Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Veracity Insurance Solutions, LLC and Insurance Canopy, LLC websites. By accessing our websites we assume you accept these terms and conditions within this Agreement. Do not continue to use the websites if you do not agree to take all of the terms and conditions stated within this Agreement.
1. Terminology
The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and all Agreements:
"Client", "You" and "Your" refers to you, the person logging on to this website and compliant with the Company’s terms and conditions.
"The Company", "Ourselves", "We", "Our" and "Us", refers to our Company.
"Party", "Parties", or "Us", refers to both the Client and ourselves.
2. Cookies
We employ the use of cookies. By accessing our website you agreed to use cookies in agreement with our Privacy Policy.
3. Intellectual Property Rights
The website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, images, and graphics 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. The website and its entire contents, features, and functionality (including but not limited to all data, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) 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. Except as expressly provided in this Agreement, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or Marks on our Website without our express written permission. This Agreement does not grant either party any rights, implied or otherwise, to the other party’ content, data or intellectual property.
4. User Comments
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Comments do not reflect the views and opinions of our company, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, our company shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Our company reserves the right to monitor all Comments and to remove any Comments that can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.
You warrant and represent that:
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy;
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
The Comments sill not be used for illegal purposes or harassing or threatening someone
You hereby grant our company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
5. Refund of Premiums
All insurance purchases are final and 100% fully earned. We do not offer or provide refunds for any insurance products purchased from this website. It is your responsibility as the insured to ensure that you are purchasing the correct product and coverages before completing this transaction.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS WEBSITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
If a chargeback is determined to be fraudulent or is made without a legitimate reason, we reserve the right to take legal action and/or report the fraudulent activity to the appropriate authorities. You may be held liable for any damages or expenses incurred as a result of a fraudulent chargeback.
In the event of a chargeback, you agrees to reimburse us for any chargeback fees imposed by our payment processor, as well as any associated costs, including but not limited to legal fees, administrative fees, and other expenses incurred in handling the chargeback.
We reserve the right to suspend or terminate your account and access to our Website if a chargeback is initiated and the dispute is not resolved in our favor.
6. Electronic Signatures
An electronic signature, including but not limited to those executed through Company’s electronic signature platform, constitutes a legally binding agreement between the parties involved, provided that the electronic signature meets the requirements of applicable laws and regulations, including the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA).
By using Company’s electronic signature platform or providing your electronic signature in any form, you acknowledge and agree that:
You have the legal capacity to enter into agreements electronically.
You understand that your electronic signature carries the same legal weight and enforceability as a handwritten signature.
You consent to conducting transactions electronically and receiving documents and notices electronically.
You agree that your electronic signature will be considered valid and binding on you and/or your organization.
You acknowledge that Company may rely on your electronic signature as evidence of your agreement to the terms of any document or transaction.
7. SMS Terms and Conditions
If you choose to opt-on to receive messages from Company you agree to the following terms and conditions:You are opting in to receive SMS messages from Company, you agree to the following terms and conditions:
Message Frequency: By opting into our SMS messages, you agree to receive messages You will receive SMS messages from Company. The frequency of these messages will vary depending on how you interact with our services. Message frequency may vary. at varying frequencies based on your interaction with our services. Message frequency may vary.
Consent: Consent to receive automated marketing text messages is not a condition of any purchase.
Message and Data Rates May Apply: Standard message and data rates from your mobile carrier may apply for SMS messages sent and received. Check with your mobile carrier for details.
Opt-out: You can opt-out of receiving SMS messages from Company at any time by replying with "STOP" to any message. After opting out, you will no longer receive SMS messages from us, except for confirmation of your opt-out request.
Privacy: Your privacy is important to us. We will only use your mobile number for the purpose of sending SMS messages related to Company’s services. We will not share your mobile number with third parties without your consent.
Changes to Terms: Company reserves the right to update or modify these SMS terms and conditions at any time. We will notify you of any changes by sending an SMS message with the updated terms or by other means. Continued use of our SMS services after any changes constitutes acceptance of the updated terms.
Compatibility: SMS messages may not be available on all mobile carriers or devices. Company is not responsible for any limitations or restrictions imposed by your mobile carrier or device.
