Insurity Payments LLC Terms of Use

‍PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE INSURITY PAYMENTS SERVICES (HEREINAFTER DEFINED) YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY MODIFIED VERSION OF THESE TERMS, YOU SHOULD NOT USE THE INSURITY PAYMENTS SERVICES.

IF INSURITY PAYMENTS, IN ITS SOLE DISCRETION, DETERMINES YOU ARE USING THE INSURITY PAYMENTS SERVICES IN VIOLATION OF THESE TERMS, YOUR USE OF THE INSURITY PAYMENTS SERVICES MAY BE SUSPENDED OR TERMINATED (AS DETAILED HEREIN).

I. OVERVIEW

A. These Terms of Use ("Insurity Payments Terms"), which may be amended from time to time, are a binding legal agreement between you and Insurity Payments LLC ("Insurity Payments") that govern the Insurity Payments Services (hereinafter defined) conducted through or in connection with the Insurity software. When these Insurity Payments Terms mention "Insurity Payments", "we", "us", or "our", it refers to Insurity Payments, the company that you are contracting with for Insurity Payments Services. Customers utilizing the Insurity Payments Services shall be referred to collectively herein as "Users."

B. The Insurity Software Terms of Use separately govern your use of the Insurity software and website. In addition, when using the Insurity Payments Services, you will be subject to additional applicable policies including without limitation, the Privacy Policy and other disclosures made available on our website located at https://insurity.com/. All such terms are hereby incorporated by reference into these Insurity Payments Terms; provided, however, these Insurity Payments Terms will take precedence in the event of conflict. We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.

C. In order to use the Insurity Payments Services, you must reside in the United States, be at least 18 years old, be in good standing in accordance with the se Insurity Payments Terms. You must fully comply with all Applicable Law, the Insurity Payments Terms, and the other terms and conditions referenced herein. "Applicable Law" means all federal, state, and local laws, statutes, regulations, rules, orders, supervisory requirements, directives, circulars, opinions, interpretive letters, and other official releases by a regulatory authority or competent court, or any other applicable regulations or operating rules applicable to Insurity Payments or its Users, as the case may be, or the Insurity Payments Services.

II. ACCESS AND USE OF THE INSURITY PAYMENTS SERVICES

A. Insurity Payments Services.

Insurity Payments enables Insurity Payments' insurance carrier and managing general agent customers (each, a " Customer") to collect premiums payments ("Insurance Payments ") from their policy holder Users and disburse payments associated with inbound policy premiums to the payee (each, a " Payee") (such services, the " Insurity Payments Services"). Each User may make Insurance Payments via ACH, credit or debit cards, check, wire, and other payment methods accepted by Insurity Payments' processing partners (each, a "Payment Method"). Each User may make these Insurance Payments through the Insurity software manually at the time they are due to the Payee or enable automatic payments through the Insurity Payments Platform (as detailed below) (each, a "Recurring Payment").

B. User Verification.

You will provide us with true, accurate, and complete evidence of any identity document, details requested to verify ownership of your Payment Method (hereinafter defined), or any other information we may request to determine your eligibility to use the Insurity Payments Services. Further, you authorize Insurity Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide.

C. Data Retention.

You acknowledge and agree that Insurity Payments may collect, use, retain, and disclose your personal information to third parties, in accordance with Applicable Law and Insurity Payments' Privacy Policy.

D. Third Party Processors.

Insurity Payments may use third-party payment processing partners (each, a "Payment Processor") to process payments from Customers to Payees. You acknowledge and agree that the use of Payment Processors is integral to the Insurity Payments Services and that we exchange information with Payment Processors in order to facilitate the provision of the Insurity Payments Services and comply with Applicable Law. Your Payment Method may be subject to additional terms of use, which you should review before using such method. We have no liability to you for any damages you may suffer as a result of such third party's actions or inactions or from inaccurate account information. Notwithstanding the foregoing, Insurity Payments will take the necessary steps to rectify any payment processing errors that we become aware of as described herein.

