Terms of Service - hitlpartners.com

Last Updated: January 21, 2026

Welcome, and thank you for your interest in HITL Partners Inc. (“HITL Network,” “we,” or “us”) and our website at www.hitlpartners.com.com, along with our related websites, deployment websites for Insurance Carriers (defined below), networks, applications, mobile applications, SMS, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and HITL Partners regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I AGREE,” “I AGREE AND CONTINUE,” OR A SIMILARLY-LABELED BUTTON INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING, AS APPLICABLE, HITL PARTNERS’ PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND HITL PARTNERS’ PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY HITL PARTNERS AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND HITL PARTNERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

DISCLAIMER: HITL Partners is not an insurance broker and does not act on behalf of any particular insurance provider or agent. We do not endorse any particular provider, offer advice regarding any insurance coverage, or guarantee in any way that our Service will meet your particular needs. For questions about your insurance coverage, please contact your insurance provider or agent directly.

HITL Partners Service Overview. HITL Partners offers insurance-related software solutions. The Service may be provided through a web-based application or through SMS, iMessage, and certain other third-party platforms. HITL Partners does not charge you for the Service, however, message and data use rates may apply from your mobile carrier. Your ability to use the Service is subject to compliance with the terms and conditions of your mobile carrier and any third-party platforms in connection with which you access the Service.
Eligibility. You must be at least 13 years old to use the Service (the “Minimum Age”). By agreeing to these Terms, you represent and warrant to us that: (1) you are at least the Minimum Age; (2) you have not previously been suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Insurance Carrier. To access certain features of the Service, you must be a current customer of an insurance carrier that partners with HITL Partners (“Insurance Carrier”). Your relationship with the Insurance Carrier, including any matters relating to products or services sold by the Insurance Carrier, and any support regarding those products and services, is governed by the sales agreement, terms of service, insurance policy, or other agreement between you and that Insurance Carrier. HITL Partners has no liability to you with respect to any products or services provided by, or conduct of, any Insurance Carrier.
Licenses
1. Limited License. Subject to your complete and ongoing compliance with these Terms, HITL Partners grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not attempt to: (a) reproduce, distribute, create derivative works of, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, or attempt to derive the source code of the Service; (e) sell, resell, license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the Service or any part thereof (including any search results obtained through use of the Service); or (f) make any other use of the Service, Materials (defined below), or any other content provided by HITL Partners on or through the Service except as expressly authorized by HITL Partners in these Terms. If you are prohibited under applicable law from using the Service, you may not use it.
3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service, or if you provide any reviews or ratings of the Service, including in response to any survey sent by HITL Partners (collectively, “Feedback”), then you hereby grant HITL Partners an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights. The Service is owned and operated by HITL Partners. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by HITL Partners are protected by intellectual property and other laws. All Materials included in the Service are the property of HITL Partners or its third-party licensors. Except as expressly authorized by HITL Partners, you may not make use of the Materials. HITL PARTNERS reserves all rights to the Materials not granted expressly in these Terms.
Third-Party Terms
1. Third-Party Services and Linked Websites. HITL Partners may provide tools through the Service that enable you to export information, including User Content (defined below), to third-party services. By using one of these tools, you agree that HITL Partners may transfer that information to the applicable third-party service. Third-party services are not under HITL Partners control, and, to the fullest extent permitted by law, HITL Partners is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under HITL Partners’ control, and HITL Partners is not responsible for their content.
2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
3. Google’s Terms of Service. The Service uses Google Maps APIs. By using the Service, you agree that you are bound by Google’s Terms of Service.
User Content
1. User Content Generally. Certain features of the Service may permit users to upload content to or send content through the Service, including messages, SMS messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”). You retain any ownership of copyrights and other proprietary rights that you may hold in the User Content that you upload to the Service.
2. Limited License Grant to HITL Partners . By providing User Content to or via the Service, you grant HITL Partners a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense, through multiple tiers) to host, store, process, transfer, display, perform, reproduce, modify for the purpose of formatting for display, create derivative works of, and distribute your User Content, in whole or in part, for purposes of providing the Service, including by making User Content available to your Insurance Carriers and their designees.
3. User Content Representations and Warranties. HITL Partners disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
  - a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize HITL Partners and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by HITL Partners , applicable Insurance Carriers, the Service, and these Terms; and
  - b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause HITL Partners to violate any law or regulation.
4. Responsibility to Update Contact Information. You are solely responsible for the accuracy of contact information you provide to HITL Partners . If contact information, including your telephone number or email, becomes inaccurate or is no longer valid for any reason, you must update HITL Partners immediately to continue using the Service. You can update your contact information through the Service or by emailing support@hitlpartnes.com. In no event will HITL Partners incur any liability for failing to contact you using information which is no longer accurate but you have not updated.
Communications
1. Text Messaging. HITL Partners and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing text messages at any time by sending an email to support@hitlpatners.com indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the texts or by texting “STOP” or “END” from the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. Operational text messages are essential to the Service. If you do not wish to receive operational text messages from us, do not use the Service. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
2. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
1. use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation, including all applicable insurance laws and regulations;
2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
3. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
4. interfere with the operation of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) collecting personal information about another user or third party without consent; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
