The following constitute the terms of Terms and Conditions (“Terms and Conditions”) between you ("you", "your", "purchaser") and Beere & Purves, Inc. (referred to as the "Company," "we," or "us") with respect to your use of bpQuote (the “Service’) through our website located at http://beerepurves.com (the “Site”). The Service and Site are collectively referred to as the “BP Platform”. The Company operates the BP Platform including, without limitation, all text, quotes, communications, content, information, communications, postings, census data, coverage benefits, insurance product specifications, materials, documents, reports, software, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content").
By accessing, using or downloading any element of the BP Platform, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use the BP Platform or submit any data to us through the BP Platform. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the BP Platform following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access or use the BP Platform.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE BP PLATFORM.
The company is only a facilitator of the service, and all content is provided through a third party data provider. The company cannot guarantee the accuracy, completeness or timeliness of any content provided through the BP Platform. All content included on or generated on the BP Platform, including but not limited to premium rates, quotations, proposals and benefits, is for informational purposes only and is intended to relate to insurance carriers licensed to provide insurance in the united states. No such information is valid or binding without confirmation and approval of a licensed insurance carrier.
The content on the BP Platform is presented in a summary fashion and may only be used for informational purposes. The company is not responsible for typographical errors in pricing quotes, coverage specifications or other errors pertaining to the content related to insurance products depicted through the BP Platform.
The service does not espouse or endorse any specific insurer, company, insurance product, benefit or service depicted through the BP Platform. Nothing contained in the content or the BP Platform is intended to constitute a warranty regarding any underlying quoted insurance product, benefit or service. Furthermore, the company does not warrant any health insurance carrier or employee benefits products or services for which information is available on the BP Platform. The purchase of any such products or services shall be made directly between independent buyers and licensed insurance carriers and governed by the agreements between such parties.
You agree to provide accurate information about you as requested by the Company and to maintain and update this information as required to keep it current. You shall correct any information that you know or are advised is in error. If any information provided by you is inaccurate, we may terminate your rights to use the BP Platform without notice and in our sole discretion.
The compilation (meaning the collection, arrangement and assembly) of all Content on the BP Platform is the exclusive property of the Company or its third party data providers and is protected by U.S. and international copyright laws. We allow authorized users to view and use the BP Platform solely for the purposes described in these Terms and Conditions, including printing a single copy of any Content, for their individual use only. Any other use, including the reproduction, modification or creation of derivative works, distribution, transmission, republication, display or performance, of any Content on the BP Platform is strictly prohibited.
The Content is protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols shall be the trademarks of their respective owners. Any graphics, logos and service names are trademarks or service marks contained on the BP Platform may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company, insurance carriers or Company’s third party data providers.
Without limiting the foregoing, you specifically agree not to reverse engineer, decompile, disassemble, alter, duplicate or modify the BP Platform or any Content in any way, in whole or in part. We may, in our sole discretion and without notice to you, terminate your use and access of the BP Platform if you fail to comply with these Terms and Conditions and may subject you to additional legal action by the Company and/or our third party data providers.
We hereby grant you the right to view and use this BP Platform in accordance with these Terms and Conditions. You may download and/or print a copy of the Content solely for your own internal business use to quote clients and secure wholesale group insurance through the Company (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce or make derivative works from any document, photograph or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the BP Platform or any portion thereof without our prior written consent in each instance.
You represent and warrant that you are an insurance broker, agent, or any other party regulated by local, state, national or laws or regulations. In addition to all of the other Terms and Conditions, you also represent, warrant and agree that, to the extent required in connection with your business, you are and will continue to be at all times: (i) duly licensed, registered and qualified in all jurisdictions where such licensure, registration or qualification is or may be required, (ii) duly appointed and authorized by any insurance companies on whose behalf you are or may in the future be acting and (iii) aware of and in compliance with all applicable local, state, and national laws and regulations regarding the solicitation, sale or aid in the solicitation or sale of any insurance products or services. You further certify that the information that you provide in connection with your use of the BP Platform regarding licensing, registration and qualification will be complete, current and accurate.
We reserve the right to deny you access to any and all parts of this BP Platform and terminate your account, for any reason or no reason, and at our sole discretion. We also reserve the right to block transmission of, and/or remove any of your census data, quotes and reports at any time, for any reason, and without prior notice to you. The following rules shall govern your conduct regarding the use of the BP Platform.
(a) Unlawful Purposes. In order to create a valuable service to users, certain types of activities and communications are prohibited. As a condition of your use of the BP Platform, you agree that you will not use the BP Platform for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for all census data that you send to us through the BP Platform or via other means so that we can run the data through the Service. You may not post or transmit any message which discloses private or personal matters concerning any person, including, without limitation, their personal health information, without their express authorization.
(b) Unsolicited Information. The BP Platform may provide opportunities to provide us feedback regarding the BP Platform, the Content and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the BP Platform, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.
(c) No Monitoring of Content. Due to the volume of insurance products offered by carriers through the Service, we cannot and do not screen any Content for completeness and accuracy. In general, Content provided by our third party data providers, including carriers, is not monitored or reviewed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such Content as part of an investigation of reported abuses or otherwise where we may deem appropriate.
(d) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the BP Platform using your account information for any purpose. BE ADVISED THAT WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN USER NAMES AND PASSWORDS (“SECURITY INFORMATION”) AND THAT YOU ARE TO CONTACT US IMMEDIATELY IN SUCH EVENT TO CHANGE YOUR ACCOUNT ACCESS IN CASE YOUR SECURITY INFORMATION HAS BEEN COMPROMISED. YOU ARE FURTHER ADVISED TO KEEP YOUR SECURITY INFORMATION SECURE, AND TO CHANGE IT EVERY 90 DAYS ON YOUR ACCOUNT PROFILE SO AS TO MINIMIZE THE RISK OF FRAUD.