E. Transaction and Processing Fees.

Insurity Payments may charge fees for use of certain Insurity Payments Services, and any applicable fees will be disclosed to you via the Insurity Payments Platform (hereinafter referred to as "Transaction Fees"). Our Transaction Fees will be presented to you before you confirm a Transaction.

F. Agreement to Provide Accurate Information.

When you provide information to Insurity Payments in connection with the Insurity Payments Services, you agree to provide only true, accurate, current, and complete information about yourself. You further agree to keep your information up to date and accurate. Insurity Payments is not responsibility for delays and errors in the provision of the Insurity Payments Services resulting from your failure to comply with this section.

G. Modifications.

Insurity Payments reserves the right to modify, suspend or discontinue, temporarily or permanently, the Insurity Payments Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third-party for any claims, damages, costs, or losses resulting therefrom.

III. PAYMENT TERMS

A. Adding a Payment Method.

In order to make payments to a Payee, you must add a Payment Method. When you add a Payment Method, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Insurity Payments or its Payment Processor. You authorize Insurity Payments and its Payment Processor to collect, verify, and securely store your Payment Method information. Insurity Payments may also share your information with governmental authorities as required to comply with Applicable Law. Insurity Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. We will, however, make reasonable efforts to recover the funds.

B. Payment Method Verification.

When you add or use a new Payment Method, you may save that Payment Method so it can be used for a future transaction. You can remove the Payment Method as long as it is not associated with an active or future Insurity Payments Services.

C. Payment Authorization.

You authorize Insurity Payments to collect from you amounts due pursuant to these Payment Terms, including to complete your Insurance Payment or to correct any error by either (i) charging the Payment Method associated with the relevant Insurance Payment, including any applicable taxes and negative balances accrued from disputes received and refunds in connection with your Insurance Payment (the " Insurance Amount"), or any other Payment Method on file that you authorize in your Insurity Account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future payout to your Payee.

D. Timing of Payment.

The Insurance Amount will be displayed on the Insurity software before you are asked to confirm your Insurance Payment. Insurity Payments generally charges the Insurance Amount at the time of your Insurance Payment. However, Insurity Payments may offer alternative options for the timing and manner of payment. Additional terms and conditions or fees may apply for the use of an alternative payment option. Once the payment for your Insurance Payment is successfully completed, you will receive a receipt. The exact amount received by the Payee may be subject to Transaction Fees or taxes, or to fees imposed by your or the Payee's bank, over which Insurity Payments has no control.

E. Payment Restrictions.

Insurity Payments reserves the right to decline or limit payments that we believe, in our sole discretion: (i) may violate Insurity Payments' risk management policies or procedures; (ii) may violate these Insurity Payments Terms or any other applicable Insurity terms; (iii) are unauthorized, fraudulent or illegal; (iv) expose you , Insurity Payments, or others to risks unacceptable to Insurity Payments; (v) may violate Applicable Law; or (vi) may be necessary to comply with instructions or requests of bank partners, law enforcement, governmental agencies, government officials or other authorities. You understand and agree that Payment Processors may also decline or limit payments, in accordance with the terms of use associated with such Payment Method. By accepting these Insurity Payments Terms you agree that you are assuming the responsibilities of an originator bound by the Nacha rules which may be found online at https://www.nachaoperatingrulesonline.org, as applicable.

F. Your Payment Method, Your Responsibility.

Insurity Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

G. Pre-Authorized Recurring Insurance Payments.

As reflected above, Insurity Payments permits Users to authorize automatic Recurring Insurance Payments on their designated Payment Method through the Insurity software.

