Application Agreement

AGREEMENT By clicking "I Agree", you acknowledge, represent and warrant that you are of sound mind, that you have read and understand the entire Agreement, and that you expressly agree to be bound by the terms and conditions contained in, linked to and/or referenced in the Agreement. 1. DEFINITIONS A. "Brown & Brown" means Braishfield® Inc., Brown & Brown, Inc., and any and all related entities, employees, affiliates, agents and licensors. B. "Brown & Brown Website" means the website, and all subsequent pages made available by or through Brown & Brown, located at the Uniform Resource Link (URL) www.braishfield.com as well as any other URL related to Brown & Brown. Please note, however, that the Brown & Brown Website may contain links to third party URLs. Once such a third party link has been accessed, a user is no longer accessing the Brown & Brown Website. C. "Insurance Product(s) and/or Insurance Service(s)" means one or more of the insurance programs, policies and/or agreements referenced herein and for which links are provided below: D. "We", "our" and "us" means Braishfield® Inc., Brown & Brown, Inc., and any and all related entities, and affiliates, agents and licensors. E. "You" and "your" means you the user and the individual executing this Agreement. 2. YOUR USE OF THE BROWN & BROWN WEBSITE A. Your use of the Brown & Brown Website shall be governed exclusively by the terms of this Agreement. B. The Brown & Brown Website includes original works of authorship (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of Brown & Brown or its suppliers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws. 1. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Brown & Brown or its suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Brown & Brown and protected by U.S. and international copyright laws. All software used on this site is the property of Brown & Brown or its suppliers and protected by United States and international copyright laws. 2. Trademark. "Brown & Brown", "Brown & Brown Insurance" and other word marks, graphics, logos (reproduced below), color schemes, etc. as indicated on the Brown & Brown website are trademarks, service marks and/or trade dress of Brown & Brown or its suppliers in the United States and/or other countries. Brown & Brown's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Brown & Brown's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brown & Brown. All other marks that are not owned by Brown & Brown's that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brown & Brown. 3. Patent. One or more patents may apply to the Brown & Brown Website and to the features and services accessible therein, including U.S. and foreign patents. 4. Trade Secret. The Brown & Brown Website may contain software or other information that is confidential and proprietary to Brown & Brown, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries. As part of Brown & Brown's efforts to maintain the secrecy of such information, You are prohibited from decompiling, reverse engineering and/or disassembling any portion or the whole of the Brown & Brown Website. C. To the extent that You receive software from Brown & Brown from Your use of the Brown & Brown Website, such software is deemed part of the Brown & Brown Website. D. Brown & Brown grants to You a non-exclusive and non-transferable license to: 1. Use the Brown & Brown Website as provided herein, until this Agreement is terminated; 2. Access, load, store and operate the Brown & Brown Website with browser software; and 3. Display, download and print portions of the Brown & Brown Website to investigate and/or purchase Insurance Product(s) and/or Insurance Service(s), subject to the limitations in this Agreement. E. Notwithstanding the above, you shall NOT, without the prior written consent of Brown & Brown: 1. Decompile, reverse engineer, disassemble and/or create derivative works from the Brown & Brown Website; 2. Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in the Brown & Brown Website; 3. Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Brown & Brown Website to any third parties; 4. Use the Brown & Brown Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the Brown & Brown Website; 5. For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Brown & Brown Website or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application; 6. Store the accessed, used, or downloaded Brown & Brown Website in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days; 7. Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Brown & Brown Website; or 8. Remove, modify, hide or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on the Brown & Brown Website, component thereof or output there from. F. You shall not interrupt, or attempt to interrupt, the operation of the Brown & Brown Website in any way. G. The Brown & Brown Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Brown & Brown Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement and may be a violation of the Digital Millennium Copyright Act of 1998, and will subject the violator to civil and criminal penalties. H. All downloading, printing or other use in excess of that provided herein requires PRIOR written permission from the website manager of Brown & Brown, by contacting 1-888-335-6616. I. Content in the Brown & Brown Website that is used or referenced in any print or electronic media must be done in accordance with generally accepted standards, and must provide for proper attribution to Brown & Brown. J. You may provide links to the Brown & Brown Website via email, provided: 1. You link only to the home page located at www.braishfield.com; 2. You do not remove, modify, or obscure, by framing or otherwise, advertisements, the copyright notice or other proprietary notices in the Brown & Brown Website; 3. You give Brown & Brown notice of such link by sending a fax to Brown & Brown Website Manager at 1-888-335-6615; and 4. You agree to immediately discontinue providing links to the Brown & Brown Website (a) if requested to do so by Brown & Brown, or (b) upon the termination of this Agreement. 3. YOUR REPRESENTATIONS & WARRANTIES You represent, warrant and covenant that: A. You are of a proper age to enter into this Agreement. B. You are entering this Agreement with a sound mind and not under duress or emotional distress. C. Any information that You have or shall provide to Us with respect to any Insurance Product or Insurance Service or in association with Your use of the Brown & Brown Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. D. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Brown & Brown Website and with respect to any Insurance Product or Insurance Service. E. You shall not use the Brown & Brown Website to infringe, misappropriate or violate any rights of Brown & Brown and/or any third party, including, but not limited to any customer of Brown & Brown or any entity associated with or visiting the Brown & Brown Website. F. You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein. The issue of Modification is set forth in Section 5, below. 4. PRIVACY STATEMENT We are committed to the issue of privacy with respect to the Brown & Brown Website. Please note, however, that Brown & Brown cannot and shall not take any responsibility with respect to the issue of privacy for any third party links accessed as a result of the use of the Brown & Brown Website, as set forth in more detail below. A. Information Brown & Brown Collects 1. Brown & Brown collects personal information about You when You use the Brown & Brown Website. 2. Type of Information. Brown & Brown receives and stores any information that You input into the Brown & Brown Website or provide to Brown & Brown in any other way. Information that Brown & Brown collects may include but is not limited to: (a) personal information that You input into the Brown & Brown Website when inquiring about and/or purchasing Insurance Products or Insurance Services, including Your address, birth date, occupation, medical information, Social Security number and Driver's License number. (b) information about Your transactions with third parties, such as balances and payment history. (c) information from a consumer reporting agency, such as credit-worthiness or credit history. (d) electronic information, including but not limited to Your email address, Internet Portal (IP) address, and token information. One popularly known token is a "cookie." Among other things, tokens allow for certain sections of the Brown & Brown Website to display information unique to You. For example, if You have submitted a contact form using the Brown & Brown Website, Your contact information may automatically appear on any subsequent contact forms or insurance quote forms. If You have disabled tokens such as cookies within Your web browser, You are still able to access the Brown & Brown Website, but You may not receive some of the same advantages as a user who has not disabled the use of tokens. B. Information Brown & Brown Discloses 1. Brown & Brown discloses Your information when it is necessary to provide information about Brown & Brown's Insurance Products and Insurance Services. 2. Brown & Brown may also disclose Your information when the law so requires or so permits. C. Steps To Protect Your Information All information passed between Your computer and Brown & Brown using the contact forms and insurance quote forms is encrypted using Secure Sockets Layer (SSL). By convention, website addresses that require an SSL connection start with https: instead of http:. D. Limits to Protection of Your Information The Brown & Brown Website may contain links to other websites that are not directly affiliated with the business practices or privacy practices of Brown & Brown. Brown & Brown is not responsible for the content or the privacy practices of such non-affiliated websites. 