TERMS & CONDITIONS

Last Update: 2/1/24

Welcome to Emerald Financial Inc. This website, emeraldfinancialinc.com, and any other websites of Emerald Financial Inc. (“Emerald,” “we,” “us,” or “our”) (collectively, the “Site”) is owned and operated by Emerald Financial Inc. The terms and conditions of use detailed below (the “Terms of Use”) govern your access to and use of the Site and apply to all internet users visiting the Site or the our mobile application (the “App”) by access or using the Site or App in any way, including using the services and resources that we make available to you through the Site or App (the “Services”). These Terms of Use are a legal contract between you and Emerald. By accessing or using the Site or downloading the App or using any of the Services, you hereby represent that (1) you have read, understand and agree to these Terms of Use, (2) you are at least 18 years of age or the age of majority in your jurisdiction, and (3) you agree to be bound by all applicable laws and regulations. If you do not agree with these Terms of Use, then you may not access or use the Site, the App, or the Services.

PLEASE BE AWARE THAT THE “DISPUTE RESOLUTION” SECTION OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

These Terms of Use are effective as of the “Last Updated” date specified above. WE MAY CHANGE THESE TERMS OF USE AT ANY TIME IN OUR SOLE DISCRETION. When changes are made, we will make a new copy of the Terms of Use available at the Site and within the App. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined below) we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms of Use will be effective immediately for new users of the Site, the App and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing Registered Users, provided that any material changes shall be effective for Registered Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined below). We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Site, the App, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site, the App, and/or the Services. Your continued use of the Site, the App, or Services after any such change will constitute your acceptance of any modified terms. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

Collection and use of personal information

Your use of the Services may involve the transmission to us of certain personally identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Statement, which is hereby incorporated by reference in its entirety.

Text messages

If you agree to receive text messages from Emerald Financial Inc., then message and data rates may apply and message frequency may vary.

The services

Insurance Services. The Services include our Personal Insurance Review, which consists of content, tools, links and recommendations intended to provide you with decision support related to insurance. All information provided to you through your use of this Service is provided for general informational and educational purposes.The Services may also include our preparation of quotes and brokering and transacting of sales to you of third-party insurance products. We are a licensed independent insurance broker. We do not underwrite any insurance policy made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the Site or through the Services are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the Site are only available in the jurisdictions in which we are properly licensed.

Your use of certain Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable third-party insurance carriers. Any third-party insurance products purchased by you through the Site are subject to the terms and conditions of the applicable insurance carrier. In the event of a conflict between these Terms of Use and the terms of any such other terms, the terms of such other terms will control.

Use of the services and Emerald Financial Inc. properties

The Site, the Services, and the information and content available on the Site and in the Services (as these terms are defined herein) are protected by copyright laws throughout the world. Subject to the Terms of Use, we grant you a limited license to reproduce portions of the Emerald Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by us in a separate license, your right to use any and all Emerald Properties is subject to the Terms of Use.

Updates. You understand that the Emerald Properties are evolving. As a result, we may require you to accept updates to the Emerald Properties that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Emerald Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Emerald Properties.

Certain Restrictions. The rights granted to you in the Terms of Use are subject to the following restrictions : (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Emerald Properties or any portion of the Emerald Properties, including the Site , (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Emerald Properties (including images, text, page layout or form) of Emerald; (c) you shall not use any metatags or other “hidden text” using our name or trademarks ; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Emerald Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Emerald Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Emerald Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Emerald Properties. Any future release, update or other addition to the Emerald Properties shall be subject to the Terms of Use. We and our suppliers and service providers reserve all rights not granted in the Terms of Use. Any unauthorized use of any Emerald Property terminates the licenses granted by us pursuant to the Terms of Use.

Third-Party Materials. As a part of the Emerald Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.

Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Emerald Properties, including but not limited to, a mobile device that is suitable to connect with and use the Emerald Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Emerald Properties.