1. Consumer Liability.

You must inform Insurity Payments at once at support@insuritypayments.com or 877-387-7272 if you believe your credit or debit card (or other Payment Method) through which such Recurring Insurance Payment is made has been lost or stolen, or if you believe a Recurring Insurance Payment has been made without your permission. If you tell us within two (2) business days after you learn of the loss or theft of your credit or debit card (or other Payment Method), you can lose no more than $50 if someone used your credit or debit card (or other Payment Method) without your permission. If you do NOT inform Insurity Payments within two (2) business days after you learn of the loss or theft of your credit or debit card (or other Payment Method), and we can prove we could have stopped someone from using your credit or debit card (or other Payment Method) if you had told us, you could lose as much as $500. Also, if your receipt shows transfers that you did not make, including those made by credit or debit card (or by another Payment Method), inform us at once. If you do not inform us within sixty (60) days after the receipt was received by you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had informed us in time. If you have a reasonable explanation for not timely informing us, we may extend the time period.

2. Right to Stop Recurring Insurance Payments.

If you have told us in advance to make Recurring Insurance Payments from your chosen Payment Method, you can stop any of these payments. In order to stop payment of a Recurring Insurance Payment, you must notify Insurity Payments at support@insuritypayments.com or 877-387-7272 within three (3) business days before the scheduled date of the Recurring Insurance Payment. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. Insurity Payments will not charge you any fees for stop payment orders you give.

3. Notice of Varying Amounts.

If a Recurring Insurance Payment may vary in amount, you will be notified at least ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

4. Insurity Payments Liability.

If we do not complete a Recurring Insurance Payment on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (i) if, through no fault of ours, you do not have enough money in your chosen Payment Method to make the transfer ; (ii) if the transfer would go over the credit limit on your overdraft line for your Payment Method ; or (iii) if circumstances beyond our control prevent the transfer, despite reasonable precautions that we have taken.]

H. Disputes.

Insurity maintains a customer service team to support Users with any queries regarding the Insurity Payments Services, including situations that may lead to a dispute, such as a technical error, unauthorized charge, or misuse. Our customer service team can be reached at 877-387-7272 or support@insuritypayments.com. For inquiries regarding your insurance policy or other agreement with the Payee, please contact your carrier directly.

I. Refunds.

1. Any refunds due to a User pursuant to the Payment Terms will be initiated by a Insurity Payments customer service representative or the Payee through the Insurity Payments Platform in accordance with these Payment Terms. Refunds will typically be credited back by default to the Payment Method used to fund the Insurance Payment. In some cases, Insurity Payments may mail a physical check to the User or initiate an ACH credit to the User's designated account. For the avoidance of doubt, Insurity Payments is not liable to you or to any third-party for any claims, damages, costs, losses, or other consequences caused by the issuance of refunds, including, but not limited to transaction or overdraft fees.
2. In order to request a refund, you must contact us in writing (including by email) or by telephone at 877-387-7272 within one (1) day of the Insurance Payment. When you contact us, you must provide your full name, address, email address, and phone number, together with the information of your Payee, date of your Insurance Payment, Insurance Amount, and the reason for your refund request. As long as the Insurance Amount has not been deposited into an account of your Payee, we will refund you for the Insurance Amount, including any Transaction Fees within three (3) business days of your request.
3. Insurity Payments will refund your Insurance Payment if required by Applicable Law. However, Insurity Payments may refuse your request for a refund if we can show that: (i) you have acted fraudulently; (ii) you intentionally or with gross negligence did not take all reasonable steps to keep your log in details or other security credentials secret; (iii) the Payee received the money into their account into their account; or (iv) such refund may violate Applicable Law.

IV. GENERAL TERMS

A. Misuse of the Insurity Payments Services.

By using the Insurity Payments Services, you agree that:

1. You will not engage in any activities related to the Insurity Payments Services that violate any Applicable Law, statute, regulation, or ordinance or breach of these Insurity Payments Terms or any other agreement you have with Insurity;
2. You may only use the Insurity Payments Services to make an Insurance Payment to a Payee;
3. You will not provide false, inaccurate, or misleading information;
4. You will not provide information belonging to any person other than yourself or use a n account that belongs to another person for yourself or on behalf of another person;
5. You will not use the Insurity Payments Services to purchase illegal items or conduct any illegal activities or transactions or a good or service deemed unacceptable by Insurity Payments or its bank partner(s), in their sole discretion;
6. You will not use any device, software, routine, file or other tool or technology, intended to damage or interfere with the Insurity Payments Services or to surreptitiously intercept or expropriate any system, data, or personal information from the Insurity Payments Services; and
7. You will not commit unauthorized use of Insurity website and systems, including but not limited to unauthorized entry into Insurity Payments' systems, misuse of passwords, or misuse of any information posted to the Insurity website.

