By accessing and using this website, you are accepting and agreeing to be bound by and comply with these Terms and Condition of Use (hereafter, “Terms”). These Terms may be changed periodically without prior notice. Amended Terms shall automatically become effective when they are posted.

The words “you” and “yours” refer to any authorized user of this website. The words “we,” “our,” or “us” refer to TWIA. These Terms apply to notices that we are legally required to provide to you and any other communication that we send you in connection with any or all services associated with this website.

Please read this Terms and Conditions document carefully as it contains important information. These Terms cover all documents, information and services accessible, (now and in the future) through this website.

Severability

In the event that any one or more of the provisions of these Terms or any word, phrase, clause, sentence, or other portion thereof shall be deemed to be illegal or unenforceable for any reason, such provision or portion thereof shall be modified or deleted in such manner so as to make these Terms, as so modified, legal and enforceable to the fullest extent permitted under law.

Public Information

Notwithstanding any provision herein to the contrary, the parties hereby acknowledge and agree that TWIA is subject to the Texas Public Information Act, Tex. Gov’t Code §552.001 et seq. (“Public Information Act”) and Attorney General Opinions issued under that statute and must comply with the provisions of Texas law including the Public Information Act.

Privacy/Treatment of Information or Data Submitted to Us

Personal information submitted to us will be treated in accordance with our Privacy Policy, accessible on the TWIA website.

Communications You Will Receive

You understand and agree that we will provide to you in electronic format—either through this website or through email—agreements, disclosures, notices, and other information and communications regarding policies identified for offers as part of the depopulation process as well as the use of any website services.

System Requirements

While you may be able to access and use the system using any browser, for optimal performance on the TWIA depopulation website, you should use the most up-to-date version of one of the following browsers: Google Chrome, Mozilla Firefox, Safari, Opera, Microsoft Edge, or Internet Explorer.

Updating Your Contact Information

It is your responsibility to provide us with a true, accurate email address or other contact information, and to maintain and promptly update this contact information when it changes. If you do not update your contact information, you may not receive information from us in a timely manner. We will not be liable to you for your failure to update your contact information in our records. To update your information:

• Contact us by sending an email to agentservices@twia.org, or by calling (800) 788-8247.

Retain Copies for Your Records

We recommend that you print or download a copy of these Terms, the Privacy Policy, and all other communications to retain for your permanent records.

Information Security

You agree to maintain the confidentiality of any passwords, codes, digital certificates, security devices and related instructions for use of this website. You agree to securely maintain the confidentiality of any customer information obtained via this website.

TWIA may, in its reasonable discretion, terminate access of any user to the System. TWIA shall rely on all information and data provided to it via the System and shall have no responsibility or liability for the inaccuracy or invalidity thereof.

Governing Laws

The laws of Texas and the federal laws of the United States of America shall govern as to the interpretation, validity and effect of these Terms and any use of this website. The courts of Travis County, Texas shall have exclusive jurisdiction in any action or proceeding instituted under or related to these Terms or your use of the website.

If you take legal action relating to these Terms or arising out of or relating to your use of this website, you agree to file such action only in Travis County, Texas and you consent to submit to the personal jurisdiction of the state and federal courts of Travis County, Texas for the purposes of pursuing any such action. Any cause of action you may have arising out of or related to your use of this website must be commenced within one (1) year after the cause of action arises. We reserve the right to seek all remedies available at law and equity for violations of these Terms, as well as the right to restrict access to this website or any portion of it. We do not represent that the information in this website is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access this website do so on their own initiative and are responsible for compliance with all applicable local laws.

U.S. Export Controls Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with United States export control laws and that you will not transfer any software or other content from this website in violation of United States export controls.

Use of the Website

This website does not, and it is not intended to, provide any financial or accounting advice. The website should not be used or relied upon by you as a substitute for your independent research or professional advice. Nothing in this website constitutes an offer to sell or a solicitation of an offer to buy any security, investment, or insurance product or service. All insurance policies, products and services are subject to the terms and conditions of the applicable agreements. TWIA shall not be liable or responsible to any person for any harm, loss or damage that may arise in any connection with your use of the website, including without limitation any direct, indirect, special, third party, or consequential damages.

You are responsible for logging in to the website and truthfully providing information on behalf of your customer.

Content and Liability Disclaimer

Our intent is to provide accurate and up-to-date content on this website; however, that is not always possible. Therefore, all content, services and functions on this site, or any other website linked to this site, are provided “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required.

Limitation on Liability and Damages

In no event will TWIA be liable to any party for any direct, indirect, special, punitive, incidental or consequential damages, including, without limitation, any lost profits, business interruptions, loss of programs or data on your equipment, or otherwise, even if we or any of our representatives are expressly advised of the possibility or likelihood of such damages, arising out of or related to any use of or inability to use this website, or any other linked website, including, without limitation, use of or reliance on information, interruptions, errors, defects, mistakes, omissions, deletion of files, disabling devices, delays in operation or transmission, nondelivery of information, theft, unauthorized access, disclosures of communications, or any failure of performance. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using this website. In no event shall our total liability to you for damages, losses and causes of action of any kind – whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise – exceed the amount paid by you, if any, for accessing this website.

Entire Agreement

These Terms represent the entire agreement between you and TWIA relating to the subject matter herein.

Copyright Protections

All Content ©2016 TWIA. All Rights Reserved. The contents of material available on this Internet website are copyrighted by TWIA unless otherwise indicated. All rights are reserved by TWIA, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of TWIA. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Changes to Our Terms

These Terms and Conditions were last modified on 08/30/2016.