The terms "Trupoint," "we," "us," or "our" mean Trupoint Underwriters, a Utah Corporation, as well as its subsidiaries including, Insurtech Inc., which does business as TruPoint, Inc dba Trupoint underwriters in Arizona, Arkansas, California, Louisiana, Nevada, New Mexico, Oklahoma, and Texas.
Important Note: IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The terms “Trupoint,” “we,” “us,” or “our” mean Trupoint Underwriters, a Utah Corporation, as well as its subsidiaries including, Insurtech Inc., which does business as TruPoint, Inc dba Trupoint underwriters in Arizona, Arkansas, California, Louisiana, Nevada, New Mexico, Oklahoma, and Texas. The terms “you” and “user” shall mean you, users of our Services, and any entity or organization you or such users shall represent. The term “Services” means, collectively, various websites, applications, widgets, information, email notifications and other mediums, or portions of such mediums, through which you have accessed these Terms of Use.
You agree to be bound by the terms and conditions contained within these Terms of Use, as well as our Privacy Statement and Cookies Policy. Collectively, these form a legally binding agreement between Trupoint and you.
You agree that by accessing the Services through the Trupoint website (“Website”), you have read, understood, and agree to be bound by all of these Terms of Use. These Terms of Use contain dispute resolution requirements, including an agreement to arbitrate all claims and disclaimers of warranties and liability. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services provided in connection with these Terms of Use are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those people who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Website or register for the Services.
By using our Services, you acknowledge that you have read and understand our Privacy Statement. These Terms of Use incorporate this Privacy Statement in full, and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Statement. You also acknowledge receipt of our Cookies Policy, which is also incorporated into our Privacy Statement.
You consent to and agree that Trupoint may collect data and Personal Data from you, as identified in our Privacy Statement - Categories of Information We Collect, even though we may not be able to offer you any available products or services available for purchase. Trupoint currently only sells products or services in a limited number of states and currently only sells limited insurance products. If you voluntarily provide us with any information about yourself or a third party, you agree that Trupoint reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if Trupoint cannot offer you or a third-party products or services for sale at the time you provide us with this information.
By signing up for our Services, you consent to receive all insurance documents - including identification cards - in electronic form only - to an email address you provide.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You may not use a username which purports to represent or impersonate a person other than yourself. You further agree to notify us immediately, at start@trupointco.com if you become aware of any unauthorized use involving your username and password.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof).
You are responsible for: (1) making all arrangements necessary for you to have access to the Website; and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
Our Services, as well as their underlying processes, related content, and generated data, may only be used for your personal, informational, and non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without Trupoint's express written consent. Your use of Trupoint Services is not transferable by you to any other person or entity. Your access and use of our Services may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.
You are responsible for anything you transmit to or through Trupoint's website or to Trupoint through email, short message service, voice calls, or online review websites. You are representing that your transmissions to Trupoint will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities we deem prohibited at our discretion. These prohibited activities include without limitation:
We reserve the right, but have no obligation to, monitor our Services for your or third party violations of these Terms of Use, take appropriate legal action against anyone who violates these Terms of Use, refuse or restrict access to or availability of any user`s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of Trupoint and its customers.
We may restrict, suspend, or terminate your use of or access to our Services in the event that you violate these Terms of Use and, at our sole discretion, as permitted by law. We may change the content or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.
Trupoint makes no representations or warranties about the suitability of the content of its website for any purpose. Trupoint provides all content of its website on an “as is” and an “as available” bases without any warranty of any kind.
Trupoint makes no warranty of any kind whatsoever - express or implied - with respect to the contents of its Services. TRUPOINT HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. You expressly agree that your use of our Services is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability, and completeness of ANY Services. We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees - express or implied - regarding quotes or offers provided on or through our Services. As such, we expressly disclaim all liability for any content, products, or services furnished from such service providers. We further make no representations, guarantees, or warranties that our Services are appropriate or available for use in jurisdictions outside of the United States of America. If you access or otherwise use our Services from these jurisdictions, you do so of your own volition and risk, and are solely responsible for compliance with local and international law.
