TERMS OF USE
K2 Insurance Services

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES PROVIDED BY K2 INSURANCE SERVICES. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY K2 INSURANCE SERVICES AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.PLEASE CONSULT THESE TERMS OF USE REGULARLY.

I. DEFINITIONS

1. “K2 Insurance Services” or “Company” means K2 Insurance Services, a Delaware corporation, and any and all subsidiaries, affiliates, brands, managing general agents (MGAs), acquired entities, joint ventures, and related companies operating under the K2 Insurance Services umbrella, including but not limited to all specialty insurance programs, retail brands, wholesale operations, and agency services divisions.
2. “Website” means all websites, mobile applications, and all subsequent pages made available by or through such digital platforms, owned or operated by K2 Insurance Services, its subsidiaries, brands, MGAs, or any affiliated entities, regardless of the specific brand name or domain used.
3. “You” and “Your” means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
4. “Services” means the insurance services, claims handling, underwriting services, and related products offered by K2 Insurance Services through its partnerships with insurance companies.

II. DESCRIPTION OF SERVICES

1. General. K2 Insurance Services provides insurance services including claims handling and underwriting services through partnerships with insurance companies. We facilitate connections between users and insurance providers but do not issue insurance policies directly.
2. Insurance Contracts. Any insurance policy obtained through our services is a separate contract between you and the insurance company which issues the policy. K2 Insurance Services is not party to and assumes no liability under the policy, and all claims you may make under the policy must be filed directly with the insurer in accordance with your policy provisions, terms and conditions.
3. No Authority to Bind Coverage. K2 Insurance Services may receive information relating to insurance applications via the Website even though K2 Insurance Services does not have the authority to bind insurance policies or provide coverage. You acknowledge that submission of information via the Website may not result in obtaining insurance coverage.

III. АССЕРТАBLE USE AND RESTRICTIONS

1. Your use of the Website shall be governed exclusively by the terms of this Agreement.
2. K2 Insurance Services grants to You a non-exclusive and non-transferable license to:
   1. Use the Website as provided herein, until this Agreement is terminated;
   2. Access, load, store and operate the Website with browser software; and
   3. Display, download and print portions of the Website to investigate and/or obtain insurance services, subject to the limitations in this Agreement.
3. You shall NOT, without the prior written consent of K2 Insurance Services:
   1. Decompile, reverse engineer, disassemble and/or create derivative works from the Website;
   2. Remove or obscure any proprietary notices including copyright, trademark and patent designations;
   3. Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Website to any third parties;
   4. Use the Website for any unauthorized commercial purpose;
   5. Store accessed content for more than thirty (30) days;
   6. Frame the Website or hyperlink to the Website without express written permission.
4. You shall not interrupt, or attempt to interrupt, the operation of the Website in any way.

IV. INTELLECTUAL PROPERTY RIGHTS

1. Copyright. All content included on this Website, such as text, graphics, logos, images, software, and data compilations, is the property of K2 Insurance Services, its suppliers, or licensors and is protected by United States and international copyright laws.
2. Trademarks. “K2 Insurance Services” and all other marks, logos, brand names, and trade names displayed on any Website operated by K2 Insurance Services or its subsidiaries, brands, MGAs, or affiliated entities are registered or unregistered trademarks of K2 Insurance Services or its respective subsidiaries and affiliates. This includes all specialty program brands, retail insurance brands, and agency service marks.
3. Trade Secrets. The Website may contain software or other information that is confidential and proprietary to K2 Insurance Services. You are prohibited from decompiling, reverse engineering and/or disassembling any portion of the Website.

V. USER REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that:

1. You are of proper age to enter into this Agreement;
2. You are entering this Agreement with a sound mind and not under duress;
3. Any information that You provide through the Website is true and accurate, and You shall modify such information as necessary to maintain accuracy;
4. You shall comply with all applicable laws, rules and regulations with respect to Your use of the Website and any related services;
5. You shall not use the Website to infringe, misappropriate or violate any rights of K2 Insurance Services or any third party.