B. Error Resolution.

If there is an "Error," as such term is defined in 12 C.F.R. § 1005.11(a), associated with a payment made pursuant to these Insurity Payments Services, then the following procedures for resolving such an Error will apply.

1. If you think there has been an Error, you must contact us within sixty (60) days of the date we promised to you that funds would be sent to the Payee (the "Notice Period"). When contacting us, please provide your full name, address, and phone number, the amount of the Error (and why you believe it is an Error), and the name of the Payee (and if you know it, the Payee's telephone number or address). If you inform us of the Error after the Notice Period has expired, we may extend the Notice Period by a reasonable time if it is determined that the delay resulted from your initial attempt to notify your respective financial institution of the Error.
2. While we determine whether an Error occurred within ten (10) business days after you contact us, and we will correct any Error promptly after receiving your instructions regarding the appropriate remedy. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Payment Method within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
3. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no Error, we will email you a written explanation. You may ask for copies of any documents we used in our investigation.

C. Third Party Services.

These Insurity Payments Services may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services are subject to different terms of service and privacy policies, and Users should review them. Insurity Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Insurity Payments of those Third-Party Services.

D. Indemnity & Release.

You agree to release, indemnify on demand and hold Insurity Payments and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Insurity Payments Services, your violation of these Insurity Payments Terms or your violation of any rights of another. You agree that Insurity Payments has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Insurity Payments for the costs of its defense (including but not limited to attorney's fees). If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

E. Disclaimers.

Your use of the Insurity Payments Services is at your sole risk. The Insurity Payments Services are provided on an "as is" and "as available" basis. Insurity Payments and its affiliates expressly disclaim and exclude, to the fullest extent permitted by Applicable Law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non - infringement. Insurity Payments and its affiliates make no warranty or condition that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Insurity Payments Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations , (v) the content made available through the Insurity Payments Services will be accurate, reliable, or complete, or about (vi) the content, reliability, or availability of the Insurity Payments Services or for any breach of security associated with the transmission of sensitive information through the Insurity Payments Services.

F. Limitation of Liability.

You expressly understand and agree that, to the fullest extent permitted by Applicable Law, neither Insurity Payments nor its affiliates will be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, (c) damages for loss of goodwill, (d) damages for loss of use, (e) loss or corruption of data, or (f) other tangible or intangible losses (even if Insurity Payments has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from (i) the use or the inability to use the Insurity Payments Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Insurity Payments Services; (iii) unauthorized access to or alteration of your transmissions or data; ( (iv) statements or conduct of any third party on the Insurity Payments Services; (v) account holds, change in use of funds by a Payee; or (vi) any other matter relating to the Insurity Payments Services. Except for our obligation to pay amounts to Payees pursuant to these Insurity Payments Terms, to the fullest extent permitted by Applicable Law, in no event will Insurity Payments' total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action arising out of or in connection with the Insurity Payments Services exceed the amount of Transaction Fees you have paid Insurity Payments in the last six (6) months, or, if greater, one thousand dollars ($1,000).] Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with these Insurity Payments Terms, your sole and exclusive remedy is to discontinue use of the services.

G. Dispute Resolution.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE INSURITY PAYMENTS TERMS BY USING THE INSURITY PAYMENTS SERVICES. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE INSURITY PAYMENTS TERMS, YOUR USE OF THE INSURITY PAYMENTS SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. Notwithstanding the foregoing, nothing in these Insurity Payments Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action i s available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
2. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (" AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Insurity Payments Terms. The AAA Rules and filing forms are available online at www.adr.org.
3. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Our current address for Notice is: 120 Huyshope Ave., Ste. 300, Hartford, CT 06106. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren't successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
4. If you commence arbitration in accordance with these Insurity Payments Terms, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
5. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
6. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
7. If this section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Insurity Payments Terms.
8. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
9. You and Insurity Payments acknowledge and agree that the following disputes are not subject to the provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Insurity Payments' intellectual property rights; and (2) any claim for injunctive relief.]

