Terms and Conditions

Covered Insurance Terms and Conditions of Use

Last Updated: August 7, 2024


IMPORTANT: THESE TERMS CONTAIN A MANDATORY DISPUTE RESOLUTION PROVISION IN SECTION 19 IN ACCORDANCE WITH WHICH YOU AND COVERED ARE EACH GIVING UP RIGHTS TO A JURY TRIAL AND TO CLASS ACTION PROCEEDINGS OF ANY KIND.


WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON COVERED’S LIABILITY ARE EXPLAINED IN SECTIONS 14, 15, 16 and 17.

1. Introduction - Welcome to Covered!

The Services offered on our Site are owned and operated by Covered Insurance Solutions, LLC (“Covered”). These terms and conditions (the “Terms”) govern your use of the Site and Services. This Terms applies to all Users of the Service. BY CLICKING “I ACCEPT,” “I AGREE,” “SUBMIT,” “CONTINUE,” “NEXT,” “GET STARTED,” “VIEW QUOTES” OR A SIMILAR CHECKBOX OR BUTTON ON THE SITE, OR BY SUBMITTING YOUR INFORMATION TO COVERED, OR BY CONTINUING TO USE ANY PART OF THE SITE OR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF AT ANY TIME YOU DO NOT ACCEPT ANY PART OF THESE TERMS, YOU MUST NOT PROCEED WITH, OR IMMEDIATELY DISCONTINUE, USE OF THE SITE AND SERVICES.

2. Updates

Covered reserves the right, in its sole discretion, to change these Terms at any time. Covered will endeavor to provide notice of any material change to these Terms on the Site. Regardless of such notice, your continued use of the Site and Services constitutes your agreement to be bound by any changes to these Terms. Please review these Terms periodically for changes. The “Last Updated” legend at the beginning of these Terms indicates the date on which these Terms were last updated. Any new features or tools which are added to the current Services shall also be subject to these Terms.

3. Definitions

Capitalized words used in these Terms shall have the meanings listed below:
  • “Content” means descriptions, information, and materials, including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, audio clips or downloads, video clips, and written and other materials that are made available to you through, or in connection with, the Site or Services.
  • “Covered” refers to our company, Site, Content, Service, or a combination of all or some of the preceding definitions, depending on the context of the word.
  • “Intellectual Property” means any and all intellectual property rights, including registered or unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patents, utility models, rights in designs, copyrights, moral rights, topography rights, database rights, trade secrets, trademarks, service marks, trade names, domain name rights, know-how, rights of confidence, or other intellectual property rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world from time to time.
  • “Services” refers to the services that we provide through the Site, including, but not limited to, our insurance quotation service, the sale and promotion of insurance products, and the Site itself.
  • “Site” refers to the website currently located at itscovered.com, all of its sub-domains, any mobile renderings or counterpart mobile applications of such website, or any other successor website(s) provided by Covered that refer to these Terms.
  • “Terms” means these terms and conditions.
  • “Third-Party Materials” means any third-party software or content that is made available to you through the Site.
  • “Usage Data” means analytics data, including metadata, relating to the provision, use, and performance of various aspects of the Services, including information concerning your use of the various features and functionality of the Site and Services and your Covered Account. Usage Data also includes analytics derived from each of the foregoing, as well as configuration data, and inputs provided to, and outputs received from, AI Functions.
  • “User” refers to all visitors of the Site, including but not limited to registered and unregistered users, visitors, advertisers, viewers, customers, browsers, vendors, service providers, and/or merchants.
  • “You” refers to you, the person who is entering into these Terms with Covered.
  • “Your Information” means any information, data, material, or other content that you upload or transmit to the Site, including any information provided by you during creation of your Covered Account, or that you otherwise provide to us. Your Information is subject to the Covered Privacy Policy.

4. Our Products and Services

The information and materials provided in the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to Covered’s products and Services. All coverages are subject to the terms and conditions of the insurance policies issued. Coverages and their availability may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The products and Services are only available in the jurisdictions in which Covered is licensed.

5. Eligibility

In order to use our Site and Service, you must meet a number of conditions, including but not limited to:
  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over these Terms, Covered, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
  • You must not sign up or use the Services on behalf of a natural person other than yourself (unless you have legal authority to do so).
  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
  • You must be procuring insurance coverage for personal property garaged or located in the United States of America. Covered does not provide insurance coverages outside of the United States of America.
  • You and/or your spouse must be a resident of the United States (in certain circumstances depending upon underwriting requirements by our carriers).

