Last Updated: June 1, 2020
Consent to Receive Electronic Communications
User acknowledges that the Services are a commercially valuable proprietary product of Cake, the design and development of which have involved the expenditure of substantial amounts of money over a long period of time, and which affords Cake a commercial advantage over its competitors. User understands that loss of this competitive advantage due to any unauthorized reproduction, downloading or use of data would cause substantial damage to Cake.
User also understands that the Services contain proprietary information, including personal health and financial information that will cause harm to the individuals whose information is contained in the Cake database if disseminated without the authorized individual’s permission.
In the event User is a Cake policyholder, User is permitted to only access the personal health, financial, policy, account or other information that is included in User’s worker’s compensation claim or policy.
In the event User is an authorized insurance agent of a Cake policyholder, User is required to secure the prior authorization of the policyholder to access the policyholder’s Cake account and such insurance agent is permitted to access the agent’s authorized policyholder’s worker’s compensation claim or policy.
In the event User is the medical provider of a claimant under a Cake policy, User is permitted to only access the personal health, financial, policy, account or other information that is included in the claimant’s worker’s compensation claim or policy.
In the event User is an injured worker that has filed a claim under a Cake policy, User is permitted to only access the personal health, financial, policy, account or other information that is included in the claimant’s worker’s compensation claim or policy.
In the event User is an attorney for an injured worker that has filed a claim under a Pinnacol policy, User is permitted to only access the medical records, medical bills, correspondence, payments and mileage reimbursements. The attorney will not have access to documents related to an injured worker’s prior claim(s) unless said attorney represented the injured worker during the claim(s).
Your use of the Services is at the sole discretion of Cake, which may deny you further use of the Services at any time, for any reason, with or without cause. Your use of the Services, registration of your Cake account, access to your Cake account, requests for information about any policy or claim, or the ordering of products or services via the Services does not entitle you to continue to use the Services.
In order for us to provide an insurance quote, respond to your claim, or provide other transactions through the Services, you must provide true, accurate and current information about yourself as prompted by the Website’s online forms. Cake is not responsible for transactions resulting from information you provide that is untrue, inaccurate, not current or incomplete or fraudulent.
All pages, information, and content within the Services and any material made available for download are the property of Cake and/or its affiliates, licensees or sponsors (and the term “Services” includes all such pages, information, content and material). Cake grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Services. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Services or any materials. The Services are for your own personal use only. Except as expressly provided for herein, or otherwise provided for in writing by Cake, no portion of the Services may be copied, downloaded, displayed, reproduced, modified, edited or created as derivative works, distributed, altered, enhanced or published in any manner. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable Service Terms.
You further agree not to use the Services:
Some areas of the Services are restricted and require you to use user identification information (“User ID”), such as your email address and a password, for use or access. Unauthorized use or access of the Services is strictly prohibited. When you use your User ID to use or access restricted areas of the Services, you agree that Cake is authorized to act on instructions received under your User ID without any requirement to question those instructions. In using or accessing restricted areas of the Services that require a User ID, you agree to the following conditions
Any changes you want to make to your policy, including changing your contact information, coverage limits, and your estimated payroll must be made by logging into the Website’s online portal or by calling 833-230-2253. This is the same process for making all changes such as address, ownership information or canceling your policy. Cake will not accept changes made via text messaging or by any method other than the online portal or by phone.
If you elect to purchase insurance through the Service, the price of the policy will be provided to you prior to purchase. By submitting payment through the Service, you authorize us to charge the applicable fees and any applicable taxes to the account you provide for payment. Except as expressly set forth herein or as required pursuant to applicable law, you will not be entitled to a refund of any fees. If you sign up for credit card installment payments, you authorize us to charge your credit card the agreed upon amount reflected on your invoice on or before the due date. We will send you your invoice by text or e-mail, whichever you select, based on the installment schedule you select and we will charge your credit card 18 to 20 days after the date your invoice is sent to you. If your credit card payment is not approved, for any reason, your policy may be cancelled according to its terms. It is your responsibility to ensure that we have accurate payment records and contact information to avoid cancellation of your policy. Failure to provide accurate contact and payment information does not relieve you of your payment obligations. If you chose to be notified via text messaging for your invoices, standard text messaging data and rates will apply. Please contact your mobile service provider for information regarding your text messaging and data rates.
You acknowledge that all content and materials available through the Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Cake or its licensors. Unless otherwise indicated, all logos, names and marks on the Website, the Apps, or used in the Services are trademarks or service marks owned by or used under license by Cake. Other than nominative uses, the use or misuse of any of such content, materials, trademarks and services marks is strictly prohibited.
