Terms and Conditions
These terms and conditions of use (these “Terms”) form a binding contract between Entrata Insurance Agency, LLC (“EIA”, “we”, “us”, “our”) and you (“you”, “your”).You acknowledge that you have read and understand these Terms and agree to conduct all transactions with us by electronic means, including electronic enrollment and payment. You understand that you are conducting an electronic transaction(s) and agree to use and receive communications through electronic means. You further agree to enter into any applicable insurance contract(s) electronically via the Internet, and to be notified regarding such insurance contract(s) via the same.
1. Payment Terms.
You agree, by submitting your payment information via this website, to authorize EIA to charge your credit card or debit your bank account for the amount(s) shown on such payment screens, which may include insurance premiums as well as administrative and other fees charged by EIA for its services (which EIA fees are non-refundable once collected, and are subject to change from time to time in EIA’s sole and reasonable discretion, without prior notice to you). For recurring debit transactions, you also authorize EIA to make automatic withdrawals between 3-15 days prior to the commencement of the next billing period of your policy. If any payment is rejected for any reason, including insufficient funds, your applicable policy(ies) may be cancelled and you will have no coverage. Late or failed payments will result in a lapse of coverage. Your coverage will be terminated if we have not received payment as of midnight, Mountain Time, of the policy renewal date. The first payment will be billed immediately and you will be auto-debited on the day the coverage period begins; all other payment obligations will be billed 3-15 days prior to the commencement of the next billing period of your policy.
You understand that if your policy start date is 120 days or more from today’s date, the premium quoted to you here may be subject to change before the policy is instated. You agree that the policy premium rates and other charges required to keep your policy active may increase from time to time, in accordance with the terms of the policy documents provided by the insurance carrier, and you agree to pay the amounts provided to you when payment is due. You further agree that EIA may back-bill you for such increased fees within a reasonable amount of time after the effective date(s) of such increases.
2. Term and Termination.
The term of each insurance policy placed through EIA is either month-to-month (a monthly continuous policy) or annual (yearly continuous policy). These Terms will remain in place perpetually, so long as you continue to have an insurance policy through EIA, or until either party terminates these Terms by providing seven (7) days prior written notice to the other party. If a cancellation notice is not received prior to a new billing cycle, you will not be refunded any amounts already debited from your account. To terminate these Terms, you must send your notice to email@example.com or mail it to EIA Cancellations, 4205 Chapel Ridge Ln Lehi, UT 84043. If a recurring payment is rejected by your financial institution, we reserve the right to terminate these Terms by providing written notice to you as outlined above.
3. Limitation of Liability.
EIA's liability is limited by law and limited to those damages proximately caused by EIA, and EIA shall not be liable for any special, incidental, or consequential damages arising from any breach of these Terms. If EIA's error was unintentional and is determined to have resulted from a bona fide error, EIA's liability is limited to actual damages. Neither EIA nor its parent company shall be liable for: (a) any error or omission in processing any authorized recurring debit payment; (b) any payment returned for insufficient funds; (c) any payment failure because your account is restricted; (d) any network or computer failure resulting in your inability to use this website; (e) circumstances beyond EIA's reasonable control that prevent your payment from being processed; (f) your failure to submit a payment sufficiently in advance of your payment due date; (g) any refusal of your financial institution or card issuer to honor your payment; (h) your inability to make a payment because EIA has blocked your access to this website in accordance with these Terms; or (i) any act or omission of any financial institution, electronic funds transfer system, operator or third party service provider, or credit card issuer.
4. Recurring Debit Transactions.
EIA is entitled to use and rely upon the information you provide on this website, but is not responsible for any loss results from mistaken or fraudulent information provided by you or someone who purports to be you. Each recurring debit transaction will be processed using the information you provide when you enroll. EIA has no obligation to provide notice to you of a delinquent payment, which will occur if an authorized recurring debit from your account is rejected, and a payment has not been made by the due date. EIA may, at its discretion, initiate a payment or adjustment from an authorized recurring debit entry that was made in error, and choose the system or third party service provider to be used to process the recurring debit payments.
