Terms of Use
These terms were last updated on December 21, 2020
Please read these terms of use carefully before using this Web Site.
These terms of use (Terms”) describe the terms and conditions applicable to your access and use of this web site (this “Web Site”), which is operated by and on behalf of Capsur “we” “us”.
By using this Web Site, you are accepting and agreeing to these Terms. If you do not agree to all of these Terms, do not use this Web Site. Capsur may modify this Web Site and the rules and regulations governing its access and use, at any time. Any modification will be included in these Terms, so please check back when you use the Web Site. By continuing use of this Web Site after such changes are posted, you will be deemed to have accepted such changes.
Scope of Use
Capsur invites you to view, use and download materials at this Web Site for your informational, non-commercial use, provided that you leave all the copyright notices or other proprietary notices intact. You may not store, modify, reproduce, transmit, distribute, repost, publicly display or otherwise use any content on this Web Site, or the design or layout of this Web Site or individual sections of it, in any form or media except with the express prior written permission of Capsur. The commercial use, reproduction, reposting, public display, transmission or distribution of any information, software, logo or other material available through this Web Site without the prior written consent of Capsur is strictly prohibited.
You understand that Capsur may, at any time, for any reason and without notice, discontinue, change or restrict your use of this Web Site and make changes in the products and/or services described in this Web Site.
Eligibility for Insurance Products and Services
Not all of the products or services described on this Web Site are available in all geographic areas of the United States. You may not be eligible for all of the insurance products or services described in this Web Site. Capsur reserves the right to determine all eligibility for such products or services in its sole discretion.
No Professional Advice
The information available on this Web Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting or other professional advice, and is not tailored to your specific circumstance. You should evaluate all information, opinions and advice available on this Web Site in consultation with your insurance agent.
No Warranties
This Web Site, and any products or services available through this Web Site (collectively, “Materials”) are provided to you on an “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. These Materials include online calculators available through this Web Site. The online calculators are for personal use only and are provided on an AS IS basis; they are based on factors input by the user; actual costs will vary based on choices made by the individual; the results are not intended to serve as a substitute for medical, financial, legal or tax advice; and the online calculators are not part of any health or insurance plan.
CAPSUR DOES NOT ENDORSE NOR MAKE ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS. Capsur makes no representations or warranties that use of the Materials will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any materials you may obtain are free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by Capsur. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for the governing terms. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you if you are a resident of any such state. You may also have other legal rights that vary from state to state.
Limitation of Liability
Your use of the Materials is at your own risk. CAPSUR SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE MATERIALS (EVEN IF CAPSUR OR A CAPSUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEB SITE OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS WEB SITE OR THE MATERIALS. This limitation of liability may be different in connection with specific products and services offered by Capsur. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Copyright
This Web Site is protected by U.S. and foreign copyright laws. Except as expressly provided under “Scope of Use” section above, you may not use, reproduce, modify, transmit, distribute, publicly display or perform this Web Site without Capsur prior written permission.
Visitor Submissions
By providing information or materials to this Web Site (other than personal information subject to Capsur Privacy Policy), you grant to Capsur an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You are prohibited from submitting or transmitting any emails or materials through this Web Site that (A) are racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or offensive subject matter or contains a link to an adult website; (C) solicit personal information from anyone under eighteen (18) years of age; (D) harass or advocate harassment of another person; (E) infringe any third party’s copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (F) include a photograph of another person that you have posted without that person’s consent; (G) promote information, material, or content that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; (H) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”; or (I) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising). Capsur shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in Capsur Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Prohibited Actions
You cannot: (a) decompile, reverse engineer, disassemble, or modify this Web or create derivative works based upon this Web Site or any part thereof; (b) disable any licensing or control features of this Web Site; (c) introduce into this Web Site any virus or other code or routine intended to disrupt or damage this Web Site, or alter, damage or delete any Materials, or retrieve or record information about this Web Site or its users; (d) merge this Web Site or Materials with another program or create derivative works based on this Web Site or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on this Web Site or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to this Web Site to others; (g) use, or allow the use of, this Web Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using this Web Site. Except as expressly provided herein, Capsur reserves all rights with respect to this Web Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Third-Party Services
Certain commercial services, products and discounts may be offered by third parties through this Web Site. Capsur is not and will not be responsible for (i) the terms and conditions of any transaction between you and any such third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, (iii) the quality of such products or the services performed by any such third party or (iv) any other legal liability arising out of or related to the performance of such services or the purchase of such products. Because we are not involved in the actual transaction between you and any such third party, in the event you have a dispute with any such third party, you release Capsur and its affiliates, agents, and employees from any and all claims arising out of or in any way connected with such disputes. If you are a California resident, you waive the California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Links
Capsur offers links to other web sites operated by other entities as a convenience to you. Capsur makes no representation regarding the content or accuracy of any web site that you may access through this one. Capsur does not monitor and is not responsible for the content found on other web sites that are linked from this Web Site. Inclusion of these links on this Web Site does not imply endorsement, recommendation or sponsorship for any linked web site or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) and not Capsur. Capsur reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by Capsur, and may have different terms of use and privacy policies, which Capsur encourages you to review.