Trupoint will not be held liable to anyone for any liability arising out of, or in any way relating to, any damages, loss, or claim whatsoever, no matter how occasioned, in connection with or arising out of access to or use of the contents of its Services. In no event shall Trupoint be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, without regard to the form of any action, including, but not limited to, contract or negligence or other tortious actions, arising out of or in connection with the use, reproduction, or display of the content.
Trupoint makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by insurers or other third parties through Trupoint's Services. Trupoint believes the content provided through its Services to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise and, therefore, Trupoint does not warrant that its content is accurate, complete, and current. Content that Trupoint provides through its Services is meant to assist you with insurance and financial decisions. However, such information merely constitutes a general description of insurance coverage potentially available.
Any coverage provided to you by Trupoint or any insurance company or other third party is subject to that party's terms, conditions, exclusions, and underwriting practices. Any coverage recommendations made by Trupoint are based solely on a defined set of information provided by you and are limited to the products and coverages that Trupoint offers. You acknowledge and agree that such recommendations may omit coverage that may be necessary or advisable for you and such recommendations may differ from recommendations that you might receive were you to seek advice specific to your individual circumstances. You must submit a complete application to obtain coverage. Issuance of insurance coverage is dependent on underwriting approval; availability and coverage may vary by state. You must verify information Trupoint provides through its Services before relying on that information in whole or in part. We also recommend that you obtain additional information and advice from your accountant, attorney, and other advisors that can take your individual circumstances into account.
The insurance policy or other product or service you purchase from entities other than Trupoint forms the exclusive contract between you and the insurer or other third party, and you agree to not rely on the general information or descriptions of coverage made available through Trupoint's Services.
Our Service may provide you with offers or quotes with a third-party provider of goods or services. However, you agree that we make no guarantee that all users will be provided with such a quote, and that some of these services may only be available to United States residents and corporations or only available in a portion of states.
Trupoint may receive fees or commissions from insurers or other third parties with respect to certain transactions made in connection with our Services. Nevertheless, you acknowledge that we are not responsible for any fee arrangement or the terms of any agreement you may enter into with a provider of a product or service through our Services. You hereby release Trupoint of any loss, cost, damages, or claim in connection with or arising from your use of a service or product, including any fees charged.
By using our Services you represent and warrant to us that:
If any of the above statements are not true, you should not and are not authorized to use our Services.
By using our Services, you agree to indemnify, defend, and hold harmless Trupoint, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, licensors, successors, and assigns against any claim, cost, fine, damages, including attorneys' fees, arising from or related to your use of our Services and/or any violation by your of these Terms of Use.
For your protection Arizona law requires the following statement to appear on this form: Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Workers Compensation: Any person or entity who willfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who willfully and knowingly employs any device, scheme or artifice, for the purpose of obtaining any benefit or payment, defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment, or obtaining or avoiding workers compensation coverage or avoiding payment of the proper insurance premium, or who aids and abets for any of said purposes, under this chapter will be guilty of a Class D felony.
For your protection, California law requires the following to appear on this form: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Workers Compensation: Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers compensation benefits or payments is guilty of a felony.
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
Workers Compensation: Failure to answer truthfully may result in forfeiture of workers compensation benefits.
Any person who misrepresents or falsifies essential information requested on this form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both. The failure to provide any of the statements required by this section is not a defense in a prosecution for insurance fraud.
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.
WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete, or misleading information is guilty of a felony.
Workers Compensation Warning: Any person or entity who makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who employs any device, scheme, or artifice, or who aids and abets any person for the purpose of: 1. obtaining any benefit or payment, 2. increasing any claim for benefit or payment, or 3. obtaining workers' compensation coverage under this act, shall be guilty of a felony punishable pursuant to Section 1663 of Title 21 of the Oklahoma Statutes.