5. attempt to access or search the Service or content available on the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by HITL Partners or other generally available third-party web browsers;
6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, providing false information about the identity of any person, accessing any other Service account without permission, falsifying your age or date of birth, or providing false information in an effort to commit insurance fraud or gather competitive intelligence about the Service or HITL Partners ;
7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; or
8. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time in accordance with this Section 10. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept the modified Terms in order to continue to use the Service. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service
1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.
2. Termination. If you violate any provision of these Terms, your authorization to access the Service automatically terminates. In addition, HITL Partners may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by contacting customer service atsupport@hitlprtners.como m, at which point you may no longer access or use the Service.
3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access the Service; (c) you must pay HITL Partners any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.3, 5, 11.3, 12, 13, 14, 15, 16, and 17 will survive.
4. Modification of the Service. HITL Partners reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. HITL Partnerswill have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify HITL Partners , its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “HITL Partners Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No WarrantiesTHE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HITL PARTNERS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HITL PARTNERS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HITL PARTNERS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. HITL PARTNERS IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO, ANY THIRD PARTIES OR THIRD-PARTY PRODUCTS OR SERVICES THAT HITL PARTNERS MAY SUGGEST, REFER, OR OTHERWISE MAKE AVAILABLE TO YOU. IF YOU CHOOSE TO ENGAGE WITH SUCH THIRD PARTIES OR THIRD-PARTY PRODUCTS OR SERVICES, THEN YOU DO SO AT YOUR OWN RISK AND SUBJECT TO YOUR AGREEMENT WITH THE RELEVANT THIRD PARTY AND NOT THESE TERMS. HITL PARTNERS DOES NOT CONTROL, AND HITL PARTNERS HAS NO LIABILITY FOR, ANY SUCH THIRD PARTIES OR THIRD-PARTY PRODUCTS OR SERVICES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR HITL PARTNERS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HITL PARTNERS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. HITL PARTNERS DOES NOT GIVE LEGAL ADVICE, AND ANY DOCUMENTS OR MATERIALS PROVIDED BY HITL PARTNERS ARE NOT, AND ARE NOT A SUBSTITUTE FOR, LEGAL ADVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. HITL PARTNERS does not disclaim any warranty or other right that HITL PARTNERS is prohibited from disclaiming under applicable law.
Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HITL PARTNERS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HITL PARTNERS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.EXCEPT AS PROVIDED IN SECTION 15.5 AND 15.7 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HITL PARTNERS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.FOR THE AVOIDANCE OF DOUBT, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION 14 WILL NOT BE UNDERSTOOD TO LIMIT OR OTHERWISE MODIFY YOUR RIGHTS UNDER ANY AGREEMENT (INCLUDING ANY INSURANCE POLICY) BETWEEN YOU AND YOUR INSURANCE CARRIER.
Dispute Resolution and Arbitration
1. Generally. Except as described in Section 15.2 (Exceptions) and 15.3 (Opt-Out), you and HITL Partners agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HITL PARTNERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to HITL Partners Insurance Technologies Inc., Attention: Legal Department – Arbitration Opt-Out, 650 Page Mill Rd, Palo Alto, CA 94304 that specifies: your full legal name, the email address associated with your use of the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once HITL Partners receives your Opt-Out Notice, this Section 15 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting or by contacting HITL Partners .
5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). HITL Partners’ address for Notice of Arbitration is: HITL Partners Inc., 260 Peachtree St NW, Atlanta, GA 30303. The Notice of Arbitration must: (a) identify the name of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or HITL Partners may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.
6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or HITL Partners must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
7. Arbitration Relief. Except as provided in Section 15.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by HITL Partners before an arbitrator was selected, HITL Partners will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
8. No Class Actions. YOU AND HITL PARTNERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9. Modifications to this Arbitration Provision. If HITL Partners makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to HITL Partners’ address for Notice of Arbitration, in which case your access to the Service will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
10. Enforceability. If Section 15.10 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if HITL Partners receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 (Governing Law) will govern any action arising out of or related to these Terms.
Miscellaneous
1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and HITL Partners regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and HITL Partners submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
3. Privacy Policy. Please read the HITL Partners Privacy Policy (the “Privacy Policy”) carefully for information potentially relating to our collection, use, storage, and disclosure of your personal information. The HITL Partners Privacy Policy is incorporated by this reference into, and made a part of, these Terms. Please note, however, that when you use our Service as a customer of your Insurance Carrier or in connection with an Insurance Carrier’s request for your information to process a claim, we may process the information you provide to us in accordance with separate contractual terms between us and the Insurance Carrier. In that context, the Insurance Carrier is the data controller, and its privacy policies will apply to the processing of your personal information. Please refer to the Insurance Carrier’s privacy policies if you have any questions about their processing of your personal information.
4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic Communications from us, including on behalf of an Insurance Carrier, as may be further described in these Terms or our Privacy Policy or as required of us by an Insurance Carrier. You agree that any agreements or Communications that we send to you electronically will satisfy any legal communication requirements, including that those Communications be in writing.
6. Contact Information. The Service is offered by HITL Partners Inc.. You may contact us by sending correspondence to that address or by emailing us at support@hitlpartners.com.
8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
9. International Use. The Service is intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
10. Commercial Use. If you are an insurance carrier, insurance agent, or broker, or an employee of the foregoing, using the Service to provide services to end users, your use of the Service is subject to the separate commercial agreement entered into between you (or your employer) and HITL Partners , and in the event of any conflict between these Terms and that agreement, that agreement will control. If no separate commercial agreement has been entered into between you (or your employer) and HITL Partners , then these Terms will control.