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Terms and Conditions

Welcome to the website operated by Mariners Alternative Insurance Services Inc. (“Mariners Alternative”, “we”, “us”, or “our”).

These Terms and Conditions govern any use you make of our website. Please read these Terms & Conditions carefully before accessing or using any part of this website. Please also read our Privacy Policy, which is hereby incorporated into these Terms and Conditions. If you do not agree with any of these Terms and Conditions (including as may be amended from time to time), please do not access or use any part of this website. By accessing or using this website, you will be deemed to have irrevocably agreed to these Terms & Conditions. You acknowledge and agree that, by accessing or using the website, or by downloading any content, you have read and you are bound by these Terms and Conditions.

These Terms and Conditions apply to any use you make of our website as well as any of our offline services and tools that might be made available by us from time to time, including call centers, offline enrollment tools, surveys, and other applications (“Offline Services”). The website and Offline Services are collectively referred to in this policy as the “Services.” The Services are owned and operated by Mariners.

If you accept or agree to these Terms & Conditions on behalf of a company or other legal entity (such as a partnership or limited liability company), you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions, and in such event “you” and “your” will refer and apply to that company or other legal entity.

Please note that we reserve the right, at our sole discretion, to modify these Terms and Conditions at any time and without prior notice to you. Any amended Terms and Conditions will supersede all previous versions and will be posted to this website. Your continued use of the website shall mean that you accept and agree to the amended Terms and Conditions. If you disagree with any of the Terms and Conditions (including as may be amended from time to time) or you are dissatisfied with this website, your sole and exclusive remedy is to discontinue any use of this website.

If any provision of these Terms and Conditions is adjudged, by written decision of a court or other applicable governmental authority, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement between us reflected in these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

ELIGIBILITY

The Services are directed to boat-owners over the age of 18 located in states in which Mariners Alternative is licensed. Mariners Alternative is licensed as an insurance producer in the states in which we offer our products and services. If you access this website from other locations, you hereby acknowledge that you are viewing the website for general informational purposes only.

USE OF THE WEBSITE

You agree to use the Mariners Alternative website only for lawful purposes. Your right to make use of the Services and any related content is subject to your compliance with these Terms and Conditions.

You may access and display content displayed on this website for your personal, lawful use in connection with seeking insurance. Use of the Services by a competitor company or other non-consumer third party is prohibited.

Specifically, but not exclusively, you agree not to do any of the following: (a) upload to or transmit on the website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the website any advertisements or solicitations of business; (f) restrict or inhibit use of the website by others; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the website); (j) post “spam,” transmit chain letters or engage in other similar activities; or (k) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Mariners Alternative or users of the website or expose them to liability.

Your failure to comply with these provisions may result in the termination of your access to the website and may expose you to civil and/or criminal liability.

PERSONAL INFORMATION

The term “Personal Information” (as used herein) refers to information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information.

Your privacy and the protection of your privacy is important to us. Our use of your Personal Information and our responsibilities in connection with the protection of your privacy are set out in our Privacy Policy, which is hereby incorporated into these Terms and Conditions.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms and Conditions and to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS MARINERS ALTERNATIVE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MARINERS ALTERNATIVE OR LAW ENFORCEMENT AUTHORITIES.

TRADEMARKS AND COPYRIGHTS AND USE OF CONTENT

The entire content of this website (including all information, software, text, images and audio) are proprietary to Mariners Alternative and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the website for personal use or legitimate business purposes in your role as a current or prospective customer of Mariners Alternative. The terms “Mariners Alternative” and “LightningShield™” as well as all logos and graphics using the Mariners Alternative and LightningShield names are the intellectual property of and/or federally registered trademarks/service marks owned by Mariners Alternative. Some of the characters, logos, or other images used by Mariners Alternative are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Mariners Alternative or others.

The copying, modification or use of any such content for any purpose not permitted by these Terms and Conditions may be a violation of the copyrights and/or trademarks protected by law and these Terms and Conditions and is prohibited. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Mariners Alternative or the applicable owner of such content. Except as expressly authorized by us in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this website, (b) access to this website, or (c) use of this website or any of the Services available through this website.