Limitation of Liability: Company will not be liable for any delays in the receipt of any SMS messages. Delivery is subject to effective transmission from your mobile service provider/network operator. Company is not responsible for incomplete, lost, late, or misdirected SMS messages.
8. Third-Party Interactions
During use of the Company’s website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Company does not endorse any sites on the Internet that are linked through its website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement.
9. Purchase Disclaimer
Your electronic delivery of your coverage, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to require additional information before processing your policy documents. If a purchase appears fraudulent in any way, Company reserves the right to cancel the coverage, notify the card holder and the proper authorities.
10. Representations and Warranties
You hereby represent and warrant that (a) you are at least 18 years of age and have the legal authority as an individual or to bind the company you represent to this Agreement; (b) have the full power and authority to enter into, and perform any obligations under, this Agreement; and (c) the execution, delivery, and performance of this Agreement will not conflict with its charter, bylaws, or any agreement, order or judgment to which the company is bound; and (d) this Agreement constitutes the valid, legal, binding obligation of you or the company you represent and is fully enforceable in according with its terms. By accepting this Agreement, you represent and warrant that the use of this Website or this Agreement does not violate any statute, law, ordinance, common law, or regulation of any federal, state, local or foreign government.
11. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY OR THIRD PARTY CONTENT PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING DEFECTS, DELAYS, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH COMPANY WEBSITES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE COMPANY WEBSITEs, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE COMPANY WEBSITES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, EXCEED $100.00. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
12. Indemnification
Customer will defend, indemnify, and hold harmless the Company, our members, affiliates, directors, officers, employees, attorneys, agents, representatives, suppliers, service providers, licensors, contractors, and successors and assigns (collectively, Indemnified Parties”) from any claims, liabilities, damages, judgments, settlements, awards, interest, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of, or conduct in connection with, the Company Websites, other than as expressly authorized; any breach of any representation, warranty in violation of this Agreement; or your violation of applicable law or regulations. If you are obligated to indemnify any Indemnified Party, the Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle, and if so, on what terms.
13. Term and Termination
Subject to the termination provisions below, the initial term of the Policy will begin upon the Effective Date and will end on the Expiration Date (the “Term”). If you decide not to renew, then you must provide written notice prior to the expiration of the then current Term. Company may terminate the policy with immediate effect upon written notice to Customer, if Customer: (a) fails to pay the required premium(s); (b) has not otherwise performed or complied with any of this Agreement, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. The Company reserves the right to take appropriate legal action, including without limitation all civil, criminal, and injunctive relief. All of these terms will survive any termination of your access to the company websites or this Agreement, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive.
14. Disclaimer of Warranty
Any applications, policy forms, or other documents on this website are for general information only. Customers and policyholders are hereby advised that Company websites does not warrant that forms on the Company website are current forms, represent coverage provided to any insured, or are consistent with any present, future, local, state, or federal statutes, administrative rules, or prevailing case law. The descriptions of insurance coverage are general in nature and are not a replacement for actual policy language. Accordingly, we strongly recommend that you consult your attorney concerning any forms.
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR COMPANY'S INSURANCE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INSURANCE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) THE USE OF THE WEBSITE OR OTHER MATERIALS FOR THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, (F) ERRORS OR DEFECTS WILL BE CORRECTED, OR (G) THE SERVICE OR THE SERVER(S) THAT MAKE THE POLICY AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
15. Coverage Territory
Your policy coverage territory is the United States (its territory and possessions), Puerto Rico, and Canada. There is no liability or business personal property coverage for losses that occur outside the coverage territory. Please refer to your policy for a complete list of exclusions, conditions and definitions.
16. Governing Law and Jurisdiction
All matters relating to the website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without regard to its conflict of law provisions (whether of the State of Utah or any other jurisdiction). Any legal suit, action, or proceeding arising out of or relating to the website and this Agreement shall be instituted in the federal courts located in Utah County or the courts of the State of Utah in each case located in Utah County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
17. General
Any right or remedy of the Company set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable law or in equity. You may not assign or transfer any right to use the website or any Policy, or any of your rights or obligations under this Agreement, without our express prior written consent. We will have no responsibility or liability for any failure or delay in performance of the Website or Policy, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of this website. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
