Terms & Services

1. Agreement to terms

These Terms and Services ("Terms") govern your access to and use of the websites, mobile experiences, member portals, and related digital properties operated by Art State of Mind ("Company," "we," "us," or "our"), including artstateofmind.com (collectively, the "Services"). By accessing or using the Services, creating an account, submitting a form, or initiating an application for insurance products, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

We may modify these Terms at any time. Material changes will be posted on this page with an updated effective date. Continued use after changes constitutes acceptance. For enrolled policyholders, certain modifications may also be communicated through policy notices where required by applicable insurance regulations.

2. Eligibility and accounts

You must be at least the age of majority in your jurisdiction to enter into binding contracts and use the Services for insurance transactions. When creating an account, you agree to provide accurate, current, and complete information and to update such information as needed. You are responsible for safeguarding login credentials and for all activities under your account. Notify us promptly through the contact form if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms, present fraud risk, or remain inactive for extended periods, subject to obligations we owe under in-force policies.

3. Nature of website content

Information on the Services—including articles, calculators, sample premiums, coverage descriptions, and educational graphics—is provided for general informational purposes. It does not constitute legal, tax, or professional advice, and it is not a binding offer of insurance. Only a licensed producer or authorized representative can provide a formal quote, and only a policy contract, certificate, or endorsement issued by the insurer forms the binding agreement of coverage.

Coverage summaries on the Services may simplify complex policy language. In the event of any inconsistency between website content and your issued policy documents, the policy documents control. Always review declarations pages, insuring agreements, exclusions, conditions, and endorsements before relying on coverage.

4. Insurance applications and underwriting

When you submit an application or request a quote, you authorize us and our insurer partners to obtain information relevant to underwriting, which may include prior claims history, motor vehicle records, credit-based insurance scores where permitted, property inspection reports, and publicly available data. You represent that all application answers are true and complete. Material misrepresentation may void coverage or permit rescission in accordance with policy provisions and applicable law.

We may decline, postpone, or modify offers based on underwriting guidelines. Premiums shown during exploration are estimates until confirmed at bind. Payment of premium does not guarantee issuance if additional review is required.

5. Electronic communications and signatures

By using the Services, you consent to receive communications electronically, including policy documents, renewal notices, claim correspondence, and marketing messages where you have opted in. Electronic delivery satisfies legal writing requirements where allowed. You may withdraw marketing consent via the unsubscribe page without affecting transactional notices necessary to service active policies.

Electronic signatures and click-through acceptances captured in our enrollment flow have the same force as handwritten signatures where permitted by law.

6. Acceptable use

You agree not to: (a) use the Services for unlawful, fraudulent, or abusive purposes; (b) attempt to gain unauthorized access to systems, accounts, or data; (c) introduce malware or interfere with network operation; (d) scrape, harvest, or resell content without written permission; (e) impersonate any person or misstate your affiliation; (f) submit false claims or supporting documentation; or (g) harass employees, agents, or other users.

We may investigate violations and cooperate with law enforcement. Violations may result in termination of access and reporting to fraud bureaus or regulators.

7. Intellectual property

The Services and their content—including text, graphics, logos, icons, images, audio, video, software, and compilation thereof—are owned by the Company or its licensors and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes related to obtaining information or managing your relationship with us.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit our content without prior written consent. Trademarks and service marks displayed on the Services may not be used without permission.

8. Third-party links and tools

The Services may contain links to third-party websites, payment processors, telehealth partners, or agent locator tools. We do not control and are not responsible for third-party content, privacy practices, or availability. Accessing third-party resources is at your own risk and subject to their terms.

9. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

No advice or information obtained through the Services creates any warranty not expressly stated in these Terms or in your policy contract.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART STATE OF MIND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT OR (II) ONE HUNDRED CURRENCY UNITS EQUIVALENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Nothing in these Terms limits liability that cannot be limited under insurance law, including insurer obligations under issued policies, which are governed separately by those contracts.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, violation of these Terms, infringement of third-party rights, or fraudulent claims activity attributable to you.

12. Claims handling reference

Claims must be reported through designated channels described in your policy or member portal. These Terms do not alter claim payment obligations, exclusions, or cooperation clauses contained in your insurance contract. Failure to comply with policy conditions—such as timely notice, proof of loss, or examination under oath when requested—may affect coverage outcomes.

13. Arbitration and governing law

Except where prohibited for particular insurance disputes, you and the Company agree that controversies arising out of these Terms or the Services will be resolved through binding individual arbitration rather than in court, unless you opt out within thirty days of first accepting these Terms by submitting written notice through our contact form with the subject line "Arbitration Opt-Out." Class actions and representative proceedings are waived to the extent allowed by law.

These Terms are governed by the laws of the jurisdiction in which the Company is domiciled, without regard to conflict-of-law rules, except that insurance policy interpretation remains subject to the law specified in the policy.

14. Severability and assignment

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. You may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets, subject to notice where required.

15. Contact

Questions about these Terms may be submitted through the Contact Us form. Policyholders should also reference documents included with their welcome kit for state-specific notices and complaint procedures.