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UNIVERSAL DIRECT TERMS AND CONDITIONS

The following Terms and Conditions (the "Terms and Conditions") between you and Evolution Risk Advisors, Inc. and its affiliates (the "Company") govern your use of this Website, www.universaldirect.com (the Website"). By using the Website in any way, you acknowledge that you have read and understood these Terms and Conditions, and you agree to be bound by these Terms and Conditions. You also agree to comply with all applicable laws and regulations, including United States patent, trademark, service mark and copyright laws. If you do not agree to these Terms and Conditions, please do not use the Website. If you are using the Website on behalf of a company or other organization, then you represent that you have the legal authority to bind such organization to these Terms and Conditions. If you are an agent of the Company, certain agent-specific terms and conditions may apply to you (including, without limitation, the agent agreement governing your relationship with the Company) and may supersede these Terms and Conditions. This Website is for use by individual consumers who are interested in obtaining information about, and a premium quote for, personal residential property insurance. Any other use is unauthorized. If you are a third party and not the ultimate consumer (i.e. applicant/named insured) of any quote or product offered through this Website, you assume all liability and responsibility for such unauthorized use and agree to hold the Company and its affiliates harmless against such unauthorized use. Without limiting the foregoing, no person is authorized to use the Website to solicit consumers or otherwise market insurance. Agents appointed by the Company must use the Agent Portal for all consumer transactions and agency business.

ABOUT THE UNIVERSAL DIRECT WEBSITE

The Website is owned and operated by Evolution Risk Advisors, Inc. (“ERA”). Through the Website, users may receive quotes for insurance, purchase insurance products, and manage their policies online. Policies issued through this site are provided by Universal Property & Casualty Insurance Company (“UPCIC”), an affiliate of ERA. Insurance agency services provided in connection with applications submitted to, or policies procured from, the Website will be provided by Clovered, Inc. ("Clovered"), an insurance agency affiliated with ERA and UPCIC. In some cases, you may be asked about your interest in other products or services that are not offered by UPCIC, ERA or Clovered. With your consent, you may be directed to third party insurers, agents or others who offer these products and services. ERA may receive compensation from such third parties in connection with their opportunity to offer products or services to you, or with your purchase of such products or services. If you choose to purchase any such other products or services, those products or services will be the sole responsibility of the third parties and will not be the products, services or responsibility of UPCIC, ERA or Clovered, Inc.

Before obtaining a policy through the Website, you should evaluate the products offered by UPCIC to determine whether they are appropriate for your specific needs. You will find helpful information on the Website to assist you in understanding the types of policies we offer. We also offer the opportunity for you to ask questions online or over the telephone if you have questions or would like additional information.

If you obtain a policy through the Website, your policy will be delivered electronically to the e-mail address you have provided to us. You will also have electronic access to your policy on this Website. However, if you desire a paper copy of your policy, you may obtain one by contacting us at (800) 425-9113 or by contacting the agent of record listed on your policy.

This Website provides a convenient forum through which users may transact business and obtain insurance policies. However, we also appoint independent agents in the states in which the Website does business. If you prefer to transact business with one of our independent agents, you may visit universalproperty.com/find-agent or contact us at (800) 425-9113 and we would be happy to provide you with a list of agents in your area. You are ultimately responsible in the selection of a UPCIC appointed agent, and agree that such selection is your own. Please note that the UPCIC rating plan and resulting premium calculations do not differ whether coverage is procured with UPCIC on the Website or through an independent insurance agent.

PRODUCER COMPENSATION

UPCIC sells insurance products and services through an extensive network of affiliated and non-affiliated independent insurance agents and brokers. These agents and brokers may be referred to as "producers." Producers are typically compensated on the basis of commissions as consideration for their placement of your insurance policy with UPCIC. Such compensation is generally a percentage of the policy premium for both new and renewal policies. The commission percentage varies according to factors, such as the type of product being written, and the state where a risk is located. ERA is compensated with a commission and/or policy fee for business placed with UPCIC. Other compensation incentives and promotions may be offered to producers from time to time.

OWNERSHIP INTEREST IN A PRODUCER

UPCIC is affiliated with ERA, Clovered, and Coastal Homeowners Insurance Specialists, Inc. (“Coastal”). UPCIC is licensed as a property and casualty insurance company in the states in which it transacts insurance. Clovered and Coastal are licensed producers in the states in which they operate. ERA is licensed and operates as a Managing General Agent in its state of incorporation and holds managing general agent and/or producer licenses in the states in which it operates.

PROPRIETARY RIGHTS

All right, title and interest in the works of authorship and other content contained in the Website, including but not limited to all design, text, and images, are owned, licensed, or controlled by the Company. Such content is protected by copyright, trademark and other forms of proprietary rights. You agree that you will not use any such content in any way that would be inconsistent with or in violation of such copyrights, trademarks and other proprietary rights.

SYSTEM REQUIREMENTS AND RESPONSIBILITY

To use the Website, you must have a personal computer or other communication device equipped with a modem or other Internet access device. You are responsible for the selection, installation, maintenance, and operation of your computer, devices and software. The Company is not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with the Website. The Company reserves the right to change the system requirements for using the Website. The Website is designed for, and verified with, the last two major releases of Chrome, Firefox, Edge, Safari, and mobile counterparts. Other browsers may or may not be compatible with the Website.