Emerald Communications. By entering into these Terms of Use or using the Emerald Properties, you agree to receive communications from us, including via e-mail, text and/or SMS messages, calls, and push notifications, even if your number is on a do not call list. You agree that texts/SMS, calls or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text and/or SMS messages that we send.

Communications that you receive may include but not be limited to: operational communications concerning your Account or the use of the Emerald Properties, updates concerning new and existing features on the Emerald Properties, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY EMAIL SUPPORT@EMERALDFINANCIALINC.COM. YOU MAY ALSO RESPOND TO ANY PROMOTIONAL TEXT RECEIVED ON YOUR MOBILE DEVICE WITH THE WORD “STOP” TO OPT OUT OF PROMOTIONAL TEXTS. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE EMERALD PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL SUPPORT@EMERALDFINANCIALINC.COM. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL CALLS OR TEXTS MAY IMPACT YOUR USE OF THE EMERALD PROPERTIES OR RELATED SERVICES.

Other Insurance Products and Services. ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS. 

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE EMERALD PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE EMERALD PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE FEES PAID BY YOU WITHIN THE TWELVE (12) MONTHS PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; AND (C) FIVE HUNDRED DOLLARS ($500.00). ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EMERALD PROPERTIES IS TO STOP USING THE SAME.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Emerald Properties (including any interactions with, or act or omission of External Sites). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMERALD AND YOU.

External sites

The Site may contain links to third-party websites and applications, including, without limitation, the websites of the insurance carriers offering the third-party insurance products made available to you through the Services (“External Sites”). We provide these External Sites only as a convenience. We do not review, approve, monitor, warrant, endorse, control or make any representations with respect to and we are not responsible for the content of any linked External Sites, or any product or service provided in connection therewith. When you click on a link to an External Site, we will not warn you that you have left the Emerald Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. You use all External Sites at your own risk. When you leave our Site, our Terms of Use and policies no longer govern. Before using any External Site, please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You shall defend, indemnify, and hold the Emerald Parties, and assigns, harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) Your Content, (ii) your breach of these Terms of Use; (iii) your access to, use, or misuse of the Emerald Properties; or (iv) your violation of any applicable laws, rules or regulations.

Term; termination

Subject to this section, these Terms of Use will remain in full force and effect while you use the Site. We may terminate these Terms of Use and your access to all or any part of the Emerald Properties at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Emerald Properties at any time without prior notice or liability. Termination of any Service includes removal of access to such Service and barring of further use of the Service.

Dispute resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Emerald and our employees, agents, successors, or assigns, regarding or relating to the Emerald Properties or these Terms of Use shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms of Use, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Newark, Delaware. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Newark, Delaware in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Newark, Delaware for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.With the exception of subparts (1) and (2) in the above stated rules (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the above stated rules (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Newark, Delaware.

Notwithstanding any provision in this these Terms of Use to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms of Use, any such termination shall not be effective until 30 days after the version of these Terms of Use not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.

Any and all controversies, disputes, demands, counts, claims, or causes of action between you and us and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of Delaware, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.You have the right to opt out of the provisions of this Dispute Resolution section by sending written notice of your decision to opt out to: support@emeraldfinancial.com, within 30 days after first becoming subject to this section. Your notice must include your name and address, and an unequivocal statement that you want to opt out of this section of the Terms of Use. If you opt out of this section, all other parts of these Terms of Use will continue to apply to you. Opting out of this section has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled “Indemnification,” “Disclaimers of Warranties,” “Limitation of Liability,” “Term; Termination,” “Unsolicited Information,” “Intellectual Property,” “Dispute Resolution,” and “Miscellaneous” shall survive the termination of these Terms of Use. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court and except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in Newark, Delaware. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. The Emerald Properties may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.

Consumer complaints.

If you have any questions, complaints or claims with respect to the Emerald Properties, please contact us at: support@emeraldfinancialinc.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact information

Address: Emerald Financial Inc., 1730 E. Holly Ave #738., El Segundo, CA 90245,

Attn: Legal

Email: support@emeraldfinancialinc.com

Questions about this page? Email us at info@emeraldfinancialinc.