Our insurance distribution platform may only be accessed directly and through our Services and the content of our Services may not otherwise be copied, modified, reproduced, republished, uploaded, framed, posted, transmitted, distributed, displayed, licensed or used in any way unless specifically authorized by Mariners Alternative. You may not create any kind of hyperlink from any third-party site to ours unless you first obtain our express written permission. You are not authorized to use any portion of the Services or any other Mariners Alternative intellectual property, in the meta-tags of any website or in any other materials. Any authorization to copy any content of the Services granted by Mariners Alternative in any part of the Services for any reason is restricted to making a single copy for the use expressly permitted by Mariners Alternative, and is subject to your keeping intact all copyright and other proprietary notices. Using any content of the Services on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

INVITED SUBMISSIONS

From time to time, Mariners Alternative may expressly request submissions of content from you, such as testimonials regarding your experiences with us. Where this is the case, please carefully read any specific rules or other terms and conditions which are provided with such a request, since they will affect your legal rights. If no additional terms are provided, then these terms will apply in full. In any event, any material you send to us will not be treated as confidential, except as and to the extent required under applicable laws and as provided in our Privacy Policy.

INSURANCE PRODUCT TERMS

Mariners Alternative operates an insurance distribution platform through our website. Insurance products are available only in the United States and only in states in which Mariners Alterative is licensed. The content of the website should not be treated as insurance advice. Reliance on the content of the website is solely at your own risk. Any insurance purchasing decisions are completely and solely your responsibility. Any insurance product described in our Services, including our “LightningShield” insurance product, is subject to the terms and conditions contained in the applicable insurance policy, including exclusions, limitations, and other contract provisions. At the time of any claim, coverage will be determined in accordance with the terms and conditions of the applicable insurance policy and not the content of the website. You are therefore encouraged to view or download and review a specimen of the applicable policy documentation before making any purchase decision. Click here to view a specimen policy.

PROVISION OF ACCURATE INFORMATION

In making use of any of our Services, you represent and warrant that all the information you provide is correct, current and complete. If we determine that the information you provide (including but not limited to Personal Information) is inaccurate, fraudulent, not current, incomplete, or otherwise a violation of these Terms and Conditions, we have the right to refuse you access to the Services, deny any application for coverage, terminate your coverage, or deny your claim, or suspend your account, as applicable.

ACCOUNT REGISTRATION

You are responsible for safeguarding the password you create to access your Mariners Alternative account (“Account”). You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account to which you are, or should reasonably have been, aware. We will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.

You agree to authorize us to act on instructions received under your account and password.

PAYMENT POLICY

You authorize Mariners Alternative, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth and other information that is necessary to confirm ownership of your email address or payment method that you have selected, such as a credit card, debit card or PayPal account (“Payment Method”).

As described in our Privacy Policy, we use third parties for the secure processing of your Payment Method. You must provide accurate information in relation to your Payment Method so that the purchase of insurance is paid for by you. You authorize the charging of your Payment Method as outlined in these Terms and Conditions. Additionally, you may authorize the storage of your Payment Method by the third party.

When you select and provide information to us pursuant to a Payment Method, you confirm that you are permitted to use that Payment Method and you authorize us and our designated payment processor to charge the full amount of the insurance to the Payment Method you select for the purchase.

If you cancel your purchase prior to that purchase being confirmed by us, then we will cancel any preauthorization in respect of your Payment Method and/or refund a nominal amount charged to your Payment Method in connection with that purchase.

We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up paying the correct amount.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARINERS ALTERNATIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MARINERS ALTERNATIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON OR LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MARINERS ALTERNATIVE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

MARINERS ALTERNATIVE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT MARINERS ALTERNATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

EXCLUSION OF DAMAGES

MARINERS ALTERNATIVE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF MARINERS ALTERNATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MARINERS ALTERNATIVE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES.

INDEMNITY

You agree to defend, indemnify and hold harmless Mariners Alternative and its officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, principals, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms and Conditions.

SERVICE

In order to use the website, you must obtain access to the Internet and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the website (including a computer, modem, mobile device, tablet, and/or other access devices).

RESERVATION OF RIGHTS

Mariners Alternative reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the website, with or without notice and/or to establish general guidelines and limitations on their use.

YOUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS

You are responsible for complying with local, state and federal law, regulations and guidance, if and to the extent such laws, regulations and guidance are applicable in relation to: (a) the Services; and (b) your use and operation of any boat insured through Mariners Alternative. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

THIRD PARTY SITES

Our website may link you to other sites on the Internet. These other sites are not under the control of Mariners Alternative, and you acknowledge that (whether or not such sites are affiliated in any way with Mariners Alternative) Mariners Alternative is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Mariners Alternative or any association with its operators.

