We welcome you to the website (“Our Site”) of NuSureCo Insurance Company and its operating subsidiaries (hereinafter sometimes collectively referred to as “NuSureCo” and the “Company”), all of which are headquartered in Houston, Texas. Our Site was created to provide information about NuSureCo’s insurance services to individuals and businesses who visit Our Site (“you” and “your”). Please check our Site for the latest version of our Terms of Service Policy which explains the terms and conditions for the use of Our Site, including without limitation those set forth below:
TABLE OF CONTENTS OF OUR ELECTRONIC COMMUNICATIONS CONSENT POLICY STATEMENT
Your Relationship with NuSureCo
Our Site was created to provide information about NuSureCo’s insurance services for individuals and businesses (“Services”). The insurance evaluation and process we offer requires the swift exchange of Company information and your Personal Information in order to make an informed business decision. Therefore, it is essential for information and documentation to be exchanged electronically from the inception of our Services through final approval of your policy.
Our Privacy Policy and Other Policies
Before you use our Services, we strongly recommend that you read our Policies, all of which can be accessed through our Site, in order to inform you of your rights and our responsibilities to you. Please ask us any questions regarding any Policy or Program found here or elsewhere on our Site and seek your independent legal counsel with respect to any of the above Policies and Programs.
Acceptance of Terms of Service
In order to use our Services, you must be at least 18 years of age, of sound mind, and otherwise able to enter into a legally binding contract under the laws of the state in which you reside and of the United States of America. After you have read and understand the terms and conditions under which we are willing to extend services to you, we require you to accept our Terms of Service. Terms of Service shall be accepted by your execution of the NuSureCo application process.
Your Use of Our Site and Our Services
We are required by Company Policy as well as by applicable Federal, state and local laws, to obtain certain information and documentation (“Personal Information”) from you in order to evaluate your NuSureCo application with us. Please consult our Privacy Policy for a more detailed discussion of our legal responsibilities and your legal rights with respect to our use and disclosure of our Personal Information.
Revisions and Updates
NuSureCo periodically revises and updates our Policies, Programs, Services, Site, as necessary to maintain compliance with all applicable legal and contractual obligations and to offer a better customer experience for the users of our Site and our Services. By your acceptance of our Terms of Service Policy, you agree to be responsible for reviewing any revisions and updates that we periodically make as part of our business operations.
DISCLAIMER OF WARRANTIES
THE COMPANY PROVIDES ELECTRONIC COMMUNICATION AND DELIVERY SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT ELECTRONIC COMMUNICATIONS AND DELIVERIES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ELECTRONIC COMMUNICATIONS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, TREBLE, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF ELECTRONIC COMMUNICATION AND DELIVERY SERVICES, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, DESTRUCTION, OR MISUSE OF DATA, DELAYS, SYSTEM FAILURES, OR OTHER INTANGIBLE LOSS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Arbitration Agreement
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS ELECTRONIC COMMUNICATIONS CONSENT, THE DELIVERY OR FAILURE OF DELIVERY OF ELECTRONIC COMMUNICATIONS, OR THE USE OF ANY ELECTRONIC DELIVERY SYSTEM (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY A NEUTRAL ARBITRATOR UNDER THE FEDERAL ARBITRATION ACT (“FAA”). The arbitration shall be conducted on an individual basis, before a single neutral arbitrator, EXCLUSIVELY IN HOUSTON, TEXAS, unless the parties mutually agree otherwise. THE PARTIES AGREE THAT HOUSTON, TEXAS IS A MATERIAL AND BARGAINED FOR TERM OF THIS ARBITRATION AGREEMENT. The arbitration shall be conducted in English. Unless the parties agree otherwise, the arbitration will proceed under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator shall have authority to award all forms of relief available under applicable law but shall NOT have authority to award class wide, collective, representative, or private attorney general relief.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. YOU AND THE COMPANY EXPRESSLY WAIVE ANY RIGHT TO BRING, PARTICIPATE IN, OR RECEIVE RELIEF FROM ANY CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR MASS ACTION LAWSUIT OR ARBITRATION. If a court or arbitrator determines that this class action waiver is unenforceable with respect to any particular claim, then the entire arbitration agreement shall be invalid as to that claim alone, and that claim may proceed in court. All remaining claims shall remain subject to this Arbitration Agreement.
Venue Confirmation
ALL ARBITRATION PROCEEDINGS SHALL OCCUR EXCLUSIVELY IN HOUSTON, TEXAS, unless you and the Company mutually agree to a different location in writing. The parties expressly acknowledge and agree that selecting Houston, Texas as the arbitration venue does not render this agreement unconscionable, burdensome, or unreasonable.
Governing Law
This Arbitration Agreement and Class Action Waiver are governed by the Federal Arbitration Act (FAA) and, to the extent not preempted, the laws of the State of Texas.
Survival and Severability
This Arbitration Agreement and Class Action Waiver shall survive termination of your policy, the withdrawal of your electronic communication consent, and the completion of any business transaction between you and the Company. If any provision is found unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by law.
Acknowledgment
BY PROVIDING CONSENT TO ELECTRONIC COMMUNICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, INCLUDING THE REQUIREMENT THAT ARBITRATION OCCUR IN HOUSTON, TEXAS.
Miscellaneous
By your execution and delivery of our NuSureCo application, you agree to abide by our Policies, including this Terms of Service Policy and acknowledge that you have been advised to become familiar with the terms of our Policies, as updated on our Site. If you have any questions, we look forward to helping you with answers and any other assistance that we can offer to help.
Contact Information
You may contact us via email at Our Site: https://NuSureCo.com/ or by writing to us at our business headquarters address:
NuSureCo
12140 Wickchester Lane, Suite 600, Houston, Texas 77079
Attention: Vice President or by calling us at our number at 888-913- 5479.
