These Terms of Service ("Terms") govern your access to and use of the website, online quoting tools, and the Waypoint client portal (collectively, the "Services") operated by Navigator Truck Insurance Agency, Inc. ("Navigator," "we," "us," or "our"), an independent insurance agency with its principal place of business at 529 Baldwin St, Jenison, MI 49428. By accessing or using the Services, requesting a quote, applying for coverage, or logging into Waypoint, you ("you," "your," or "User") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
1. Who We Are; Nature of Our Services
Navigator Truck Insurance Agency, Inc. is an independent insurance agency licensed to sell, solicit, and negotiate insurance. We are not an insurance company or underwriter. We represent multiple insurance carriers ("Carriers") and help match commercial trucking businesses with commercial trucking insurance products offered by those Carriers. Any insurance policy issued as a result of your use of the Services is a contract between you and the issuing Carrier, not between you and Navigator.
We are licensed as an insurance producer in the states in which we conduct business; specific state license information is available upon request or by searching our agency name at the National Insurance Producer Registry (NIPR) at www.nipr.com.
2. Eligibility
The Services are intended for business use by individuals who are at least 18 years old and who have the authority to act on behalf of, and bind, the trucking business or entity for which insurance is being requested. By using the Services, you represent that you meet these requirements and that all information you provide is accurate and that you have authority to submit it on behalf of your business.
3. Description of the Website and Online Services
Our Services may include: (a) general information about Navigator and the commercial trucking insurance products we help arrange; (b) forms through which you may request a quote or ask us to contact you; (c) online tools through which you may receive quotes and, where available, apply for or bind coverage electronically; and (d) Waypoint, our proprietary client portal (waypoint.navigatortruckinsurance.com), through which existing clients may view policy information and documents and manage aspects of their account. Not all features are available to all users or in all states, and availability may change without notice.
4. Quotes, Applications, and Binding of Coverage
(a) Quotes are estimates only. Any quote provided through the Services, whether generated instantly online or provided by a member of our team, is an estimate based on the information available at the time and is not a guarantee of coverage, price, or terms. (b) No coverage until confirmed. Coverage is not in effect, and no binder exists, until you receive written confirmation from Navigator or the applicable Carrier that coverage has been bound, along with policy or binder documentation. Submitting an online application or clicking to “bind” coverage through the Services does not by itself guarantee that coverage will be issued; all applications remain subject to underwriting review and approval by the applicable Carrier. (c) Accuracy of information. You are solely responsible for the accuracy and completeness of all information you submit, including information about your drivers, vehicles, cargo, operations, and loss history. Incomplete, inaccurate, or misleading information may result in delayed, denied, reduced, or voided coverage, and you agree to promptly correct and update any information that changes. (d) Coverage terms control. In the event of any conflict between information displayed through the Services and the actual policy, binder, or other documents issued by a Carrier, the Carrier's official policy documents control.
5. Waypoint Client Portal
(a) Account registration. To use Waypoint, you must register for an account and provide accurate, current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. (b) Security. You agree to notify us promptly at clientservice@navigatortruckinsurance.com if you suspect any unauthorized access to or use of your Waypoint account. (c) Portal content. Waypoint may display policy documents, billing and payment information, and other account details for your convenience. While we work to keep this information current, the Carrier's official records control in the event of any discrepancy.
6. Payments
Where the Services allow online payment of premiums, fees, or other amounts, payments are processed through a third-party payment processor. Your use of that payment processor's services is subject to the payment processor's own terms of service and privacy policy, in addition to these Terms. Navigator does not store your full payment card information. All premium payments are ultimately subject to the billing, refund, and cancellation terms of the applicable Carrier and policy; Navigator does not guarantee refunds, and any premium refund is subject to Carrier approval and applicable state law.
7. Communications
By providing your phone number or email address through the Services, you consent to receive communications from us related to quotes, applications, policy servicing, account activity, and customer service by phone, email, and text/SMS message, which may include the use of automated technology.
Message and data rates may apply. You may opt out of marketing communications at any time by following the unsubscribe instructions provided or by contacting us at clientservice@navigatortruckinsurance.com. Opting out of marketing communications does not affect service-related or transactional communications necessary to administer your policy.