EIA functions as an insurance agent, and not as an insurance carrier. Any protections afforded to EIA under these Terms shall also apply to any EIA parent, subsidiary and affiliated entity. No waiver of any terms will be effective unless in writing. You may not transfer your rights or obligations under these Terms. These Terms are governed by the laws of the State of Utah, without regard to the state’s conflict of laws provisions, and by applicable federal laws and regulations. If any term herein is deemed to be invalid or unenforceable, the remaining terms shall remain valid and enforceable as written. These Terms are in addition to any other agreement you have with EIA. Each party shall bear any and all fees and other charges applicable and designated by its own financial institution(s).
6. Fraud Warning.
It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits. Your state may have specific warnings against filing false claim information. In case of same-day coverage enrollment, you certify there have been no losses, accidents, or circumstances that might give rise to a claim under this policy within the previous 24 hours, and you agree that any claims incurred prior to the effective date of the policy shall not be covered thereby.
7. Agreement to Deal Electronically
All of your transactions with EIA may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
By submitting payment or other information on any step of a transaction within this website, you agree to conduct such transaction by electronic means. By completing any transaction with us through this website, you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address and/or phone number you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future.
Except as otherwise provided in these Terms, we will give you any notices regarding this website by posting them on this website. You also authorize EIA to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the website for notices, and you will be considered to have received a notice when it is posted on the website, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.
The following is the Membership Agreement of the ResidentSecure program (the “Program”) between you, the person who has enrolled in the Program (“you”, “your”), and Entrata Insurance Agency, LLC (“EIA”, “we”, “us”, “our”). UPON ENROLLMENT, YOU AGREE TO BE BOUND BY THESE TERMS OF MEMBERSHIP. YOU SHOULD READ THIS MEMBERSHIP AGREEMENT CAREFULLY. If you have any questions regarding your Membership, you may contact our customer service center 24 hours a day at the toll-free number listed on your Membership Card.
1. Membership Benefits.
As a Member, you are entitled to access discounts and/or other benefits on various products and services offered by participating vendors through the ResidentSecure website and customer service center ("Benefits"), as described in your Membership Guide or on the ResidentSecure website ("Program Website"). Some Benefits may not be available in your area. Additionally, the discounts available through the Program may not be used in conjunction with any other discount program. PLEASE SEE YOUR MEMBERSHIP MATERIALS AND THE PROGRAM WEBSITE FOR IMPORTANT DETAILS AND LIMITATIONS. All listed or quoted prices are current prices only and are subject to change without notice. We reserve the right to suspend or end the Program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the Program in certain geographic areas, without prior notice, in our sole discretion.
2. Membership Terms.
Your Membership is effective immediately upon your enrollment in the program and shall continue on a month-to-month basis until cancelled as described below. You may cancel your Membership at any time by calling us at the toll-free number listed on your membership card or by writing us at the address indicated below. Unless you notify us that you wish to cancel your membership by following these instructions, or your membership is otherwise cancelled as provided herein, your Membership will continue automatically and you will be billed the then-current membership fee, which will appear on your statement, depending upon how you enrolled.
3. Payment of Membership Fee.
The payment of your membership fee (which, if applicable, includes any trial period fee as well as enrollment or processing fees and shipping and handling charges) is made automatically by a charge to the payment account authorized by you (the "Payment Account") in accordance with the payment terms to which you agreed. In the event that the Program offer to which you agreed includes a trial period, you may cancel your membership at any time during the trial period and not be charged, other than any one time enrollment or processing fees, and shipping and handling charges, in each case depending on the Program offer to which you agreed, as well as money paid for Benefits ordered by you. We reserve the right to terminate your Membership at any time without notification, including in the event that we are unable to bill the membership fee to your specified Payment Account.