H. Insurity Payments Is Not Party To Any Insurance Transactions.

The Insurity software serves as a platform for Users to make Insurance Payments to Payees pursuant to the Insurity Payments Services. Insurity Payments is not a party to Users' insurance contracts . Insurity Payments is not a party to any transactions between Users and Payees other than providing the Insurity Payments Services. You acknowledge and agree that Insurity Payments' sole role in your relationship with the Payee (hereinafter defined) is in processing your payment to the Payee. Your insurance carrier, broker, and/or agent govern all coverage and underwriting decisions. Your insurance carrier may have the right to cancel your insurance policy effective at inception (as if the policy never existed) should payment not ever be received and deposited for the written policy. Insurity Payments is not responsible for a violation of any contractual obligations you may have with the Payee.

IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PAYEE, YOU RELEASE INSURITY PAYMENTS FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

I. Termination.

You agree that Insurity Payments, in its sole discretion, may suspend or terminate your access to the Insurity Payments Services at any time and for any reason, with or without notice, and without any liability to you or to any third-party for any claims, damages, costs or losses resulting therefrom.

J. Enforceability and Entire Agreement.

The failure of Insurity Payments to exercise or enforce any right or provision of these Insurity Payments Terms do not constitute a waiver of such right or provision. These Insurity Payments Terms constitute the entire agreement between you and Insurity Payments and govern your use of the Insurity Payments Services, superseding any prior agreements between you and Insurity Payments with respect to the Insurity Payments Services. To the extent that anything in or associated with the Insurity Payments Services is in conflict or inconsistent with these Insurity Payments Terms , these Insurity Payments Terms shall take precedence. These Insurity Payments Terms cannot be changed or modified by you except as posted on the Insurity Payments Services by Insurity Payments. You also may be subject to additional terms that may apply when you use affiliate or third-party services, third-party content or third-party software. If any provision of these Insurity Payments Terms is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced.

K. Intellectual Property.

All content, design, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Insurity Payments Services are protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) and are owned by Insurity Payments or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Insurity Payments Services, unless expressly permitted in these Insurity Payments Terms , is strictly prohibited. Use of the Insurity Payments Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. The posting of information or materials on the Insurity Payments Services does not constitute a waiver of any right in such information and materials.

L. Governing Law.

These Insurity Payments Terms will be governed by the laws of the State of Delaware regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Insurity Payments agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware .

M. Waiver.

The failure of Insurity Payments to exercise or enforce any right or provision of these Insurity Payments Terms will not constitute a waiver of such right or provision. If any provision of these Insurity Payments Terms is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Insurity Payments Terms remain in full force and effect.

N. Assignment.

You may not assign these Insurity Payments Terms without the prior written consent of Insurity Payments, but Insurity Payments may assign or transfer these Insurity Payments Terms, in whole or in part, without restriction.

O. Changes in Terms.

We reserve the right, at our sole discretion, to change or modify portions of these Insurity Payments Terms at any time and without notice. When we do this, we will post the revised Insurity Payments Terms on this page and will indicate the date of such revision. Your continued use of the Insurity Payments Services after the date of any such changes constitutes your acceptance of the new Insurity Payments Terms. To the extent allowed by law, the English version of these Insurity Payments Terms is binding, and other translations are for convenience only. If you do not wish to accept the new Insurity Payments Terms, you may discontinue your use of the Insurity Payments Services.

P. Force Majeure.

Insurity Payments shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.

Q. Statute of Limitations.

You and Insurity Payments both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Insurity Payments Services or these Insurity Payments Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

R. No Third-Party Beneficiaries.

These Insurity Payments Terms is between you and Insurity Payments. No user has any rights to force Insurity Payments to enforce any rights it may have against you or any other user.