8. Acceptable Use
You agree not to: (a) provide false, fraudulent, or misleading information in connection with a quote, application, or claim; (b) access or attempt to access another user's Waypoint account or data without authorization; (c) interfere with, disrupt, or attempt to gain unauthorized access to the Services, including through scraping, bots, or other automated means not authorized by us; (d) use the Services for any unlawful purpose or in violation of any applicable state or federal law or regulation, including those governing commercial motor carriers; or (e) reverse-engineer, copy, or resell any part of the Services without our prior written consent.
9. Intellectual Property
All content on the Services, including text, graphics, logos, the Navigator and Waypoint names and marks, and the underlying software, is owned by Navigator or its licensors and is protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from any part of the Services without our prior written consent.
10. Third-Party Links and Carrier Sites
The Services may link to, or integrate with, websites and portals operated by insurance Carriers or other third parties (including our payment processor). We do not control and are not responsible for the content, terms, or privacy practices of those third-party sites. Your use of any third-party site is governed by that site's own terms.
11. Disclaimers
THE SERVICES, INCLUDING ANY QUOTES OR INFORMATION PROVIDED THROUGH THEM, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY QUOTE WILL RESULT IN ISSUED COVERAGE AT THE QUOTED PRICE OR TERMS. NAVIGATOR DOES NOT GUARANTEE THE FINANCIAL STRENGTH, SOLVENCY, OR CLAIMS-PAYING ABILITY OF ANY CARRIER.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NAVIGATOR AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, NAVIGATOR'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE
AMOUNT OF FEES, IF ANY, YOU PAID DIRECTLY TO NAVIGATOR (AS DISTINCT FROM INSURANCE PREMIUM PAID TO A CARRIER) IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) $500. NOTHING IN THESE TERMS LIMITS NAVIGATOR'S LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE INSURANCE OR OTHER LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless Navigator and its officers, employees, and agents from and against any claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) inaccurate or fraudulent information you provide; or (c) your violation of any law or the rights of a third party.
14. Privacy
Our collection and use of personal information in connection with the Services is described in our Privacy Policy, available upon request, which is incorporated into these Terms by reference.
15. Term; Suspension; Termination
These Terms apply for as long as you use the Services. We may suspend or terminate your access to the Services, including your Waypoint account, at any time, with or without notice, including if we believe you have violated these Terms. Termination does not affect any existing insurance policy, which remains governed by its own terms and by the agreement between you and the applicable Carrier.
16. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Agreement to arbitrate. Except as set out below, you and Navigator agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by a mutually agreed-upon neutral arbitration provider, under that provider's commercial arbitration rules then in effect, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. If the parties cannot agree on an arbitration provider, either party may petition a court of competent jurisdiction to appoint one. (b) Class action waiver. YOU AND NAVIGATOR 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. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims. (c) Exceptions. Nothing in this section prevents either party from seeking injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, or from filing a complaint with a state insurance regulator. (d) Opt-out. You may opt out of this arbitration agreement by sending written notice to clientservice@navigatortruckinsurance.com within 30 days of first accepting these Terms; your notice must include your name and a clear statement that you wish to opt out of arbitration.
(e) Location and costs. Arbitration will be conducted in Ottawa County, Michigan, or another mutually agreed location, or, where permitted by the arbitration provider's rules, remotely. Each party is responsible for its own arbitration costs and fees except as otherwise required by applicable law or the arbitration provider's rules.
17. Governing Law; Venue
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. Subject to Section 16 (Dispute Resolution), any action not subject to arbitration will be brought exclusively in the state or federal courts located in Ottawa County, Michigan, and you consent to the personal jurisdiction of those courts.
18. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date above and, where appropriate, provide additional notice (such as posting a notice on the Services or notifying you through Waypoint or email). Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
19. Miscellaneous
(a) Entire agreement. These Terms, together with any Privacy Policy and any policy or binder documents issued by a Carrier, constitute the entire agreement between you and Navigator regarding the Services. (b) Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. (c) No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. (d) Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. (e) Force majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control.
20. Contact Us
If you have questions about these Terms, please contact us:
Navigator Truck Insurance Agency, Inc. 529 Baldwin St, Jenison, MI 49428 Email: clientservice@navigatortruckinsurance.com