IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
In this User Agreement, “we” and “us” refer to BRZ INSURANCE Inc. (“BRZ”), and “you” and “your” relate to the user visiting and utilizing the Site.
We reserve the right, in our discretion, to change or modify all or any part of this User Agreement at any time, for any reason or no reason. Any such change or modification will become effective immediately once it is posted on the Site. Your continued use of the Site constitutes your binding acceptance of this User Agreement, including any changes or modification made by us, as permitted above. If at any time the terms and conditions of this User Agreement are no longer acceptable to you, you should immediately cease all use of the Site. The updated, online version of this User Agreement shall supersede any prior version.
2. The Service
We currently provide users with access to a variety of online resources, including, but not limited to, our online quoting system, detailed account information, claim handling procedure guide, loss prevention information, and BRZ news (collectively, the “Service”). Unless explicitly stated otherwise, all resources, including any new features, that augment or enhance the current Service, including the release of any new Service, shall be subject to this User Agreement. We reserve the right to add, delete or change the Service at any time.
The information and descriptions contained in this Site are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by BRZ. The insurance coverage afforded by BRZ is subject to the terms and conditions of the policies issued. Products offered on the Site are underwritten by BRZ, Inc.
4. Third-Party Sites
This Site contains links to other Internet sites (“Third-Party Sites”) that are not maintained by BRZ. These links are provided solely for your convenience. BRZ makes no warranties or representations about the contents of, or any products or services offered in such Third-Party Sites.
5. Your Responsibilities
You are solely responsible for any information you provide to us or other users through your use of the Site, and we act merely as a conduit for its online distribution and publication. However, we reserve the right to take any action with respect to such information that we deem necessary or appropriate in our sole discretion (including editing and removal) if we believe it is inappropriate for the Site, may create liability for us, or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You agree that the information you provide to us or other users through your use of the Site will be accurate and will not: (i) infringe any third party’s copyright, trademark or other proprietary rights or rights of publicity or privacy; nor (ii) be defamatory, libelous, unlawfully threatening or harassing, or otherwise violate any applicable law or regulation.
Information you provide to the Site may be lost or destroyed or may be edited or removed from the Site by us. We are not responsible for the loss of such information. In addition, we may terminate your access to the Site at any time. Therefore, you should retain your own copies of important information you provide to the Site.
You may not use the Service to conduct any illegal business or activity.
6. Your Password
To use some services offered on the Site, you must register as a member or insurance agent. Your registration will remain active until you or we cancel it, as is described below. You agree that your registration information will always be correct and accurate. You agree that you will not use the login name of another person.
You, or your authorized representative(s) will be the only user of your Brzinsurance.com password, and neither you, nor your representative(s) will disclose your password to any other person. You are responsible for all use of the service, and any fees associated with the service, on your account whether authorized by you. By registering for a BRZ password, you agree that BRZ is authorized to act on instructions given under your BRZ password. You agree to notify us at ([email protected]) within 24 hours of discovery of any unauthorized use of your password or breach of security. You may request a change of your password at any time by e-mailing or otherwise giving written instruction to your underwriter. It is your responsibility to request a change of your password whenever you become aware that your current password is known by an unauthorized individual or has been compromised in any way. BRZ suggests but does not require, that you change your password on a regular basis.
By using this site and requesting a password you warrant that neither you nor your authorized representatives will reveal your password to any insurance company or to anyone employed by an insurance company. Further, you warrant that neither you nor your authorized representatives will reveal any information that is protected by password on this site to any insurance company or anyone employed by an insurance company. This includes all insurance companies, whether or not they are currently writing workers’ compensation insurance in your state. Your password is issued contingent upon this warranty. You are responsible for financial damages caused by violation of your warranty by you or your authorized representatives.
7. Term and Termination
We reserve the right to terminate this User Agreement and your use of the Site at any time for any reason or no reason. We will endeavor to notify you prior to our termination of your use of the Site at the e-mail address you provide during registration. Therefore, it is important that the contact information you provide is, and remains, accurate.
Subject to the Survival provisions below, you may terminate your obligations under this User Agreement at any time by ceasing to use the Site.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER BRZ NOR ANY OF ITS ASSIGNEES, LICENSEES AND PURCHASERS, AND THE OFFICERS, EMPLOYEES, AND AGENTS OF ALL OF THEM, OR BRZ’S SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS OF ALL OF THEM (ALL TOGETHER HERE KNOWN AS “ASSOCIATED ENTITIES”) WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
THE SITE IS OFFERED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SECURITY, TITLE, MERCHANTABILITY OR FITNESS FOR ALL PARTICULAR PURPOSE. ALL WARRANTIES ARE DISCLAIMED.
NEITHER BRZ NOR ANY OF ITS ASSOCIATED ENTITIES SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION, INABILITY TO OPERATE OR MALFUNCTION OF THE SITE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD BRZ RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSION OF, THIRD PARTIES IN CONNECTION WITH THE SITE (INCLUDING YOUR PROVIDERS AND THOSE WITH WHOM BRZ MAY CONTRACT TO OPERATE VARIOUS AREAS ON ITS WEBSITES).