VI. SMS MESSAGING TERMS

If you agree, K2 Insurance Services or any of its brands, subsidiaries, MGA’s, or affiliated entities, may contact you via text messages from K2 Insurance Services regarding account notifications, policy updates, claims information, and service-related communications. Message frequency varies based on services we are providing, your account activity and preferences. Message and data rates may apply. To opt-out of text messages at any time, reply STOP. Standard messaging rates from your wireless carrier will apply to all text messages sent and received from any K2 entity.

VII. DATA SHARING AND PRIVACY

1. Registration Data. To complete insurance applications, you will be required to provide certain information and data (“Registration Data”). By completing the application process, you agree that all information provided is true and accurate. To provide you with quotes and services, it is necessary for us to share your Registration Data with insurers and service providers. You hereby authorize K2 Insurance Services and its partners to capture and share such information as described in our Privacy Policy.
2. Electronic Delivery. We and our partners may deliver insurance documents and communications through electronic means. You consent to electronic delivery of all documents and communications relating to insurance services obtained through K2 Insurance Services.
3. Privacy Policy. With respect to information collected through the Website, K2 Insurance Services shall adhere to the Privacy Policy found on our Website.

VIII. DISCLAIMER OF WARRANTIES

WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied.

IX. LIMITATIONS ON LIABILITY

USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE. K2 INSURANCE SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIABILITY OF K2 INSURANCE SERVICES, IF ANY, ARISING OUT OF ANY LEGAL CLAIM IN ANY WAY CONNECTED WITH THE WEBSITE OR INSURANCE SERVICES IS LIMITED TO THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE HUNDRED DOLLARS ($100.00).

X. INDEMNIFICATION

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. You agree to indemnify and hold harmless K2 Insurance Services from any claims, damages, or expenses arising from your use of the Website or violation of these Terms of Use.

XI. THIRD PARTY DISPUTES

Any dispute you have with any third-party, including your insurance company, is directly between you and such third-party, and you irrevocably release us from claims, demands and damages of every kind arising out of or connected with such disputes.

XII. MODIFICATIONS

1. To the Agreement. We have the right to modify this Agreement at any time. No notice is required for any modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following posting of modifications shall be deemed acceptance of all such modifications.
2. To the Website. We have the right to modify, suspend or discontinue the Website or any portion thereof at any time without notice or liability.

XIII. TERM AND TERMINATION

1. This Agreement shall continue until terminated by us or until You notify us in writing of Your decision to terminate.
2. Termination shall take effect within thirty (30) days of receipt of your request. Upon termination, you remain bound by Sections IV, VII, VIII, IX, X, and XIII.
3. Either party may terminate this Agreement at any time. Termination is your sole remedy with respect to any dispute with us.

XIV. MULTI-BRAND APPLICATION

These Terms of Use apply to all interactions with K2 Insurance Services and any of its brands, subsidiaries, MGAs, acquired entities, specialty programs, retail operations, wholesale divisions, and affiliated companies. Regardless of which specific K2 brand or entity you interact with, you are bound by these unified Terms of Use. Each K2 brand and subsidiary is authorized to enforce these terms on behalf of the entire K2 organization.

XV. MISCELLANEOUS

1. Severability. If any provision is found invalid, the invalidity shall not affect other provisions, and all unaffected provisions shall remain in full force.
2. Governing Law. This Agreement shall be governed by the laws of the State of Delaware without regard to conflicts of laws principles.
3. Jurisdiction and Venue. Any controversies arising out of this Agreement shall be adjudicated in the state or federal courts of Delaware.
4. Waiver of Jury Trial. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING ARISING OUT OF THIS AGREEMENT.
5. Attorneys Fees. You agree to pay all costs and expenses, including attorneys fees, for K2 Insurance Services with respect to any proceeding arising out of this Agreement, regardless of outcome.
6. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements relating to the same subject matter.