We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Mariners Alternative since the third-party sites are owned and operated by independent parties. Mariners Alternative does not endorse any of the products and services, nor has Mariners Alternative taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate (such as reading the terms of use and privacy policies provided on any third-party site) before proceeding with any online transaction with any of these third parties.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, as they are applied to agreements entered into and to be performed entirely within the State of Delaware. All disputes shall be subject to the sole and exclusive jurisdiction of the courts of the State of Delaware and no other courts, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire and exclusive understanding and agreement between you and Mariners Alternative regarding the website and any purchase of insurance via the website and the Services, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between Mariners Alternative and you regarding the website.

ASSIGNMENT

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mariners Alternative may assign or transfer these Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by Mariners Alternative (a) via email (in each case to the address that you provide) or (b) by posting to the website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

UNDERWRITING ENTITIES

The following information is disclosed pursuant to various state insurance laws. LightningShield insurance policies are underwritten by Agent Alliance Insurance Company, 5630 University Parkway, Winston Salem, NC 27105.

INSURANCE QUOTES AND COVERAGE

All quotes generated in this website are based on information you provided on this website, as well as, in some cases, information we obtain from third-parties. Quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided in this website are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage you must complete all of the steps in this website through the final application through this website. Applications are subject to underwriting review and approval.

By using the website to purchase insurance, you declare that all particulars stated in the application process are true and complete to the best of your knowledge and that no information has been withheld or suppressed. You represent that all statements made in the application process and the terms and conditions of the policy in use by the insurer shall be the basis of any contract between you and the insurers. You hereby authorize the insurer to investigate any statements made during the application process.

CLAIM SUBMISSIONS

If you file a claim under your policy, the information you submit and the loss are subject to review and verification. We reserve the right to request additional information before making a final decision on your claim. In some cases, a claim representative may contact you regarding your claim. Your claim is of course subject to the provisions in your policy.

FRAUD STATEMENT APPLICABLE IN FLORIDA

Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.

Omitting, misrepresenting, or stating information falsely on an application for any matter material to the risk may constitute insurance fraud, may void all coverage, and may subject the insured to criminal and civil penalties. The insurance company will consider claims history for purposes of determining whether or not to cancel or refuse to renew your policy.

CONSENT TO CONDUCT ELECTRONIC TRANSACTIONS AND ELECTRONIC SIGNATURE

We need your consent to conduct business with you electronically. If you enter into a transaction with us via this website or by phone, you acknowledge that you have read and consent to this Consent to Conduct Electronic Transactions and Electronic Signature. This section informs you of your rights when receiving electronic communications from us.

Your consent to receive documents electronically includes your consent to receive, in electronic form rather than on paper, all relevant statements, notices, policy documents, declaration pages, renewal documents and other documents (“Policy Documents”) that we are required to send you. We will send any Policy Documents to the email address provided by you during the application and account registration process (or as it may be updated by you from time to time).

To view or download Policy Documents you will require access to the Internet and will need a program to read documents in PDF format. Such a program is available at no cost from www.adobe.com.

You acknowledge that it is your obligation to notify us immediately if there is a change in your email address. To contact us via the website, click here, or see the section, below, on How to Contact Us.

By completing a document on this website, you agree that, for the purposes of complying with any applicable law that requires a document or response be in “writing”, such electronic document shall be considered to be “in writing” or “written” to an extent no less than if it were in paper form.

By electronically signing a document on this website (which may include clicking on an “I Accept” button or other steps designated on this website as constituting your electronic signature), you agree that the application of your electronic signature in the manner specified on this website indicates your intent to sign the applicable document and that such electronic document shall be considered to be “signed” to an extent no less than if it were signed using pen and paper, and such electronic signature shall satisfy all requirements for a signature.

You represent and warrant that you have the authority to provide an electronic signature and acceptance on behalf of yourself, and to have the electronically signed documents be binding upon you.

If introduced as evidence in any judicial, arbitration, mediation or administrative proceedings, such electronic documents shall be admissible as between you and us to the same extent and under the same conditions as records originated and maintained in paper form and you agree that you shall not contest the admissibility or enforceability of Mariners Alternative’s copies of such electronic documents in a court or any proceeding under any evidentiary rule on the basis that the electronic document was not originated or maintained in paper form.

If at any point you have questions regarding electronic delivery of Policy Documents or electronic signature of documents, please contact us. You may also, upon request, obtain a paper copy of any specific Policy Document by contacting us via the website by clicking here. Alternatively, see the section, below, on How to Contact Us.

HOW TO CONTACT US

The Services are controlled and operated by Mariners Alternative. We can be contacted at:

Mariners Alternative Insurance Services Inc.
4279 Roswell Road NE
Suite 208 #238
Atlanta
GA 30342

Telephone: 1 (833) 548-6464

e-mail: info@marinersalternative.com