Last Modified: January 7, 2021
Depending on what Services you sign up for, and/or how you use or receive our Services, you may be asked to acknowledge and agree to certain Supporting Documents, including but not limited to an Outline of Coverage, Application Authorization and Acknowledgement. If you do not agree to these or any other Supporting Documents presented to you, you must not use our Services.
The Website and Services are offered and available to users who are 18 years of age or older. By using the Website or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.
The Spot Service is a service that enables users to obtain accident medical expense and/or accidental death and dismemberment coverage through certain insurance carriers with whom we partner to allow You to sign up for a policy directly with such carriers through our Website. The Spot Service is also a service that works with certain partners, e.g. ski resorts, race events, sports associations, etc. ("Partners") to allow Partners to provide coverage for individual users like You under a group policy (a "Group Policy"). Certain Group Policy coverage requires you to sign up for coverage and pay an additional fee in order to obtain coverage, and other Group Policies automatically cover you, depending on the particular coverage the Partner is offering to customers like you. Group Policies are entered into between the Partner and the insurance carrier directly. Not all Group Policies automatically offer coverage, and the terms of coverage will depend on the type of coverage the Partner selected, so You will need to check the terms provided by your Partner to understand what coverage you may have.
In order to qualify for coverage under a Group Policy, you must be a current member in good standing of the applicable activity, event, association or group ("Partner Group") for which coverage is being offered by Partner. You hereby attest that you have not and will not seek to obtain coverage under a Group Policy if you are not a member or participant in good standing of the Partner Group, and you grant us all rights necessary to verify that (1) you are and were a member of the Partner Group at the time you obtained coverage and (2) that your injury occurred at a time when you were currently a part of the Partner Group.
Insurance Fraud Notice
Filing a claim for an injury sustained prior to the time and date your coverage became active is considered fraud under State, Federal and local law. By signing up for our Services, you acknowledge and agree that your coverage does not extend to injuries sustained prior to the date and time you signed up for coverage, including any medical treatment for injuries that are sustained prior to coverage, even if treatment occurs after the date your coverage becomes active (such earlier injury and/or later treatment, a "Pre-Existing Event"). You hereby acknowledge and agree that attempting to use or using our Services in connection with Pre-Existing Event is considered fraud and is punishable by law.
When You file a claim, we reserve the right in our sole discretion to request any and all information required to verify that you signed up for coverage prior to the date and time of your injury, or that you were part of the Partner Group at the time you are attempting to be covered under a Group Policy. Such information may include, without limitation, injury reports from your Partner, membership information, ticket stubs from an event or activity (with date and time stamps), supporting statements or documents from the Partner and other participants, etc.
When you sign up for coverage under any policy using our Services, you will be given a quote for such coverage. It is important to note that all insurance quotes offered to you expire within 60 days of the date the quote is provided.
Coverage Details; Proposed Insured; Beneficiaries
When you sign up for coverage through our Services, you will be asked to confirm the details of your coverage, and to provide details about yourself as the proposed insured. By selecting coverage with a carrier through our Services, you expressly acknowledge and agree that (1) you accept the details of coverage presented to you at the time of signup; and (2) that all information regarding the proposed insured (you) is accurate and correct. If you elect to name a beneficiary, you also represent the accuracy of the information provided.
Payment, Fees and Other Charges
If you elect to access any paid component of Spot’s Services, you agree to pay all fees and charges, which may include administration fees that may vary depending on the US state or territory or country in which you reside, associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provide when you elect to access that paid component of Spot’s Services. You agree to maintain a valid payment method during the term of your use of such services.
Spot may change the price for the Spot Services from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. If a price change applies to a subscription for Spot Services, such price change will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price change by continuing to use the Services after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by cancelling your subscription for such Services prior to the price change going into effect. Cancellations will take effect the day after the last day of the current subscription period. Spot does not provide refunds or credits for any partial subscription periods.
Unauthorized Charges, Allegations of Fraud on Your Account
If you believe that your credit card or account has been accessed without your permission, you must notify Spot immediately by contacting email@example.com, but in any event no later than five (5) days from discovering such unauthorized use.
If you initiate a chargeback on the basis of fraud through us or our third party payment provider, you agree to cooperate with us in determining the accuracy of your claim, and you grant us the right to use any and all information in our possession to resolve and/or dispute the claim with our payment processor, including but not limited to evidence that your account was accessed from your IP address, details of your account activity, including the naming of beneficiaries within your account, evidence that you opened an email communication form us and/or took action based on such email, and confirmation that your credit card information was input on our Website.
Recurring Billing; Subscriptions
The Services may be offered as a paid, recurring subscription, in accordance with the billing terms and automatic billing cycles ("Recurring Billing") you agree to at the time you sign up for the Services. By signing up for monthly, quarterly, semi-annual, or annual payment terms (your "Billing Cycle"), you are agreeing to automatic Recurring Billing, and agree to pay the charges made to your account during each new Billing Cycle. You will be billed automatically each Billing Cycle until you cancel in accordance with the terms of your policy. All cancellations shall be in accordance with the terms of the specific policy you signed up for, as disclosed to you at the time of sign up. For more information on refunds, see "Refunds" below.