If you wish to link to this Web Site, unless otherwise set forth in a written agreement between you and a Capsur company, you must adhere to Capsur’ linking policy as follows: (i) any link to this Web Site must be a text only link, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Capsur’ names and trademarks, (iii) the link must “point” to the URL and not to other pages within this Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Capsur, (v) when selected by a user, the link must display this Web Site on full-screen and not within a “frame” on the linking web site, and (vi) Capsur reserves the right to revoke its consent to the link at any time and in its sole discretion.
Employment Opportunities
Capsur is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Capsur encourages all qualified applicants to apply.
Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing any personal or confidential information.
Password Registration
Some areas of Capsur Web Site are restricted and require a User ID and a password for access. Unauthorized use or access is strictly prohibited. In accessing restricted areas of the Web Site requiring a User ID and password you agree that you are responsible for maintaining the confidentiality of your user name and password. You may not share your password with or transfer your password to any third party. Remember to choose a strong password, including numbers, capital letters, special characters, etc., that is not typically found in a dictionary. You are responsible for all uses of your user name and password, and any and all related charges, whether or not authorized by you. You must immediately notify Capsur of any unauthorized use of your password or user name or any other breach of security. Capsur will not be liable for any loss that you may incur as a result of someone else using your password or user name, either with or without your knowledge. However, you could be held liable for losses incurred by Capsur or another party due to someone else using your user name or password.
Violations and Additional Policies
Capsur reserves the right to seek all remedies available at law and in equity for violations of the Terms for use of this Web Site, including the right to block access from a particular Internet address to this Web Site.
Use of This Web Site by Children
Capsur does not intend to market any products or services to children and does not knowingly collect personal information or make any active effort to collect personal information from children and does not wish to receive such information. Capsur requires that Web Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Indemnification
You agree to defend and indemnify Capsur from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of this Web Site or the Materials in a manner not expressly authorized by these Terms of Use or that violates these Terms of Use, any law, or the rights of a third party.
Disclosures
Comments that reflect an individual’s experience with a Capsur Registered Agent or his/her services should not be relied upon, as such comments may not reflect the experience of all customers.
Any posts that contain inappropriate, abusive, redundant or irrelevant comments may be removed at our discretion.
Capsur does not endorse, nor is responsible for, any content provided in posts or links outside of this website. Links to third-party media, articles and/or websites are for general information purposes only and do not constitute an offer or solicitation of any kind. They are not intended, and should not be relied upon, as investment, insurance or financial advice.
Information Storage Authorization
You authorize Capsur to store any information you provide, including, but not limited to, names, addresses, birth dates, driver’s license numbers, social security numbers, vehicle identification numbers (VINs), Bank Account or Payment Card information.
You certify that you are the owner or authorized signer for any Bank Account or Payment Card you provide, and you authorize the financial institution where any such Bank Account or Payment Card is held to honor any withdrawals or charges you authorize.
Online Account Access
Online services are available on our Web Site as a part of your acceptance of these terms. By agreeing to these terms of use for online services and upon enrollment, you will have the option to receive email regarding your policy and/or billing related documents until: (1) you elect to discontinue this service, (2) you are no longer insured by one of the Capsur insuring entities, or (3) the online services are terminated by Capsur. Capsur reserves the right, at its sole discretion, to modify, add or remove any portion of these Terms of Use related to online services, in whole or in part. If you continue to use the online services thereafter, your continued use of the services is your acceptance of the changes and agreement to be bound by the Terms of Use as amended. If you do not agree to the changes, you agree to discontinue your use of the online services.
Capsur reserves the right, at its sole discretion, to change or discontinue, temporarily or permanently, the online services at any time without notice. You agree that Capsur will not be liable to you or any third party for any modification or discontinuance of the online services.
You may cancel your enrollment in the online services at any time by sending a request via our “Contact Us” form or choosing the personal preference to deactivate. When a specific customer (User ID) is deactivated, Capsur will remove associated payment methods, associated automatic payments, and any associated scheduled payments for the User ID that is deactivated; this includes resetting to paper billing. The payment methods will not be visible; however, they will remain available to Capsur to process refunds. Disclosures regarding storage of payment information for future refunds are included in any Payment Authorization available through the online billing service.
To ensure that Capsur is able to provide high quality services that are responsive to your needs, you agree that Capsur employees may have access to your online account and records as reasonably needed to investigate complaints and to conduct the business of Capsur in providing services for you.
