Terms and Conditions - Texas Windstorm Insurance Association

Terms and Conditions

This webpage provides the Terms and Conditions for using Texas Windstorm Insurance Association (TWIA) and Texas FAIR Plan Association (TFPA) systems and websites. Please click on the sections below to review your duties and responsibilities as a policyholder or agent.

Texas Windstorm Insurance Association

Terms and Conditions of Use
Please read this Terms and Conditions document carefully as it contains important information about your legal rights. These Terms and Conditions cover all of your accounts and services accessible, (now and in the future) through the TWIA website, Policyholder Portal, and Claims Center (“websites”).

By accessing and using the websites, you are accepting and agreeing to be bound by and comply with these Terms and Conditions of Use (“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 TWIA policyholders, persons who submit notice of a claim, and any authorized users. The words “we,” “our,” or “us” refer to Texas Windstorm Insurance Association (“TWIA”). These Terms apply to notices that we are legally required to provide to you and other communication that we send you in connection with any or all of your insurance policies, claims, accounts and services accessible on the websites.

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, you 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.

Your Legal Rights
We are required by law to provide certain information to you in writing. We are permitted to provide such information to you electronically, including through the websites, if we obtain your consent to do so. By consenting to receive information electronically, you consent on behalf of any other person, and agree to receive system generated emails regarding notifications, policy and claim-related documents, and other important communications.

Hardware and Software Requirements
While you may be able to access and retain the communications using other hardware and software, your computer must support the requirements outlined in the System Requirements.

How to Withdraw Your Consent to These Terms
You have the right to withdraw your consent to these Terms and may exercise such right by emailing agentservices@twia.org, calling (800) 979-6443, or writing to P.O. Box 99090, Austin, TX 78709-9090. You will not be charged a fee for withdrawal of your consent. Any withdrawal of consent is effective only after TWIA has had a reasonable amount of time to process the withdrawal.

If you withdraw your consent, we will stop providing you with communications electronically and we may terminate your access to the websites.

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 the websites. 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 websites.

If you take legal action relating to these Terms or arising out of or relating to your use of the websites, 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 the websites 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 the websites or any portion of them. We do not represent that the information in the websites is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access the websites 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 the websites in violation of United States export controls.

Use of the Websites
The websites do not, and they are not intended to, provide any financial or accounting advice. The websites should not be used or relied upon by you as a substitute for your independent research or professional advice. Nothing in the websites 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 websites, including without limitation any direct, indirect, special, third party, or consequential damages.

You are responsible for logging into the websites and truthfully providing information.
You are responsible for your login credentials. TWIA assumes the user is authorized to transact business on the websites.

Validity of Website Documents
The content of the websites is provided for your information and convenience. If you access your policy or account information online, the terms and conditions of the coverage are determined by the applicable policy or account documents. In the event of any conflict with the content of the websites, the applicable policy or account documents shall be controlling. You may request a paper copy of the applicable policy or account documents by contacting your agent or TWIA.

Content and Liability Disclaimer
Our intent is to provide accurate and up-to-date content on the websites; however, that is not always possible. Therefore, all content, services and functions on the websites, or any other website linked to the websites, 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. If you have questions about the timeliness of news or wish to verify the accuracy of web content, please contact communicationsmail@twia.org.

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 the websites, 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 the websites. 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 the websites.

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

Copyright Protections
All Content ©2022 TWIA Policyholder Portal and Claims Center. All Rights Reserved. The contents of material available on the websites 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. If you wish to republish information from TWIA.org, you can contact us for the proper methods for doing so at communicationsmail@twia.org.

Changes to Our Terms
These Terms and Conditions were last modified on 04/15/2022.

Terms and Conditions of Use
The words “you” and “yours” refer to those who sign the application, joint owners, or any authorized users. The words “we,” “our,” or “us” refer to TWIA. These Terms apply to notices that we are legally required to provide to you and other communication that we send you in connection with any or all of your insurance policies, accounts and services accessible on this website. Please read this Terms and Conditions document carefully as it contains important information about your legal rights. These Terms cover all of your policies, accounts and services accessible, (now and in the future) through this website. These include, but are not limited to: insured accounts, insurance policies, other online services. 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.