4. Promotional Membership Fee.
From time to time, in our sole discretion, we may provide a reduced membership fee, for a promotional period, to first-time or other selected customers. If you are provided with such a promotional reduction in your membership fee ("Promotional Membership Fee"), your Payment Account will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by us, and that the regular applicable periodic membership fee will be charged to your Payment Account following the end of the promotional period. Terms of the Promotional Membership Fee, including the duration and amount of the Promotional Membership Fee, may vary from time to time.
5. Continuation of Membership.
Unless you notify us that you wish to cancel your Membership by following the instructions in the paragraph below titled Termination of Membership, your Membership will continue automatically and you will be billed the then-current membership fee which will appear on your Payment Account statement, depending upon how you enrolled. We reserve the right to increase or decrease the membership fee, or add new fees and charges, from time to time. You agree that unless you cancel your membership prior to the effective date of the membership fee increase, you will be charged the new applicable periodic membership fee on each anniversary date after the effective date of such change, and you authorize us to charge the new applicable periodic membership Fee to your Payment Account. You are solely responsible for any and all fees charged to your Payment Account by the credit or debit card issuer, bank, or financial institution, including but not limited to membership, processing, shipping and handling, overdraft, insufficient funds, and over-the-credit-limit fees, in each case to the extent applicable.
6. Electronic Fund Transfer Authorization.
If the Payment Account you have provided is a checking account, you authorize us to create an electronic funds transfer request ("EFT") which will be presented to your bank for payment from your checking account. Your membership term shall be month-to-month; you therefore authorize us to charge your checking account on a monthly basis, and therefore to effect pre-authorized transfers from your checking account. Your request to pay your recurring monthly membership fee with pre-authorized charges to your checking account and your electronic execution of an acknowledgement of your acceptance of this Membership Agreement ("Electronic Signature") constitutes your pre-authorized EFT authorization for future charges on your checking account and your consent to these terms and conditions. You further acknowledge that the amount charged to your checking account may be different from time to time, in accordance with this Membership Agreement, including, without limitation, differing amounts due to Promotional Membership Fees or changes to your membership plan, and you authorize us to charge your checking account for such varying amounts. You agree that if an EFT is returned unpaid, you will pay a service charge up to the maximum amount allowed by law. EFTs returned for insufficient or uncollected funds, together with service charges, may be debited electronically from your account or collected using a bank draft drawn from your account. You may cancel your membership as described in these Terms. Such cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. You may also cancel your pre-authorized debit authorization by contacting your bank within a sufficient time to cancel the authorization (Please see your agreement with your bank for the terms and conditions of cancellation). Please note, however, that you must still notify us of the cancellation of your membership as described herein, as cancellation of your authorization with your bank will not serve as notice to us concerning cancellation of your membership.
7. Use of Membership.
Your Membership is non-assignable and non-transferable. You agree that only you—or if the Family Plan is selected, you, your spouse, your domestic partner, and your children up to and including age 25 who are residing at your address or attending school—may use the Membership. Benefits are not to be resold. You are limited to one membership per twelve-month period per immediate family. You are responsible for all use of your Membership and will promptly notify us if you become aware of any unauthorized use of your Membership, your membership card or membership number, or if your membership card is lost or stolen. If you were offered the opportunity to claim a premium or gift in connection with your enrollment in the Program, you are limited to one premium or gift per Program and, depending upon the offer you agreed to, you may be required to be a member of the Program at the time that your claim is processed.
8. Disclaimer of Liability.
You agree that EIA and our subsidiaries, affiliates, partners and providers are not responsible or liable for any Benefits provided by participating vendors and, if you have any claims relating to such Benefits, you will make your claim against the vendors providing the Benefit. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU. We do not guarantee, nor are responsible for, the quality of products or services provided by any independent vendors.
We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to you in our sole discretion. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the Benefits, as the case may be.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, PARTNERS OR PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR AGGRAVATED DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, MEMBERSHIP GUIDE, ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON ANY PROGRAM WEBSITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN, OR ADVERTISED ON ANY PROGRAM WEBSITE, AND/OR ANY LINK PROVIDED ON ANY PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR MEMBERSHIP.
