Terms of Service
1. Acceptance of Terms
By accessing or using ParityPoint, you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.
2. Use of the Service and Data Accuracy
The Service processes the policy illustration data and assumptions you input. You are entirely responsible for the accuracy of the data you enter. The Service does not audit, verify, or cross-reference your inputs with your insurance carrier. Incorrect inputs will result in inaccurate mathematical outputs.
We may modify, improve, or change the Service, its methodology, and the format of its reports over time. Reports you have previously generated reflect the Service as it existed at the time of generation and may differ from reports generated under later versions.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARITYPOINT, ITS FOUNDERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSSES, LOST PROFITS, OR OPPORTUNITY COSTS.
4. Cap on Damages
In the event that a jurisdiction does not allow the exclusion of certain warranties or limitations of liability, our total aggregate liability to you for any claims arising out of or relating to your use of the Service is limited to the amount you paid us to use the Service (for example, the one-time analysis fee).
5. "As-Is" Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CALCULATIONS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED.
6. Intellectual Property
Our source code, visual design, report templates, and the specific implementation of the calculation methodology used by the Service are the exclusive property of ParityPoint LLC and are protected by applicable copyright and intellectual property laws. The Service implements industry-standard financial methodologies, including the Linton Yield framework, which are not themselves proprietary to us.
7. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in [COUNTY] County, [STATE], and you hereby consent to the personal jurisdiction of such courts.
8. Dispute Resolution and Arbitration
Please read this section carefully. It affects your rights.
Informal Resolution
Before initiating arbitration, the party with the claim must send a written notice describing the dispute to the other party, and the parties must allow 30 days for informal resolution.
Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved informally shall be resolved by binding arbitration administered by [ARBITRATION PROVIDER] under its applicable rules. Arbitration may be conducted by telephone, video conference, or on written submissions at the consumer's election, without an in-person hearing. Travel to [COUNTY] County is not required of the consumer. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Small Claims Carve-Out
Either party may bring an individual action in small claims court for any claim within that court's jurisdictional limit in lieu of arbitration.
Equitable Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
Class Action Waiver
YOU AND PARITYPOINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER DOES NOT APPLY TO CLAIMS FOR PUBLIC INJUNCTIVE RELIEF TO THE EXTENT SUCH WAIVER IS UNENFORCEABLE UNDER APPLICABLE LAW.
9. Professional or Commercial Use
The Service is licensed for individual, non-commercial use by the policyholder of the policy being analyzed. Use of the Service by financial planners, insurance professionals, or other persons or entities to analyze policies held by third parties, or to generate reports for client delivery, requires a separate written agreement with ParityPoint LLC. Contact us at the address below to inquire about professional or white-label licensing.
Contact
ParityPoint LLC
[Street Address]
[City, State ZIP]
Email: [contact@paritypoint.com]