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.

Your Legal Rights
We are required by law to provide certain information to you in writing. We are permitted to provide such information to you electronically, including through this website, if we obtain your consent to do so. By so consenting, you also consent on behalf of any other person named on your policy or account, subject to applicable law. By consenting to receive information electronically, you agree to receive system generated emails regarding status changes, policy related documents, and other important communication. You understand that as an eligible user you will receive emails on a periodic basis.

Types of Electronic Communications You Will Receive
You understand and agree that we may provide to you in electronic format—either through the website on which you access your account or through email—agreements, disclosures, notices, and other information and communications regarding your accounts, policies, the use of any website services, your relationship with us, and/or other services that are or may be made available to you (“Communications”). Such Communications may include, but are not limited to:

These Terms and any updates;
Online Agreements, other service or user agreements for online access to this website or any other websites provided by us, all updates to these agreements and all disclosures, notices and other communications regarding Policy Center transactions you make within these websites;
Disclosures, agreements, notices and other information related to your policy or account including, but not limited to payment notices, or other disclosures or notices that may be required by federal or state laws and regulations affecting your insured’s policy or account.
Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of a policy or account or service thereon or that may otherwise be required by federal or state laws and/or regulations, including but not limited to: account information; account activity; account inactivity; or payments made or due.
Any notices or disclosures regarding policy or account product or service fees, such as: late fees or fees for drafts, checks or electronic debits returned for any reason, such as insufficient funds or stop payment orders.
Our Privacy Policy and other privacy statements or notices;
Certain statements or notices that the individual companies listed at the website twia.org are legally required to provide to you;
Certain information or forms that we request from you and ask you to submit electronically, such as policy change forms and agreements; and
Email acknowledgement received on a periodic basis from Policy Center and generated based on status changes, policy related documents, and other important communications.

Types of Communications You Will Receive in Paper

Any notice of cancellation or termination;
Any other communications that we determine, in our sole discretion, to provide in paper rather than electronic form. Such notices and disclosures shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.

System Requirements
While you may be able to access and retain the communications using other hardware and software, your computer must support the requirements outlined in the System Requirements.

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 please contact us by sending an email to agentservices@twia.org or calling (800) 979-6443.

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. If you are initiating the enrollment process, TWIA can provide you with paper copies. You may request a paper copy of these communications by sending an email to agentservices@twia.org, or calling (800) 979-6443.

Agent Agreement and Responsibilities for eCheck
You, Agent/Broker, agree to be bound by the National Automated Clearing House Association (NACHA) Rules and Regulations in effect, and from time to time acknowledge that entries may not be initiated that violate the laws of the United States. Agreement to the terms & conditions to electing the eCheck payment option are included in the general Agent Portal/PC login agreement. Consent from the bank account holder is required and must be proven to the most current NACHA regulations. Agent/Broker agrees to provide customers and/or account holders with all required disclosures pursuant to the Rules and Regulations and as otherwise agreed by the parties, and to provide appropriate and sufficient data to authenticate customers or account holders. Agent/Broker will maintain the confidentiality of any passwords, codes, digital certificates, security devices and related instructions for use of the Policy Center system (“System”). Agent/Broker will securely maintain the confidentiality of customer information obtained in the generation of the policy, including payment information. If Agent/Broker suspects that any information or instructions have been accessed by unauthorized persons, Agent/Broker will promptly notify Texas Windstorm Insurance Association (TWIA). Agent/Broker shall be solely liable for the security and integrity of all information and data supplied or transmitted through the System, breach of any NACHA Rules or this Agreement and shall reimburse TWIA upon demand for any such related losses that are incurred. 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. Agent/Broker shall have full liability for any fees charged to TWIA for transactions that are not initiated according to this Agreement. These may include, but are not limited to, Non-Sufficient Funds Fees, Overdraft Fees, Returned Item Fees and Chargeback Fees. In the event that a payment is returned for insufficient funds, TWIA will try to re-run the transaction again for the original amount of the authorization plus any returned item fees, up to the maximum allowed by law. Any payment that is returned due to insufficient funds will cause the policy to be cancelled. TWIA reserves the right to require guaranteed funds in order to reinstate the policy. TWIA does not guarantee that Agent/Broker’s access to the System will be uninterrupted, error free or secure. Agent/Broker should develop a contingency plan for the submission of policy applications and/or premium payments, should the System not be available to ensure that policies are in place when executed.