The pricing of our Services may vary periodically. We cannot guarantee that the price you will or have paid is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
In order to cancel your subscription for our Services, and the corresponding coverage, you will need to log into your Spot account and follow the instructions within the account dashboard under the "Cancel Subscription" link.
If you are covered under a Group Policy and signed up through one of our Partners, you will need to cancel prior to the coverage start date to be eligible for a refund, and must contact the Partner and follow the instructions the Partner provides for cancellation.
Cancellation of coverage is governed by your carrier’s terms, not by Spot, as outlined in the policy coverage document made available to you by your insurer and displayed on your account page on our Website. To cancel an individual policy and receive a refund of your premium, you must cancel within 10 days of receipt. By signing up for our Services, you acknowledge that all cancellations are determined by the insurance carrier, not Spot, and you agree to the terms of cancellation set forth in your policy.
Release of Medical Information
Accessing the Website or Services; Account Security; Accuracy of Information
We reserve the right to withdraw or amend the Website or Services, and any service or material we provide on the Website or Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services, or the entire Website or Services, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website or Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website or Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website or Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from the Website or Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or Services or any services or materials available through the Website or Services.
The Company’s name; the terms "Spot," Spot Insurance," "Live more than a little," and "find your own Everest;" the Company’s logo, and all past, current or future names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website or Services are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm the Company or users of the Website or Services, or expose them to liability.
Additionally, you agree not to:
Use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website or Services.
Use any robot, spider, or other automatic device, process, or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website or Services.
Use any device, software, or routine that interferes with the proper working of the Website or Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Services, the server on which the Website or Services is stored, or any server, computer, or database connected to the Website or Services.
Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or Services.
The Website or Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or Services.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Services, including any photographs, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or Services.
In addition to the foregoing, in the event you upload any photographs or images through the Website or Services, or if you tag us in a post on any social media platform, you are granting us a royalty-free, perpetual, worldwide right and license to such content, including your image and likeness, and (1) to display your photograph on our home page and across our social media accounts (e.g., Instagram and Facebook); and (2) if you tagged us on a social media account, to repost your photograph and post on our account. We do not pay you or any user for granting us these licenses, and you have the right to ask us to take your image and information down at any time. By submitting a photograph to our Website or Service, or tagging us on a social media account, you further acknowledge and agree that you (1) consent to having the content of your name, image and likeness, as well as your claim payout amount, displayed in our marketing; (2) if there is any sensitive health or personal information contained in your image or claim payout amount that you do not wish to share, you will not share such information. If you do not agree to these rights, licenses and consents, you must not upload any photographs, images or similar information through the Website or Services.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions or user accounts for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Website or Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website or Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send us a notice of such copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Services, or by anyone who may be informed of any of its contents.
This Website and Services include content and services provided by third parties, including third-party insurers offering coverage to you.. All information contained in these materials, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Specifically, you expressly acknowledge and agree that (1) Spot is not an insurer and shall in no way be deemed to be responsible for providing coverage to you; (2) any and all rights and obligations to you under an insurance claim are solely governed by your contractual agreement with the insurer; (3) we hereby disclaim, and you hereby fully release us and agree to indemnify us for, any and all claims, liabilities and losses related to your insurance coverage.
Changes to the Website or Services
We may update the content on this Website or Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website or Services
Linking to the Website or Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website or Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website or Services.
Send emails or other communications with certain content, or links to certain content, on this Website or Services.
Cause limited portions of content on this Website or Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Website or Services that is not owned by you.
Cause the Website or Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website or Services other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website or Services
If the Website or Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website or Services is based in the State of Texas in the United States. We provide this Website or Services for use only by persons located in the United States. We make no claims that the Website or Services or any of its content is accessible or appropriate outside of the United States. Access to the Website or Services may not be legal by certain persons or in certain countries. If you access the Website or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR SERVICES LINKED TO IT.
YOUR USE OF THE WEBSITE OR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES IS AT YOUR OWN RISK. THE WEBSITE OR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SERVICES OR SUCH OTHER WEBSITES, OR ANY CLAIMS, LOSSES OR DAMAGES OF ANY KIND RELATED TO INSURANCE PROVIDED BY OUR THIRD-PARTY PARTNERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
European Union Resident Disclosures
We offer the Services solely in the U.S. and Canada and do not actively offer or market the Services in the European Union (EU). If you are accessing the Services from the European Union, and have any questions or concerns, please contact us at firstname.lastname@example.org. Please indicate your country of residence in your correspondence. If you have unresolved concerns, where applicable, you may also have the right to complain to data protection authorities.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website or Services should be directed to email@example.com.