Terms and Conditions of Use

This webpage provides the Terms and Conditions for using 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 using TFPA systems.

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.

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 notifications, claim-related documents, and other important communications. You understand that as an eligible user you will receive emails on a periodic basis.

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 claimsassist@twia.org, calling 1-800-788-8247, 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.

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. TFPA/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.
  • You are responsible for your login credentials. TFPA/TWIA assumes the user is authorized to transact business on Claims Center.

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. 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 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.

Copyright Protections
All Content ©2016 TFPA/TWIA. All Rights Reserved. The contents of material available on this Internet website are copyrighted by TFPA/TWIA unless otherwise indicated.

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 8/28/18.

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.

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 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.

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.

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.

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.

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.

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.

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.

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 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.

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 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.

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.

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