Terms of Use | The Cooperative of American Physicians

Last Updated: December 1, 2025

The following Terms of Use (“TOU”) govern your use of this website (www.capphysicians.com) and our mobile application (CAPMobile) (collectively, the “Services”). References to “we,” “our,” “us” or “CAP” herein refer to Cooperative of American Physicians, and its brands, affiliates and service providers.

The CAP Services are offered to you conditioned on your acceptance without modification of the TOU. Your use of the Services constitutes your agreement to all such terms, conditions, and notices.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, AS SET OUT IN MORE DETAIL BELOW.

THE SERVICES ARE INTENDED ONLY FOR INDIVIDUALS RESIDING IN THE UNITED STATES. ALTHOUGH THE SERVICES MAY BE ACCESSED FROM AROUND THE WORLD, THE SERVICES HAVE BEEN DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES. IF ANY MATERIAL ON THE SERVICES, OR YOUR USE OF THE SERVICES, IS CONTRARY TO THE LAWS OF THE COUNTRY WHERE YOU ARE WHEN YOU ACCESS IT, THE SERVICES ARE NOT INTENDED FOR YOU, AND YOU SHOULD NOT ACCESS OR USE THE SERVICES. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM.

If you are entering into these TOU on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these TOU, in which case the term “you” shall refer to such entity. If you do not have such authority, or if you do not agree with these TOU, you must not accept these TOU and may not use the Services.

Modification of These Terms of Use

CAP reserves the right to change these TOU at any time, without prior notice to you. If we change these TOU, we will post the modified TOU on this page and change the Last Updated date. Please check these TOU each time you use these Services. These changes will take effect immediately upon posting. By continuing to use our Services following such changes, you will be deemed to have agreed to such changes. If you do not agree to the changes in our TOU, it is your responsibility to stop using our Services.

No Unlawful or Prohibited Use

You will not use the Services for any purpose that:

Is unlawful or prohibited by these terms, conditions, and notices.
Could damage, disable, overburden, or impair Services or interfere with any other party's use and enjoyment of the Services.
Obtains or attempts to obtain any materials or information through any means not intentionally made available or provided for through the Services.
Modifies, translates, decompiles, reverse engineers, recreates, disassembles, or otherwise attempts to determine the makeup or source code of the Services or make any unauthorized changes to or copies of the Services.
Circumvents, disables, removes, avoids, bypasses, deactivates, impairs or otherwise interferes with any (i) security-related features of the Service or (ii) features that prevent, restrict, or limit use or copying of any content posted on the Services.
Involves a web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the Service.
Uploads, posts, emails, or otherwise transmits any material that contains trojan horses, worms, malicious software, viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Frames the Services or accesses or uses the Services through an interface other than one we provide to you, display the Service in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between us and any third party or potentially deprive us of revenue (including revenue from advertising, branding, or promotional activities).
Falsifies or delete any author attributions, legal, or other notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Service.

Instant Quote Disclaimer

The information and content provided on or accessed through CAP’s Instant Quote are intended for general, informational purposes only, and do not guarantee that you will receive any coverage offers or coverage approvals, conditional or otherwise. Medical professional liability coverage is provided to CAP members by the Mutual Protection Trust (MPT), an unincorporated interindemnity arrangement organized under Section 1280.7 of the California Insurance Code. Members pay assessments, based on risk classifications, for the amount necessary to pay claims and administrative costs. No assurance can be given as to the amount or frequency of assessments. Members also make an Initial Trust Deposit, which is refundable according to the terms of the MPT Agreement.

Advice received via the CAP Services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Materials Provided to CAP or Posted on Any CAP Services

CAP does not claim ownership of the materials you provide to us (including feedback and suggestions) or any materials you post, upload, input or submit to any CAP Services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us and our affiliated companies and necessary sublicensees the rights, without limitation, to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. CAP is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein.

Disclaimer of Warranties

CAP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE “CAP PARTIES”) MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE. CAP ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR HARM THAT OCCURS RESULTING FROM YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES CONTAINED IN THIS SECTION, THE EXCLUSIONS IN THIS SECTION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE SERVICES ARE PROVIDED BY CAP ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS ALSO INCLUDES ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

CAP DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE SERVICES. CAP DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED OR INFORMATION ARE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CAP AND/OR THE CAP PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS, OR LIABILITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SERVICES.

BY USING OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES ARE TO STOP USING THE SERVICES.

IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ANY EVENT, THE TOTAL LIABILITY FOR CAP SHALL BE $100.00 USD.

Indemnity

As permitted by applicable law, you agree to, and you hereby, defend (if requested by CAP), indemnify, and hold CAP and/or the CAP Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against CAP and/or the CAP Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services; (ii) your breach or alleged breach of these TOU; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or regulatory authorities in connection with your use of the Services; (iv) any misrepresentation made by you; and (v) CAP use of the information that you submit to us. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Dispute Resolution; Waiver of Right to Class Actions

Important: This section impacts certain legal rights and includes a waiver of the right to participate in any form of class, mass, collective, or representative action, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

Good Faith Informal Resolution. In the unlikely event that a disagreement arises between you and CAP regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services (a “Dispute”), prior to initiating any legal action, you must first contact us directly by email at [insert email address]. You must describe the nature of the Dispute, the basis for your claims and the resolution you are seeking.

You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any CAP Party or third party if CAP could be liable, directly or indirectly, for such Dispute.

During the 60 business days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60-business-day time period, you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.

Class or Collective Action Waiver. You agree that you will not sue CAP or CAP Parties as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class or collective action lawsuit against CAP or CAP Parties. Nothing in this section, however, limits your rights to bring a lawsuit as an individual plaintiff.

Time Bar. ANY CLAIM OR ACTION AGAINST CAP OR CAP PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED – OR WITHIN THE STATUTE OF LIMITATIONS FOR SUCH CLAIM – WHICHEVER IS SHORTER. ANY CLAIM THAT IS NOT FILED WITHIN THAT TIME WILL BE FOREVER BARRED.

Termination / Access Restriction

CAP reserves the right, in its sole discretion, to terminate your access to the CAP website and the related services or any portion thereof at any time, without notice.

Governing Law

To the maximum extent permitted by law, this TOU is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the CAP Services. Use of the CAP Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CAP as a result of this agreement or use of the CAP Services. CAP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of the CAP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CAP Services or information provided to or gathered by CAP with respect to such use.

Severability

If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this TOU constitutes the entire agreement between the user and CAP with respect to the CAP Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the CAP.

Copyright And Trademark Notices

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Contact Us

If you have any questions, please feel free to contact us at: communications@CAPphysicians.com

Mobile App Terms

Mobile App Users. Our mobile application, CAPMobile (“App”) is designed to work on compatible iOS and Android mobile devices and is generally available through third-party mobile stores (i.e., Apple’s App Store or the Google Play Store (each an “App Store”)). If you are accessing the Services through an App, you agree that you will read each App Store’s terms and conditions that apply to your use of the App. You agree that only your mobile service carrier or Internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your mobile device directly with your carrier or provider without involving us.

Terms Specific to Apple Mobile Devices. If you are accessing or using the App on any Apple mobile device, the following additional terms and conditions (“Terms”) are applicable to you and are incorporated into these TOU by this reference:

To the extent that you are accessing the App through an Apple mobile device, you acknowledge that these Terms are entered into between you and CAP, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.
1. CAP in its sole discretion will determine when the App will be available on any Apple mobile device, and reference to any device in these Terms shall not guarantee that CAP will launch the App on any or all of the Apple mobile devices.
  1. When accessing and/or using the Services via the App, the rights granted to you in these TOU is subject to the permitted “Usage Rules” set forth in the App Store Terms of Service located at http://www.apple.com/legal/itunes/us/terms.html and any third party terms of agreement applicable to the App. You are also subject to the Apple App Store Terms of Services, which you also acknowledge that you have had the opportunity to review.
  2. You acknowledge that CAP, and not Apple, is responsible for providing the App and content thereof.
  3. As between CAP and Apple, CAP is solely responsible for providing any maintenance and support services with respect to the App that CAP may offer (which, if provided, is provided at CAP’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
  4. You and CAP acknowledge that CAP, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including, but not limited to, (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
  5. Further, you agree that if the App or your possession and use of the App infringes a third party’s intellectual property rights, CAP, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the App.
  6. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
  7. When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (“jailbroken”) device.
  8. TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, CAP, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICESAND IF THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS CAP’S SOLE RESPONSIBILITY.

Terms Specific to Android Mobile Devices. If the App is provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by this reference:

You acknowledge that Google is not responsible for providing support services for the App.

If any of the terms and conditions in this Agreement are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.