Validity of Website Documents
The content of the TWIA website is provided for your information and convenience. If you access your insured’s policy or account information online, the terms and conditions of the coverage are determined by the applicable policy or account documents. In the event of any conflict with the content of the website, the applicable policy or account documents shall be controlling. You may request a paper copy of the applicable policy or account documents by sending an email to agentservices@twia.org, or calling the Agent Services number shown on the “Contact Us” page of the TWIA website. You are responsible for uploading policy documents to Policy Center before and after submission of the application. Upload only what is needed. Most file types are acceptable. All documents will be retained according to TWIA’s document retention policy.

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. You are responsible for completing Policy Center training. You are aware of website and application processes and your responsibilities as a user of Agent Portal and Policy Center systems. You are responsible for your login credentials. TWIA assumes the user is authorized to transact business on the Agent Portal. TWIA will review coverage requests upon receipt of all required documentation.

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 ©2022 TWIA Agent Portal, Policy Center System and Claims Center System. 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 04/15/2022

Terms and Conditions of Use
This document covers you and your rights and responsibilities concerning the Electronic Payment via electronic funds transfer (“EFT”) services offered to you by Texas Windstorm Insurance Association (“TWIA”). Electronic funds transfers are electronically initiated transfers of money from your account through the electronic funds transfer services described below. By signing a request for EFT service, or using the service, each of you, jointly and severally, agree to the terms and conditions in the Agreement and any amendments for the EFT services offered.

Definitions
In this Agreement, the words “you” and “yours” mean those who sign the application, joint owners, or any authorized users. The words “we,” “us,” and “our” mean TWIA. The word “account” means any one or more savings and checking accounts you have with banking institutions. Business day means Monday through Friday excluding any holidays on which TWIA and/or our third-party financial institution is closed.

Service Provider
You authorize TWIA to use a third party to make the authorized EFT withdrawals.

EFT Services
Upon approval, you may use EFT services offered by TWIA. We will only process payments to TWIA. Our bank will withdraw, via the Automated Clearing House (ACH), the designated funds from the checking or savings account that you have specified.

Payment transactions requested on or before 8:00 p.m. Central Time will be processed the same day they are submitted. Payment transactions requested after 8:00 p.m. Central Time will be processed the following Federal business day.

If you’ve established Automated Clearing House Blocks at your bank for the bank accounts you intend to use you will need to define an ACH Filter at your bank for TWIA transactions.

Conditions of EFT Services
Security of Access Code: Your users will be using an access code (PIN and/or password) in conjunction with your electronic funds transfers. Access codes are confidential and should not be disclosed to third parties. You are responsible for safekeeping of your access code(s). You agree not to disclose or otherwise make your access code(s) available to anyone not authorized to sign on your accounts. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and TWIA suffers a loss, we may terminate your EFT services immediately.

Joint Accounts: If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and alone and together, shall be responsible for all EFT transactions to or from any savings or checking accounts, as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may, and hereby is authorized by every other joint account owner to make any transaction permitted under this Agreement.

Fees and Charges
TWIA does not charge fees to you for this service. Your financial institution may charge fees to you for electronic funds transfers.

Agency Liability
You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit someone else to use an EFT service, you are responsible for any transactions they authorize or conduct on any of your accounts. If your bank statement shows transfers that you did not make, you must immediately notify TWIA and your bank

Right to Receive Documentation
You will receive a payment confirmation at the time you pay for TWIA insurance application, which you should print the payment confirmation for your records. A copy of the payment confirmation will also accompany the completed insurance application you receive from TWIA.

Account Information Disclosure
We will only disclose information to third parties about your account or the transfers you make:

as necessary to complete transfers;
to comply with government agency or court orders; or
if you give us written permission.