5. MODIFICATIONS A. To the Agreement. Brown & Brown has the right to modify this Agreement and any other Agreement or policy referenced in the Brown & Brown Website or linked to in the Brown & Brown Website. No notice is required for any such modification. Any modification is effective immediately upon posting to the Brown & Brown Website. Your continued use of the Brown & Brown Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications, including, but not limited to any change in the amount or type of fees associated with the Insurance Product(s) and/or Insurance Service(s) is to terminate your policy or policies. B. To the Brown & Brown Website. Brown & Brown has the right to modify, suspend or discontinue the Brown & Brown Website or any portion thereof at any time, including the availability of any area of the Brown & Brown Website, including, but not limited to, the online availability of any or all of the Insurance Product(s) and/or Insurance Service(s). Brown & Brown may also impose limits on certain features and services or restrict Your access to parts or all of the Brown & Brown Website without notice or liability. 6. Disclaimer of Warranties BROWN & BROWN MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, BROWN & BROWN DOES NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE BROWN & BROWN WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE BROWN & BROWN WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION, INCLUDING YOUR MEDICAL INFORMATION, WILL NOT BE DISCLOSED. 7. LIMITATIONS ON LIABILITY USE OF THE BROWN & BROWN WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION, INCLUDING YOUR MEDICAL INFORMATION, INTO THE BROWN & BROWN WEBSITE. BROWN & BROWN SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OF BROWN & BROWN. SPECIFICALLY, BROWN & BROWN SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEY'S FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. LIMITATION OF DAMAGES THE LIABILITY OF BROWN & BROWN, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE BROWN & BROWN WEBSITE OR THE INSURANCE PRODUCT(S) OR INSURANCE SERVICE(S) OFFERED THEREIN IS LIMITED TO THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE DOLLAR ($1.00). 9. TERM & TERMINATION A. This Agreement shall continue until terminated by Us or until You notify Us in writing, either via mail, email or fax, of Your decision to terminate this Agreement. B. Termination shall take effect within thirty (30) days of receipt of your request and We shall send you written confirmation thereof. A written confirmation shall be required from us as proof that a notice of termination was in fact received from You. Moreover, upon termination of this Agreement, You are still bound by the Provisions of Sections 2-4, 6-8 and 14-17. C. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEEMENT IN WRITING EITHER VIA E-MAIL, FACSIMILE OR REGULAR MAIL. YOUR CONTINUED USE OF THE BROWN & BROWN WEBSITE OR CONTINUED USE OF ANY OF OUR INSURANCE PRODUCT(S) OR INSURANCE SERVICES(S) FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, SHALL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS AND CONTINUATION OF THIS AGREEMENT. D. Either You BROWN & BROWN may terminate THIS AGREEMENT at any time. You understand and agree that termination is Your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term OR CONDITION CONTAINED IN OR REFERENCED IN this Agreement; (2) any policy or practice of Brown & Brown; (3) ANY DISCLOSURE OR USE OF YOUR INFORMATION, INCLUDING MEDICAL INFORMATION; and (4) Your ability to access and/or Use the Brown & Brown Website. E. If Brown & Brown terminates this Agreement, Brown & Brown reserves the right to refuse to provide any Insurance Product or Insurance Service to You in the future. 10. SEVERABILITY If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect. 11. WAIVER The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party. 12. NOTICE Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, thirty (30) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, (C) if by facsimile transmission, upon electronic confirmation thereof, or (D) if by next day delivery service, upon such delivery. 13. FORCE MAJEURE If the performance of any part of this Agreement by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement. 14. CHOICE OF LAW This Agreement shall be governed by and construed in accordance with the laws of Florida without regard to the principles of conflicts of laws. 15. JURISDICTION AND VENUE In all circumstances where subject matter jurisdiction lies for adjudication in the federal courts, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the United States District Court for the Middle District of Florida. In all other cases, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of Florida in Orange County. 16. WAIVER OF JURY TRIAL You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury with respect to any proceeding arising out of or in any way relating to this Agreement. 17. ATTORNEYS FEES You knowingly, voluntarily and intentionally agree to pay all costs and expenses, including attorneys fees, for Brown & Brown with respect to any proceeding arising out of or in any way relating to this Agreement, regardless of the outcome of said proceeding. 18. HEADINGS The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. 19. ENTIRE AGREEMENT This Agreement, together with the Insurance Product(s) and Service(s) referenced herein, constitute the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter. By clicking "I Agree" You agree that you, with a sound mind, have read and understand this agreement and agree to be bound by the terms and conditions contained in AND REFERENCED IN this Agreement.