The Services, including, but not limited to text and pictorial and graphic works, are copyrighted materials owned or controlled by Cake. You may download and print copies of these materials for your use in learning about and evaluating the products or services offered through the Services. No other permission is granted to you to download, upload, reproduce, modify, distribute, or publish these materials in any form. No permission is granted to you to hyperlink with the Website or the Apps.
Access to third-party websites through the Services is provided to you as a convenience only. We do not endorse, control or approve the products, services or information offered to you on any third-party website. If you decide to access a linked third-party website, you do so solely at your own risk and you are therefore responsible for protecting yourself against viruses or other destructive elements that may occur or result from your use of any third-party website.
THE WEBSITE AND THE OTHER SERVICES, INCLUDING ALL PRODUCTS, MATERIALS, AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CAKE AND ITS AFFILIATES, NOR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS, MAKES ANY WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR RECOMMENDATIONS IN THE SERVICES.
Significant efforts have been made by Cake to assure the faithful reproduction of any primary sources of content found on the Services and the accuracy of any enhancements to primary materials. Cake cannot warrant, however, absolute accuracy. The primary source is the only source of absolute accuracy.
Cake and User acknowledge that any third party licensors of all or any portion of the Services are intended beneficiaries of certain provisions of this Agreement, including, without limitation, those which address the protection of proprietary rights in the Services and the scope of use of the Services. If Cake fails to enforce any provisions which relate to protection or use of the Services, such third party licensors, in their own names and by a proper proceeding, may enforce such provisions against User.
The products and services described on the Website and the Apps are only available in Colorado and are only for Colorado businesses. You may not be eligible for all of the insurance products and services described on the Website and the Apps. Cake reserves the right to determine all eligibility for such products and services in its sole discretion.
We do not in any way imply that the materials on the Website and the Apps or the products or services we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business or that we are soliciting business in any such jurisdiction. Cake does not guarantee that all products or services currently offered on the Website will remain available on an ongoing basis. Any offer for any product or service made available through the Service is void where prohibited by law.
The Website and the Apps may provide a general description of certain types of insurance products, coverage and services available through Cake. These descriptions are not a part of an insurance contract or policy, and they do not amend, revise or alter the terms of any policy or endorsement issued through, or services provided by, Cake or any third party. Your coverage is subject to the terms and conditions of your insurance policy. No communication in connection with or resulting from your use of the Services should be construed as providing any coverage unless and until Cake confirms in writing an insurance policy has been issued to you. Cake will not be the insurance company that issues the policy, and is not responsible or liable for any insurance coverage.
If you elect to purchase insurance through the Service, the price of the policy will be provided to you prior to purchase. By submitting payment through the Service, you authorize us to charge the applicable fees and any applicable taxes to the account you provide for payment. Except as expressly set forth herein or as required pursuant to applicable law, you will not be entitled to a refund of any fees. If you sign up for credit card installment payments, you authorize us to charge your credit card the agreed upon amount reflected on your invoice on or before the due date. We will send you your invoice by text or e-mail, whichever you select, based on the installment schedule you select and we will charge your credit card 18 to 20 days after the date your invoice is sent to you. You may opt out of automatic credit card payments, in which case you will need to call Cake at 1-833-230-2253 or log into your account at www.cakeinsure.com to process your credit card payment before the due date of your next installment. If your credit card payment is not approved, for any reason, your policy may not issue or may be canceled according to its terms. It is your responsibility to ensure that we have current and accurate payment records and contact information to avoid cancellation of your policy. Failure to provide current and accurate contact and payment information does not relieve you of your payment obligations. If you chose to be notified via text messaging for your invoices, standard text messaging data and rates will apply. Please contact your mobile service provider for information regarding your text messaging and data rates. You acknowledge that we will store your credit card payment information for the purpose of making future installment payments and consent to our storage of your credit card payment information for this purpose.
Certain types of business and insurance risks are not eligible for underwriting through Cake, and will be referred to Pinnacol Assurance for a quote or for coverage. In the event that your business falls into this category of insurance risks, a representative from Pinnacol Assurance will contact you to discuss your policy.
In the event an employee in your company has a job-related injury, please report the claim to us via our website at www.cakeinsure.com or by telephone at 1-833-230-2253. Once the claim is reported, it will be administered by Pinnacol Assurance.
Cake is not licensed as an insurance carrier in any state other than Colorado. If you have Colorado employees temporary working in another state, limited coverage may apply. Please contact us to obtain more information. If you hire employees outside of Colorado, you will need to contact an insurance carrier in that state to obtain necessary coverage.