Notices
All notices from TWIA will be effective when we have mailed them or delivered them to your last known address in TWIA’s records. Notices from you will be effective when received by TWIA at the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty-one (21) days before the effective date of any change. Use of this service is subject to existing regulations governing the TWIA business relationship and any future changes to those regulations.

Texas Windstorm Insurance Association
PO Box 99090
Austin, Texas 78709

You will receive email communication from TWIA and TWIA’s bank regarding various aspects of the EFT service. As EFT payment service is inherently an electronic medium, you consent to the use of email as the mechanism TWIA and TWIA’s bank will use to communicate information regarding your enrollment and transactions. It is essential that your email address at TWIA and TWIA’s bank be kept current. All email notices from TWIA will be effective when we have sent them to your last known email address in TWIA’s records.

Termination of EFT Services
You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of the service. TWIA may also terminate this Agreement at any time by notifying you orally or in writing. Whether you or TWIA terminates this Agreement, the termination shall not affect your obligations under this Agreement for any EFT transactions made prior to termination.

Governing Law
This Agreement is governed by the TWIA Plan of Operation (28 TAC §5.4001), federal laws and regulations, the laws and regulations of the State of Texas, and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which TWIA is located.

Enforcement
You are liable to us for any loss, cost or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, costs or expenses from amounts owed to you by TWIA without prior notice to you. If we bring legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgement collection actions.

Changes to Our Terms
These Terms and Conditions were last modified on 4/15/2022.

Texas FAIR Plan Association

Terms and Conditions of Use
Please read this Terms and Conditions document carefully as it contains important information about your legal rights. These Terms cover all of your policies, accounts and services accessible, (now and in the future) through this website. These include, but are not limited to: insured accounts, insurance claims, and other online services.

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 those who submit notice of a claim, or any authorized users. The words “we,” “our,” or “us” refer to Texas FAIR Plan Association (TFPA) / Texas Windstorm Insurance Association (TWIA). These Terms apply to notices that we are legally required to provide to you and other communication that we send you in connection with any or all of your insurance policies, claims, accounts and services accessible on 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, you acknowledge and agree that TFPA/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.

By consenting to receive information electronically, you agree to receive system generated emails regarding notifications, claim-related documents, and other important communications. You understand that as an eligible user you will receive emails on a periodic basis.

How to Withdraw Your Consent to These Terms
You have the right to withdraw your consent to these Terms and may exercise such right by emailing claimsassist@twia.org, calling (800) 788-8247, or writing to P.O. Box 99090, Austin, TX 78709-9090. You will not be charged a fee for withdrawal of your consent. Any withdrawal of consent is effective only after TFPA/TWIA has had a reasonable amount of time to process the withdrawal.

If you withdraw your consent, we will stop providing you with communications electronically and we may terminate your Claims Center access.

Validity of Website Documents
The content of the TFPA/TWIA website and Claims Center is provided for your information and convenience. If you access your policy or account information online, the terms and conditions of the coverage are determined by the applicable policy or account documents. In the event of any conflict with the content of the website, the applicable policy or account documents shall be controlling. You may request a paper copy of the applicable policy or account documents by contacting your agent or TFPA/TWIA.

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.

You are responsible for logging in to the website and truthfully providing information.
You are responsible for your login credentials. TFPA/TWIA assumes the user is authorized to transact business on Claims Center.

Limitation on Liability and Damages
In no event will TFPA/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 TFPA/TWIA relating to the subject matter herein.

All rights are reserved by TFPA/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 TFPA/TWIA. Copyright infringement is a violation of federal law subject to criminal and civil penalties. If you wish to republish information from these websites, you can contact us for the proper methods for doing so at communicationsmail@twia.org.

Changes to Our Terms
These Terms and Conditions were last modified on 8/28/2018.