6. Marketing Calls

By providing your phone number to us, you agree that Covered (together with its affiliates, agents, contractors, and telephony vendors may contact you by phone or text message for any purpose, including calls or texts placed using automatic telephone dialing system or an artificial or prerecorded voice, and even if my number appears on any do-not-call list.  To opt-out of these messages, respond to a text with “END” or send an email to marketing@itscovered.com. Message and data rates may apply. Consent to these marketing communications is optional and not required for Services, and you can unsubscribe anytime.

7. Covered Account

In order to use our Site and/or Service, you may be required to register by creating a user account (“Covered Account”). When creating your Covered Account, you must submit certain personal information, as requested by us. By using our Services and creating a Covered Account, you agree to submit accurate, up-to-date, complete, and truthful information, and to promptly update such information to keep it true, accurate, current, and complete. You are responsible for your Covered Account and all activity that takes place in connection with your Covered Account. You agree to maintain the security and secrecy of the username and password associated with your Covered Account, and to notify Covered immediately of any unauthorized use of your Covered Account. Covered is not liable for any loss that you may incur if someone else accesses your Covered Account using your account credentials. You may only possess one Covered Account. Covered reserves the right to reject or terminate any User’s Covered Account without notice or explanation. No suspension or deactivation of your Covered Account will limit or otherwise waive any other recourse or remedy that we may have against you.

8. Payment and Taxes

You understand and agree that use of Covered Services may result in charges to you for insurance products or coverage you receive from third party insurance providers (“Carriers”). You are responsible for all taxes and fees associated with your use of the Service.

Covered may facilitate your payment of fees, premiums, and/or taxes on behalf of the Carriers as such Carrier’s limited payment collection agent. All charges shall be inclusive of applicable taxes as required by law. All charges are final and non-refundable except as otherwise provided in applicable insurance policy contracts.

Payment of our Carrier’s fees and premiums are due in accordance with payment plan selection and payment will be facilitated by Covered, after which Covered or, where applicable, the Insurance Partner will send you a receipt. Covered may use third-party payment processors to process payments made on the Site, in which case your payments on the Site may be subject to additional terms from such third-party payment processors.

9. Modifications to the Services

We reserve the right at any time to modify or discontinue the Site or Services (or any part or Content) generally as well as with regard to any individual Covered Account without notice at any time. Covered reserves the right to reclaim and repurpose any username or URL on the Site. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site or Services.

10. Rules of Use, Disclaimer of Use

All of the content in the Site is made available only for your personal, lawful, non-commercial use in connection with seeking insurance. Use of the Site or Services by a competitor company or other non-consumer third party is prohibited. You may not use our Site or Services for any unlawful purpose, including but not limited to in violation of copyright laws. In addition to other prohibitions as set forth in these Terms, you must not:
  • Use the Site or Services to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances, or to solicit others to perform or participate in any unlawful acts.
  • Use the Site or Services to infringe upon or violate our Intellectual Property rights or the Intellectual Property rights of others.
  • Use the Site or Services to submit false or misleading information.
  • Use the Site or Services to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet.
  • Use the Site or Services to collect, track, and/or publish the personal information of others.
  • Interfere with or circumvent the security features of the Site, Services or any related website, other websites, or the Internet.
  • Upload any materials or information that you do not have a right to make available under applicable law or contractual or fiduciary relationships.
  • Impersonate another person or entity, misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
  • Manipulate electronic identifiers to disguise the origin of any materials or information that you provide or upload.
  • Modify, reverse-engineer, or de-compile the Site in any manner through current or future available technologies. Further, you will not copy, translate, transmit, display, port, distribute, modify, attempt to derive, or gain access to source code of, or make derivative works of the Site or Content, nor permit or assist anyone in performing such prohibited acts. You will not access the Site or Services with the intent to develop or market a competing product or service, or to enable a third party to do so.
  • Sell, resell, rent, transfer, or provide to any third party (e.g. service bureau or outsourcing), your access to the Site or the Services, or use any spiders, crawlers, framing, or data mining tools to access any Content.
  • Use the Site or Services in any manner that could damage, overburden, or interfere with the Site, the Services, other users’ devices, or any other software, hardware, or telecommunications equipment.
Additionally, you acknowledge the following:
  • We reserve the right to terminate your use of the Site, Services or any other related website for engaging in any of the prohibited uses.
  • We reserve the right to limit functionality of your Covered Account (temporarily or permanently) due to technical, security, legal, or other reasons, including, but not limited to:
    • Your ability to log into your account; and
    • Your ability to edit existing information.