Workers Compensation: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
Access to and use of many aspects of our Services are free. You may choose to purchase products or services from us while using our Services, which may result in charges and fees to you. We will inform you in advance of any such charge or fee. By submitting payment information for an accepted method of payment (“Payment Method”) through our Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes to your Payment Method. You will not be entitled to any refund of charges, fees, or taxes except as expressly provided herein, or as required under applicable law.
Premium Audit: (a) We will compute all insurance premiums for an insurance policy in accordance with our rules and rates in effect at the time; (b) The premium displayed on our website is a deposit premium for the policy period. We reserve the right to review the details of your business at the end of your policy period. If your business has changed since you applied, we reserve the right to adjust your previous year's premium up or down accordingly. This means we may refund you for excess premium paid, or that we may bill you for an increased rate to cover the increased risk of your business if such changes have occurred; and (c) The Named Insured on a policy must keep records of the information we need for premium computation (generally, the information required in an application), and send us copies if requested.
You may choose to use a credit card, debit card, ACH or EFT as a “Payment Method” to pay for charges, fees, and taxes in connection with our Services. Should you choose to do so, you warrant that you are authorized to use such Payment Method for this purpose. Should you use a Payment Method without authorization, in whole or in part, you will remain responsible for any outstanding balance, and we may alert the appropriate authorities of your misuse.
Policy coverage is annual. You may choose to pay in installments or annually. By choosing to pay in installments and providing or designating a Payment Method, you authorize us to charge you for each payment at the installment rate, and any other charges you may incur in connection with our Services, such as taxes and fees, to your Payment Method. You acknowledge that the amount billed for each installment may vary from period to period for reasons that may include differing amounts due to changing or adding products or services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges. We will automatically bill your Payment Method for each installment on the calendar day corresponding to the date of your first payment. We reserve the right to change the timing of our billing as indicated below, if your Payment Method has not successfully settled. In the event your first payment occurs on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if your first payment was on January 31st, your Trupoint payment date is likely to be February 28th, and your Payment Method would be billed on that date. We may authorize your Payment Method in anticipation of product or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, “period” refers to your billing cycle. You further agree and consent to Trupoint continuing to debit the same payment instrument upon renewal or similar event, if applicable.
You may edit your Payment Method information by logging in online or calling our customer support. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not log in or call to edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. Trupoint reserves the right to retry payment on your payment device on file until the amount owed is settled or you cancel your Trupoint account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Your premium payment does not bind coverage until the insurance carrier approves your application. In the event that the insurance carrier does not approve your application, your premium payment will be refunded.
You may cancel your policy at any time by logging in online or calling our customer support. If you cancel your policy, we will stop your installment payments and will not charge your Payment Method.
You will not be charged any interest, finance fee, late payment fee, or other type of finance charge. You agree that if you do not make a scheduled payment when due, we have the right to request cancellation of your insurance policy or policies. To avoid cancellation of your policy or policies, please be sure to make your installment insurance premium payments on time.
Trupoint and its partner brokerages, risk management, underwriting services, and other consultants may directly or indirectly receive commissions, fees, or interest as compensation for their services or products, or for holding capital. If you have any questions regarding the nature or amount of the compensation paid to Trupoint or its partners, we encourage you to contact us.
Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, scripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the United States and other countries. You may not use our Proprietary Marks without our express and written permission. Trupoint makes no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services as such rights related to these names, trademarks, or service marks belong to their respective owners.
Any information, advice, data, software, or other content, which may be contained in or downloaded from our Services (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.
You are solely liable for any damages arising from your infringement of our or any third-party intellectual property rights with respect to the Trademarks, Content, Collective Work, or Software. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Use.
These Terms of Use are between you and Trupoint, and no provision within these Terms of Use confers any implied or express right in any third party. These Terms of Use do not provide you with any authority to bind Trupoint in any way.
You may not transfer, assign, or license your rights under these Terms of Use without our prior express and written consent.
Our Services are intended for use for those areas in the United States where we, our affiliates, our partner insurers, our brokers, or our agents are licensed and permitted to sell our products and services. Although our Services may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.
Our Services are not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access our Services. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.