9. Limitation of Liability, Waivers & Disclaimers
You waive any claim against us based on the quality or availability of the Site, regardless of cause. Such quality is a function of many interacting programs and computer hardware, including various online services, browsers, system configurations, and other equipment. You acknowledge that any network communication or activity involves resources beyond the control of BRZ, including e-mail, file transfers, and information gathering, and is subject to security risks inherent to the Internet and telecommunications generally. We make no representation that the Site will be available for any period, or at any specific time. You agree and understand that hardware, software, and communications links fail from time to time, in unexpected ways, and accordingly, BRZ makes no representation that any data sent to or from, or residing at, its Site are safe from destruction or corruption or misdirection or service interruption.
You agree that BRZ shall not be liable for failure to perform any of its obligations under this User Agreement during any period in which it cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, war, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or any failure or delay of any transportation, power, or similar cause beyond BRZ’s control.
BRZ disclaims any liability or warranty relating to any loss, damage, liability, claim or expense arising out of or relating to this User Agreement or your use of or inability to use the Site, whether grounded in contract, tort (including negligence), or theories of strict liability.
In the event that a court should hold that the disclaimers, limitations of liabilities or remedies available as set forth in this User Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this User Agreement fail of their essential purpose, you expressly agree that under no circumstances shall BRZ’s total liability to you or any party claiming by, through or under you or any cause whatsoever and regardless of the form of action, whether in contract or in tort, including negligence or strict liability, in the aggregate, exceed $1,000 (U.S.).
10. Agent for Copyright Complaints
BRZ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you can claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. BRZ’s copyright agent for notice of claims of copyright infringement can be reached as follows:
BRZ, Lakewood Ranch, FL
Phone: (941) 555-1234 E-Mail: [email protected]
11. Indemnification by User
You shall indemnify and hold harmless BRZ and any of its Associated Entities from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorney’s fees, arising from or relating to your use of the Site, or any act, error, or omission by you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; your breach of this User Agreement; libel; invasion of privacy; infringement of a copyright, trademark, patent, or other intellectual property; any use of confidential, proprietary or trade secret information you have obtained from any source; any defective product or any injury or damage to person or property caused by any products or services sold or otherwise distributed through or in connection with the Site; or violation of any applicable law.
You, at your sole expense, shall maintain control and direction of the defense of such a claim or claims brought against BRZ. If in the reasonable judgment of BRZ you are financially unable to conduct a reasonable defense of the action, then BRZ may undertake complete control of the action, all the while reserving its right to obtain full restitution of all its fees and costs, including attorneys’ and experts’ fees, under this section. In any event, you shall pay any judgment or settlement, or other costs associated with such claims.
12. Ownership of Marks and Content
BRZ company names, logos and marks are the property of BRZ or its affiliates. You are not authorized to use any BRZ name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of BRZ.
All rights in and to the Site belong to BRZ. The Site and its content, aside from user contributions, are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to U.S copyright laws, international conventions, and other copyright laws. You may not modify, publish, create derivative works from, distribute, or otherwise exploit any of the Site’s copyrighted content without our prior written consent.
Trademarks associated with the Site, or viewed on the Site, that are not BRZ marks are the trademarks of their respective owners, BRZ does not review sites which may be linked to the Site, and the content of those other sites is not under the control of BRZ; accordingly, BRZ does not endorse or warrant any site.
13. No Agency
You and BRZ are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by this User Agreement.
BRZ recognizes that applications for insurance coverage, written safety programs, employment procedures, and confidential information are inherently complex, presenting sophisticated legal issues. For specific legal advice, legal service, legal representation, or legal opinions, you must consult your own legal advisor. BRZ expressly does not provide any legal advice, legal service, legal representation or legal opinions regarding the use or application of its Site. No legal advice, legal service, legal representation, or legal opinion whatsoever is implied or warranted by BRZ, its employees, agents, affiliates, assigns, or licensors.
14. Cooperation with Law Enforcement
BRZ will fully cooperate with law enforcement authorities in investigating suspected illegal activity and may report to law enforcement any suspected illegal activity it becomes aware of, without regard to whether such illegal activity may have been conducted by you or your agents and customers, or any other person. BRZ reserves the right to access and disclose any information necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself.
The laws of the USA shall govern this User Agreement and the Site without regard to its conflicts of law provisions.
You agree that any dispute between yourself and BRZ arising out of our relating to this User Agreement, or the Site shall be adjudicated exclusively in a federal or state court with its sites in the USA. The parties’ consent to the jurisdiction of such court and agree to accept service of process issued by such court. The parties waive all objections to adjudication in such court (and waive any right to transfer from such court), including, but not limited to, objections based upon lack of jurisdiction, improper venue, and the convenience of the parties (including forum non convenient).
This User Agreement and any modifications published by BRZ constitute the entire and only agreement between you and BRZ with respect to the Site. However, other additional terms and conditions of use applicable to specific areas of the Site also may be posted in such areas and, together with this User Agreement, govern your use of those areas.
Certain provisions of this User Agreement by their nature shall continue in full force and effect after termination, including the Limitation of Liability, Waivers & Disclaimers, Indemnification by User, Ownership of Marks and Copyrights, choice of law and venue provisions.
By entering into this User Agreement, you represent that you have full power and authority to enter and perform this User Agreement and that such ability is not limited or restricted by any agreements or understandings between you and other persons or companies.
Your benefits and obligations under this User Agreement are non-transferable and non-assignable.
BRZ may assign its rights and obligations under this User Agreement to any entity.
If any provision of this User Agreement is found to be unenforceable or invalid, the remaining provisions of this User Agreement shall fully remain valid and in effect possible.
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