11. Covered’s Intellectual Property Ownership

Covered or its affiliates or licensors own or license all aspects of the Intellectual Property contained in and related to the Site, Services, and Content. All such Intellectual Property is protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries, and as between the parties will continue to be owned by Covered. Covered relies on the uniqueness of its Services and content to distinguish itself from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the Content made available on the Site or through the Service, including Content licensed to Covered by third parties, without receiving our prior written permission. Further, you may not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute, perform publicly, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer, or sell any Intellectual Property, or any other information, software or products obtained from or through the Site or Services, in whole or in part, without the express written permission of Covered. We may also revoke our consent for your use of our Intellectual Property, or any other permission granted to you under these Terms, at any time. You agree that if we so request, you must take immediate action to remove any usage of our Intellectual Property that you may have engaged in, even if it would cause a loss to you.

As between the parties you will continue to own Your Information. You hereby grant to Covered and its designees a royalty-free, fully-paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use Your Information and Usage Data for any legitimate business purpose and in accordance with applicable law, including, without limitation for development, optimization and training of AI Functions. No credit, approval or compensation is due to you for any such use of Your Information or Usage Data. If you provide any content, ideas, information, or suggestions to Covered with respect to the Site or Services (“Feedback”), you hereby grant to Covered a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use the Feedback for any legitimate business purpose, without your further approval and without any credit, notice or compensation to you.

12. Copyright Infringement Notification

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name and information reasonably sufficient to permit Covered to contact you, such as an address, telephone number, and, if available, an email address.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy and information sufficient for us to locate the infringing material.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically or physically and send it to our Copyright Agent at notifications@itscovered.com. Letters containing the foregoing may be mailed to: Copyright Agent Covered Insurance Solutions, LLC 1391 Speer Blvd, Suite 850 Denver, CO 80204. Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regard to any allegation of trademark infringement, and we will address it as soon as practicable.

13. Third-Party Sites

At times, the Site may have links to websites hosted by other parties (“Third-Party Sites”), or such Third-Party Sites may have links to the Site. Links to Third-Party Sites are offered strictly for informational purposes and should not be construed as referrals or endorsements by Covered of the Third-Party Sites. The Third-Party Sites are hosted and maintained by the respective third parties and are governed by their own terms of service and privacy policies. You should read the privacy policies and terms of use agreements of all Third-Party Sites. Covered is not responsible for the content of Third-Party Sites, nor does Covered make any warranties or representations with regard to the content, accuracy, opinions, warranties, products or services, privacy or security, intellectual property compliance, or links of such Third-Party Sites.

14. Representations & Warranties

YOUR USE OF, OR RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE, SERVICES, OR CONTENT IS AT YOUR OWN RISK. THE SITE, SERVICES, AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS. COVERED, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS, OR ANY OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE, SERVICES, OR CONTENT, OR ANY OF THEIR RESPECTIVE ASSIGNS (COLLECTIVELY, THE “COVERED PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SITE, THE SERVICES, OR THE CONTENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING DISCLAIMER, INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THESE TERMS DO NOT INCORPORATE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS OTHER THAN THOSE EXPRESSLY LISTED IN THESE TERMS.

BY WAY OF EXAMPLE (AND NOT LIMITATION), THE COVERED PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COVERED PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE OR SERVICES FOR ANY PURPOSE, OR THE CONFIDENTIALITY AND SECURITY OF ANY DATA PROVIDED BY YOU TO COVERED, INCLUDING YOUR INFORMATION. 