You agree that these Terms of Use (and incorporated Privacy Statement and Cookies Policy) are governed and interpreted by the laws of the State of California without regard to principles of conflicts of law. By using our Services, you agree to personal and exclusive jurisdiction of the state and federal courts of California to resolve any dispute arising from your use of the Services, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
(a) Arbitration AgreementIf the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally resolved by binding arbitration following the parties' best efforts to settle such dispute, claim, question, or disagreement. If a binding arbitration occurs, it shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and its procedures for consumer disputes, except for any rules or procedures permitting class actions or otherwise contradictory to these Terms of Use. An arbitrator shall wield exclusive authority to resolve all disputes, including whether this or any other provision contained in these Terms of Use is void or voidable. The arbitrator's award shall be binding and entered as a judgment in any court of competent jurisdiction and in accordance with the Governing Law and Jurisdiction clause of these Terms of Use.
(b) Waiver of Class RemediesThe parties agree that any arbitration shall be conducted only in their individual capacities, and the parties expressly forego the right or option to file or join a class action or other representative action. Should any court or arbitrator determine that the class action waiver set forth in this section is void or otherwise unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate any dispute.
(c) Exception: Litigation of Small Claims Court ClaimsNotwithstanding the parties' decision to resolve all disputes through arbitration, relief may also be sought in a small claims court for disputes or claims within that court's jurisdiction—subject to the Governing Law and Jurisdiction clause of these Terms of Use.
(d) Thirty Day Right to Optout
You have the right to opt out and not be bound by the arbitration agreement and class action provisions of this section by sending written notice of your decision to opt out to the following address: [Trupoint's Address]. Such notice must be sent within thirty (30) days of registering to use our Services, or else you shall be bound to arbitrate disputes in accordance with these Terms of Use. Any such optout shall be mutual. We reserve the right to terminate your use of our Services should you opt out.
These Terms of Use may not be modified through oral agreement or statements. The individual employees of Trupoint, Trupoint's partners, and Trupoint's third party affiliates are not authorized to modify these Terms of Use except by the mechanism stated herein. Any employee offering to modify these Terms of Use is not acting as an agent of Trupoint or with proper authority to bind Trupoint. You agree not to rely on any statement, written or oral, by any employee or agent of Trupoint or any third party with respect to modification or interpretation of these Terms of Use.
In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals. Under no circumstance will your submission of information obligate Trupoint to pay you compensation.
You may provide your information as part of an attempted or completed request for a quote or offer for goods and services of a third-party vendor. In doing so, you agree to allow Trupoint to use this information in any way consistent with these Terms of Use, our Privacy Statement, and our Cookie Policy. When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if your phone number is on any “do not call” list.
Severability Except as otherwise provided herein, in the event that any provision contained within these Terms of Use shall be deemed to be unenforceable, invalid, or ambiguous, such provision shall be limited or discarded to the minimum extent necessary so that the remaining provisions of these Terms of Use remain in full force and enforceable. Non-waiver Neither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein. Force majeure Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated usual means of supplies, wrecks, epidemics, pandemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party's reasonable control. Entire agreement These Terms of Use and any policies or notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to our Services. Notification of changes At its discretion, Trupoint may amend these Terms of Use from time to time. We will post any such material changes to our website along with a notice indicating that the Terms of Use have changed at least thirty (30) days prior to the effective date of these changes, when practicable. Should we materially change these Terms of Use, you may cancel your account with us by contacting us in accordance with the Contact Trupoint provision of these Terms of Use before the effective date of the modified Terms of Use. You will not be bound by the updated Terms of Use if you cancel your account within this time period. Notice In the event Trupoint may choose or become obligated to provide you with notices under or related to these Terms of Use, you consent to receive such notices or related communications by Trupoint posting them on its website, by sending them to you via an email address you provided, or by sending them to a postal address you provided, at our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.
Contact Trupoint If you have any questions about these Terms of Use or wish to notify us in relation to your use of our Services, you may contact Trupoint by email atstart@trupointco.comor by postal mail at: Trupoint, 4778 n 300 w suite #150 Provo Ut 84604.