9. Changes to Terms and Conditions.
We may, at any time, and at our sole discretion, modify this Membership Agreement by posting the modified Membership Agreement on the Program Website. You agree to review this Membership Agreement periodically on the Program Website. If you do not agree to any modification of this Membership Agreement, you must immediately cancel your membership. Continuing your membership following any such modifications will constitute your acceptance of the modified Membership Agreement.
10. Termination of Membership.
YOU MAY TERMINATE THIS MEMBERSHIP AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US AT THE TOLL-FREE NUMBER LISTED ON YOUR MEMBERSHIP CARD/MATERIALS OR BY NOTIFYING US IN WRITING AT CUSTOMER SERVICE, Entrata Insurance Agency, 4205 Chapel Ridge Rd., LEHI, UT 84043. YOUR CANCELLATION WILL BE PROCESSED PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. DEPENDING UPON THE TERMS YOU AGREED TO, ANY ENROLLMENT, PROCESSING AND/OR TRIAL PERIOD FEES MAY NOT BE REFUNDABLE. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH THE PROGRAM (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY. WE WILL TERMINATE YOUR MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS MEMBERSHIP AGREEMENT OR YOU HAVE NOT PROPERLY ENROLLED IN THE PROGRAM. IN SUCH A CASE, WE RESERVE THE RIGHT TO: (1) NOT REFUND MEMBERSHIP FEES (INCLUDING, WITHOUT LIMITATION, ANY ENROLLMENT OR PROCESSING FEES, SHIPPING AND HANDLING CHARGES AND OTHER FEES, IN EACH CASE TO THE EXTENT APPLICABLE) PAID BY YOU AND/OR (2) NOT FULFILL ANY PENDING ORDERS FOR BENEFITS PURCHASED PRIOR TO CANCELLATION OF THE MEMBERSHIP. WE RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON. MEMBERs are PROHIBITED FROM RE-ENROLLING IN THE PROGRAM FOR TWELVE (12) MONTHS FOLLOWING CANCELLATION.
11. Entire Agreement.
These Terms, along with any terms that you agreed to while accessing the EIA website, contains all of the terms and conditions of Membership, and no representations, inducements, promises, or agreements concerning the Membership not included in these Terms shall be effective or enforceable. If any of the provisions of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect as written.
12. Governing Law.
THIS MEMBERSHIP AGREEMENT AND THE TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between you and us (or made by or against anyone connected with you or us, or claiming through you or us) arising from or relating to your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Utah, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and EIA retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the State of Utah without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between you and us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and EIA do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees that you paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at http://www.adr.org/. Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Salt Lake City, Utah, unless you chose to have the hearing take place in the federal judicial district that includes your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your membership as well as voluntary payment of the debt in full by you or any bankruptcy by you.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING, WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS MEMBERSHIP AGREEMENT, BY REGISTERED MAIL AT ARBITRATION OPT-OUT, ENTRATA INSURANCE AGENCY, 4205 CHAPEL RIDGE RD., LEHI, UT 84043. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM UNLESS THE MEMBERSHIP IS OTHERWISE TERMINATED HEREUNDER. HOWEVER, IN THE EVENT YOUR MEMBERSHIP IS CONTINUED, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE FIRST ANNIVERSARY OF YOUR ENROLLMENT DATE.
14. Availability Restrictions.
This program is only available to residents of the contiguous United States (excluding any such states as we may designate from time to time in your Membership Guide and/or the Program Website). Orders to U.S. military post offices cannot be fulfilled.
15. Consent to Electronic Communications.
You consent to receive communications from us about your membership electronically, either by e-mail or by notices posted on the Program Website, as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. You agree that we may send you e-mails which include notices about your membership as well as information pertaining to the Program and services, such as featured products/services or new offerings. You agree that this information is part of your membership with us.