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU, INCLUDING THROUGH USE OF OUR SITE OR SERVICES. WE ARE ALSO NOT RESPONSIBLE FOR ANY ACTIONS BY AN ADMINISTRATOR, MANAGER, EMPLOYEE, OR OTHER USER WHICH MAY CAUSE HARM TO YOU, EVEN IF WE BECOME AWARE IN ADVANCE THAT SUCH ACTIONS MAY OR WILL OCCUR AND DO NOT NOTIFY YOU.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION PROVIDED THROUGH OUR SERVICE OR ANY OTHER DAMAGE THAT MAY ARISE FROM SUCH CONTENT. WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES PROVIDED BY OUR SERVICE OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Those who access or use the Services from other jurisdictions not in the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign, and local laws and regulations, including but not limited to export and import regulations. Your promise and agree to use the Services in strict compliance with any local, domestic, national, and/or territorial laws, rules, and regulation that are or may be applicable.

 

15. Use of Artificial Intelligence / Machine Learning

From time to time, Covered may use or include features and capabilities that utilize artificial intelligence, machine learning, or similar technology (“AI Functions”) as part of the Site or Service. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, MATERIALS OR ADVICE OBTAINED BY YOU THROUGH USING THE AI FUNCTIONS IS AT YOUR SOLE RISK. YOU SHOULD ALWAYS CONDUCT INDEPENDENT FACT-CHECKING BEFORE RELYING ON ANY FACTUAL ASSERTIONS INCLUDED IN OUTPUT FROM THE AI FUNCTIONS. FURTHER, YOU SHOULD ALWAYS INDEPENDENTLY REVIEW THE FUNCTIONALITY OF ANY SUCH OUTPUT AND ITS SUITABILITY FOR YOUR NEEDS. NO SUCH INFORMATION, SUGGESTIONS, OR OUTPUT OBTAINED BY YOU FROM COVERED OR THROUGH THE AI FUNCTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND THE DISCLAIMERS IN SECTION 15 EXPRESSLY APPLY TO ANY OUTPUT FROM AI FUNCTIONS.

Further, you may not use the AI Functions or any output therefrom: (i) to develop algorithms, functionality or models that compete the AI Functions; (ii) to mislead any person that such output from the AI Functions was human-generated; (iii) in a manner that violates these Terms, or any technical documentation, usage guidelines, or parameters provided to you by Covered; or (iv) in a manner that infringes, violates, or misappropriates any of our rights or the rights of any third party.

 

16. Limitation of Liability

In no event shall the Covered Parties be liable to any person or entity whatsoever for any indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site or Services; (iii) unauthorized access to, loss of, or tampering with your personal information or transmissions; (iv) errors or inaccuracies contained in the Site, Services, or Content; (v) any transactions entered into through or in connection with the Site or Services, (vi) any property damage including damage to your devices or computer system caused by viruses or other harmful components during or on account of access to or use of the Site or Services, including hyperlinked content or Third-Party Materials; or (vii) damages otherwise arising out of your use of or access to the Site, the Services, or Content linked to or from the Services. To the fullest extent allowable under applicable law, in no event shall the aggregate liability of the Covered Parties under these Terms, or your use of the Site, Services or Content exceed the total amount paid by you to Covered, if any, for accessing the Site or Services, or if no such amount is paid by you, an amount of $100.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

17. Indemnity

You agree to indemnify and hold Covered Parties harmless for any claims by you or any third party which may arise from or relate to these Terms or the provision of the Site, Services or Content to you, including any damages caused by your use of our Site, Service, or Content, or the permitted use by others of your license and account. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

18. Choice of Law

These Terms shall be governed by the laws in force in the State of Delaware. The offer and acceptance of these Terms are deemed to have occurred in the State of Delaware.

 

19. Forum of Dispute

You agree that any dispute arising from or relating to these Terms will be heard solely by a court of competent jurisdiction in the State of Colorado. 

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

YOU HEREBY AGREE AND ACKNOWLEDGE THAT BY AGREEING TO THESE TERMS, YOU AND COVERED EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM RELATED TO THE SITE OR SERVICES OR SUBJECT TO THESE TERMS.

20. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

21. Severability

In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, these Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of these Terms are deemed to conflict with each other’s operation, Covered shall have the sole right to elect which provision remains in force.

22. Non-Waiver

overed reserves all rights afforded to us under these Terms as well as under the provisions of any applicable law. Our election not to enforce any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

23. Termination & Cancellation

We may terminate your access to our Services at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Under no circumstances, including termination or cancellation of our Services to you, will we be liable for any losses related to actions of other Users.

24. Assignment of Rights

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.

25. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Covered must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to notifications@itscovered.com.

Additionally, California consumers may file complaints with: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.