Terms Of Use

Thank you for your interest in VelaPoint, LLC (“VelaPoint,” “we,” or “us“) and our websites at velapoint.com and velapointmarketplace.com, and our other websites where we post this document as the applicable terms of use, along with any related websites, insurance agent and representative services, and other services provided by us (collectively, our “Service“). These Terms of Use are a legally binding contract between you and VelaPoint regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY SUBMITTING YOUR INFORMATION TO US OR BY OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE OUR PRIVACY POLICY (TOGETHER, THE “TERMS“). If you are not eligible to use our Service or agree to these Terms, or if you do not agree to the Terms, then you do not have our permission to use the Service.

YOU ACKNOWLEDGE THAT:

any and all of the terms and conditions set forth herein may be modified by VelaPoint by publishing the revised/updated Terms of Use to this website, and
the updated terms and conditions shall immediately apply to your subsequent use or access of this website.
VelaPoint may suspend and/or terminate access this website at any time, without prior notice, for any reason or no reason at all.

SERVICE OVERVIEW. VelaPoint provides a service where consumers and businesses can research and shop for various insurance and related products. VelaPoint is not an insurance company. It introduces users to insurance and related products offered by third parties.

DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.

ELECTRONIC COMMUNICATIONS. Text Messaging; Telephone Calls. By providing VelaPoint with a telephone number and other contact information, you agree to receive communications, including via-email and calls (including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf of VelaPoint (or its affiliates, subsidiaries, employees, contractors, agents, or business) at the email address or telephone number you provided, even if that number is on a National or State Do Not Call List. These calls may be for information and marketing purposes, such as to provide you with information about VelaPoint’s services and your insurance options, for assistance with applications, and to provide reminders of deadlines. You are not required to provide your consent to these calls as a condition of any purchase on or through VelaPoint, and you may revoke any consent for marketing messages, phone calls or text messages as described below. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. VelaPoint may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others.
1. OPT-OUT. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL.

PAYMENT. If you provide payment information for purchasing or applying for a product, then you will pay the applicable company that provides such product.

PROHIBITED CONDUCT. BY USING THE SERVICE YOU AGREE NOT TO:
1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
3. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or falsifying your age or date of birth;
6. use data mining, robots, or other data gathering devices on or through the Service;

THIRD-PARTY SERVICES AND LINKED WEBSITES. The VelaPoint website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of VelaPoint and VelaPoint is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VelaPoint is not responsible for webcasting or any other form of transmission received from any Linked Site. VelaPoint is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VelaPoint of the site or any association with its operators.

PRIVACY POLICY. Please read the VelaPoint Privacy Policy (also contained on this website) carefully for information relating to our collection, use, storage and disclosure of your personal information. The VelaPoint Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

OWNERSHIP; PROPRIETARY RIGHTS. The Service is owned and operated by VelaPoint. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by VelaPoint are protected by intellectual property and other laws. All Materials included in the Service are the property of VelaPoint or our third-party licensors. Except as expressly authorized by VelaPoint, you may not make use of the Materials.

DISCLAIMERS; NO WARRANTIES

To the greatest extent permitted by applicable law, VelaPoint hereby disclaimS all warranties or representations, express or implied, including without limitation any implied warranty of merchantability, title, noninfringement or fitness for a particular purpose, and any implied warranties arising out of a course of performance, dealing, or trade usage, as to any and ALL USAGE OF THE WEBSITE.

VELAPOINT MAKES NO REPRESENTATIONS ABOUT THE QUALITY, EFFECTIVENESS, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED VIA THE WEBSITE.

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. VelaPoint may make improvements and/or changes in the website at any time. Advice received via the website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VELAPOINT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VELAPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR IS NEGLIGENT. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY, LIABILITY HEREUNDER IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). IF YOU BELIEVE VELAPOINT SHOULD HAVE GREATER RESPONSIBILITY OR EXPOSURE FOR YOUR USE, THEN YOU SHOULD NOT USE OR ACCESS THE WEBSITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

YOU expressly waive any claim that YOU may have against VELAPOINT based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any PURCHASE and also waives any right to indemnification from VELAPOINT against any such Claim made against YOU by a third party. YOU acknowledge that no employee of VELAPOINT is authorized to make any representation or warranty on behalf of VELAPOINT that is not in this Agreement.

VelaPoint will not be responsible for and no liability shall result to VelaPoint for any delays in delivery or in performance which result from any circumstances beyond VelaPoint’s reasonable control, including, but not limited to, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency.

GOVERNING LAW. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the federal courts in the State of Washington, U.S.A. in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

GENERAL. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, this agreement constitutes the entire agreement between you and VelaPoint with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VelaPoint with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Contact Information. The Service is offered by VelaPoint, LLC. You may contact us by emailing us at CSRs@velapoint.com