Terms and Conditions of Use
The words “you” and “yours” refer to those who sign the application, joint owners, or any authorized users. The words “we,” “our,” or “us” refer to Texas FAIR Plan Association (TFPA). These Terms and Conditions of Use (hereafter, “Terms”) apply to notices that we are legally required to provide to you and other communications that we send you in connection with any or all of your insurance policies, accounts and services accessible on this website. Please read this Terms document carefully as it contains important information about your legal rights. These Terms cover all of your policies, accounts and services accessible, (now and in the future) through this website. These include, but are not limited to: insured accounts, insurance policies and other online services. By accessing and using this website, you are accepting and agreeing to be bound by and comply with these Terms. These Terms may be changed periodically without prior notice. Amended Terms shall automatically become effective when they are posted.

Public Information
Notwithstanding any provision herein to the contrary, the parties hereby acknowledge and agree that TFPA 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 TFPA website.

Your Legal Rights
We are required by law to provide certain information to you in writing. We are permitted to provide such information to you electronically, including through this website, if we obtain your consent to do so. By so consenting, you also consent on behalf of any other person named on your account, subject to applicable law. By consenting to receive information electronically, you agree to receive system generated emails regarding status changes, policy related documents, and other important communications. You understand that as an eligible user you will receive emails on a periodic basis.

Such communications may include but are not limited to:

These Terms and any updates;
Online Agreements, other service or user agreements for online access to this website or any other websites provided by us, all updates to these agreements and all disclosures, notices and other communications regarding transactions you make within these websites;
Disclosures, agreements, notices and other information related to your account including but not limited to payment notices, other disclosures, or notices that may be required by federal or state laws and regulations affecting your insured’s policy or account.
Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of a policy or account or service thereon or that may otherwise be required by federal or state laws and/or regulations, including but not limited to: account information; account activity; account inactivity; or payments made or due.
Any notices or disclosures regarding policy or account or service fees, such as: late fees or fees for drafts, checks or electronic debits returned for any reason, such as insufficient funds or stop payment orders.
Our Privacy Policy and other privacy statements or notices;
Certain statements or notices that the individual companies listed at the website www.texasfairplan.org are legally required to provide to you;
Certain information or forms that we request from you and ask you to submit electronically, such as policy change requests and agreements; and
Email acknowledgements sent from our systems and generated based on status changes, policy related documents, and other important communications.

Types of Communications You Will Receive in Paper

Any communications that we determine, in our sole discretion, to provide in paper rather than electronic form. Such communications shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.

How to Withdraw Your Consent to These Terms
You have the right to withdraw your consent to these Terms and may exercise such right by emailing agentservices@twia.org or calling Agent Services as shown on the “Contact Us” page on the TFPA website. You will not be charged a fee for withdrawal of your consent. Any withdrawal of consent is effective only after TFPA has had a reasonable amount of time to process the withdrawal. If you withdraw your consent, we will stop providing you with communications electronically and we may terminate your system access.

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. You may request a copy by emailing agentservices@twia.org or calling Agent Services as shown on the “Contact Us” page on the TFPA website.

Validity of Website Documents
The content of the TFPA website is provided for your information and convenience. If you access your insured’s policy or account information online, the terms and conditions of the coverage are determined by the applicable policy or account documents. In the event of any conflict with the content of the website, the applicable policy or account documents shall be controlling. You may request a paper copy of the applicable policy or account documents by sending an email to agentservices@twia.org, or calling the Agent Services number shown on the “Contact Us” page of the TFPA website. You can upload relevant documents to our systems before and after submission of the application. Upload only what is needed. Most file types are acceptable. All documents will be retained according to TFPA’s document retention policy.

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 of the applicable agreements. TFPA 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. You are responsible for completing any required training. You are aware of website and application processes and your responsibilities as a systems user. You are responsible for your login credentials. TFPA assumes the user is authorized to transact business on our systems. TFPA will review coverage requests upon receipt of all required documentation.

Limitation on Liability and Damages
In no event will TFPA 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 TFPA relating to the subject matter herein.

Changes to Our Terms
These Terms were last modified on 08/28/2018.

Copyright Protections
All Content ©2016 TFPA Agent Gateway, Policy Center System and Claims Center System. All Rights Reserved. The contents of material available on this Internet website are copyrighted by TFPA unless otherwise indicated. All rights are reserved by TFPA, 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 TFPA. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

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