USING THE WEBSITE

You agree that you will not use the Website in any manner that could damage or overburden the Website or any equipment or software of the Company. You must not post, transmit or otherwise make available any materials through or in connection with the Website that may be illegal, damaging, or objectionable to the Company; or use the Website in any manner that may be illegal, damaging, or objectionable to the Company. Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

Prohibited activities include, without limitation:

  • harvesting or collecting information about users of the Website;
  • obtaining, or attempting to obtain, access to any content, material or information on this Website that is protected by passwords, personal identification numbers or other required login identification through any means not expressly authorized by the Company or that otherwise pertains to any person who has not authorized you to access or attempt to access the information;
  • interfering with or disrupting the operation of the Website or the servers or networks used to make the Website available;
  • exploiting any portion of (or using) the Website except as expressly authorized herein;
  • reverse engineering, decompiling or disassembling any portion of the Website, except where such restriction is expressly prohibited by applicable law; and
  • using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather content of the Website, or reproduce or circumvent the navigational structure or presentation of the Website.

REGISTRATION; USER NAMES AND PASSWORDS

You may need to register to use all or part of the Website. Unauthorized access or use of such portions of the Website is prohibited. Your user name and password are for your personal use only and should be kept confidential and secure. You must promptly notify the Company of any confidentiality breach or unauthorized use of your user name or password, or your account. The Company is authorized to act on instructions received under your password without any requirement to question those instructions. The Company may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.

TRANSACTIONS

The Website may make available listings, links, services, and descriptions and images of goods or services (collectively, "Products"). Such Products may be made available by third parties ("Third Party Products"). The Company may make available the ability to make payments in connection with certain Products through the Website (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD, DEBIT CARD, OR ANY OTHER PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION AND ANY SUCH PAYMENT METHOD HAS SUFFICIENT FUNDS TO COMPLETE THE TRANSACTION. By submitting such information, you grant to the Company the right to provide such information to third parties for purposes of facilitating Transactions. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders and payments by e-mail, the receipt of an e-mail confirmation does not constitute our acceptance of an order or payment, or our confirmation of an offer to sell a Product. Additional terms of use or conditions may apply to certain information available on, or processes available through, the website.

DISCLAIMER AND LIMITATION OF LIABILITY

ALL OF THE CONTENT AND MATERIAL ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS AND THIRD PARTY PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION: THAT THE WEBSITE WILL BE UPDATED, COMPLETE, CORRECT, OR SECURE; AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.

NEITHER THE COMPANY NOR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE ELSE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), DISRUPTION OF WEBSITE SERVICES, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD PARTY PRODUCTS IS TO STOP USING THE WEBSITE.

ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS) ARE MADE ON BEHALF OF THE COMPANY AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS.

YOUR USE OF THIRD PARTY PRODUCTS IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY PRODUCTS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY PRODUCTS).

Applicable law may provide you with rights in addition to those above or may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Any provision of this Disclaimer and Limitation of Liability that is inapplicable or declared invalid will be deemed severable from, and its inapplicability or invalidity will not affect the applicability, validity or enforceability of, the remainder of this Disclaimer and Limitation of Liability.

LEAVING THE WEBSITE

When you leave the Website, whether via a link contained on the Website or through the use of any navigational tool, the content, material and information you view after you leave the Website may not be provided by the Company. Except for the Website and other Company websites, The Company is not responsible for, nor has it developed or reviewed, the content on any other websites. The Company makes no guarantees, representations or warranties as to, and will have no liability or responsibility for, any content or material provided by any third party on or through this Website, including, without limitation, the accuracy, subject matter, quality or timeliness of any such content or material. The Company disclaims any responsibility for the information available on any third party website that may be reached by links from this Website.

CHANGES TO TERMS AND CONDITIONS

The Company reserves the right to revise these Terms and Conditions at any time without prior notice to you. Any changes will become effective when the revised Terms and Conditions are posted on the Website. Your use of the Website following these changes means that you accept the revised Terms and Conditions.

ADDITIONAL TERMS AND CONDITIONS

These Terms and Conditions do not supersede or abridge other terms and conditions applicable to certain information available on, or processes available through, the Website, including without limitation the terms and conditions applicable to access to policy or quote information, electronic payment systems, electronic signature processes, electronic mail delivery, the SMS (Short Messaging Service) program and/or the privacy policy.

VIOLATIONS OF TERMS AND CONDITIONS

The Company reserves the right to seek all remedies available at law and in equity for any violations of these Terms and Conditions, including the right to block access from particular Internet addresses to the Website without notice.

GOVERNING LAW

These Terms and Conditions and your use of the Website are governed by and will be construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of laws. The Company Website is controlled and operated from the United States and is not intended to subject the Company to the laws or jurisdiction of any state, country, or territory other than that of the United States. The Website may not be appropriate or available for use in some non-U.S. jurisdictions. You must comply with all applicable laws, rules and regulations in using the Website.