(e) Interference with Other Users’ Use. You shall not interfere with other users' use of the BP Platform, including, without limitation, spamming or otherwise using abusive tactics to deter others from using the BP Platform.
(f) Harmful Code. You shall not post or transmit any file to the BP Platform or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(g) Abusive Conduct. You shall not post or transmit any message which is harmful, threatening, abusive or hateful.
(h) Compliance with HIPPA and HiTECH. In connection with your use of the BP Platform, you may use the human resource management and enrollment system that is part of the Service. The Service is used by employers and employees, among other items, to store employee personal data, access information about benefit plans, and complete enrollment forms. You will take all necessary actions consistent with the Health Insurance Portability and Accountability Act of 1996 ("HIPPA") and the Health Information Technology for Economic and Clinical Health Act (“HiTech”) for safeguarding Personal Health Information ("PHI") uploaded and stored on the BP Platform. You shall utilize appropriate safeguards to prevent the use or disclosure of PHI; report any use or disclosure of PHI that is contrary to HIPAA and/or HiTech; and not use or disclose information other than as permitted or required by law. You agree to indemnify, defend and hold the Company and its third party data providers harmless from any liabilities, claims, damages, expenses, costs and penalties (including, without limitation, attorneys’ fees, expert witness fees and costs) arising from any non-permitted use or disclosure of PHI by you or any group or employee that uses the BP Platform.
(i) You agree to comply with all applicable local, state, national and international laws and regulations regarding use of the BP Platform and the solicitation, sale or aid in the solicitation or sale of any insurance products. You shall keep secret any password(s) for the BP Platform and shall not disclose such password(s) to any third parties or use such password(s) for any purpose not expressly authorized by the Company.
We are not responsible for backing up your data, reports or other type of data attributed to your use of the BP Platform. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP DATA, QUOTES, REPORTS AND CENSUS INFORMATION. EXCEPT TO THE EXTENT OTHERWISE PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST OR DELETED DATA, QUOTES, REPORTS AND CENSUS INFORMATION.
(b) Disclaimer of Warranties. Your use of the BP Platform is at your sole risk. The BP Platform, the service and the content are provided and you accept the same on an "as is" and “as available” basis, without any warranties of any kind, expressed or implied, including, without limitation, all implied warranties of merchantibility, fitness for a particular purpose, title, and non-infringement, with regard to the content, products, services and all other information contained on and/or made available through the BP Platform, including but not limited to the availability of the BP Platform, lack of viruses, worms, trojan horses or other code that manifest contaminating or destructive properties, or any failure to provide the BP Platform or access thereto by users. We do not guarantee the timeliness, validity, completeness or accuracy of the content. The company makes no warranty regarding any goods, services, information, data, quotes or advice obtained through the BP Platform, or any transactions entered into through or reliance upon the BP Platform, as well as for any such items or other content available through any links to or from the BP Platform. Although we may update the content on the BP Platform from time to time, please note that information contained herein may be out of date and/or may contain inaccuracies or typographical errors.
Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. You acknowledge awareness of security and privacy risks, including, but not limited to (A) the limitations of security, privacy and authentication measures, and (B) that data and information transferred via the BP Platform may be subject to eavesdropping, breaking passwords, spoofing, harassment or other security or privacy hazards. The company shall not be liable for any damages (including direct, indirect, incidental, special, punitive or consequential damages) associated with these risks. In connection with the BP Platform, insurance carriers and other third parties may provide information about their plans, premium rates, benefits and other services, which information the company makes available to users to help enable them to generate proposals, submit applications and perform other functions. Company does not verify the accuracy, currency or completeness of (A) any content provided by carriers, users or others, or (B) proposals or applications generated by using the BP Platform. Company is not liable or responsible in any way for the data contained in or the use of any such content, proposals or applications. Company distributes electronic documents and messages to users of the BP Platform to communicate pertinent messages such as new functionality or enhancements, new partnerships, etc. Users consent to company’s distribution of these messages by accessing and using the BP Platform. Per the can-spam act, users have the option of opting out of receipt of such messages by clicking on the "unsubscribe" link in the electronic message, or by sending an email to email@example.com with the specific request to be unsubscribed from all emails. The company has not reviewed any platform linked to the BP Platform and is not responsible for the content of any off-BP Platform pages or any websites linked to the BP Platform. Your access to, and use of, the BP Platform, including your linking to any other off-site pages or other websites, is at your own risk. In the event that you have a dispute with any employer, insurance carrier or other third party arising from or related to use of the BP Platform, you release and agree to hold harmless the company, its parents, subsidiaries, affiliates, officers, directors and employees, from any and all claims, demands, damages, costs and expenses of every kind and nature relating in any way to such disputes. All content on the BP Platform, including but not limited to text, graphics, logos, button icons, images, audio clips and software, is the property of the company or those who have supplied such content.
(c) No Legal or Professional Advice. The BP Platform is provided to you with the express understanding that the Company is not engaged in rendering legal, consulting or other professional service. If legal and other expert assistance is required by you, any employer or any employee, the services of competent professionals should be sought. Although the Content may contain information about legal issues, the Content is not intended to serve as legal advice. You agree to advise employers about this provision, and it is your sole responsibility to do so.
In addition to any other indemnification obligations set forth in these Terms and Conditions, you agree to indemnify, defend and hold harmless the Company, its third party data providers, and each of their respective affiliates, officers, directors, employees, agents, information providers, partners, owners, attorneys and suppliers (collectively, the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees and legal costs, resulting from (a) your use of any portion of the BP Platform; (b) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the BP Platform using your account; and/or (c) your violation of any laws or rights of any third party.
10. Waiver, Release and Limitation of Liability
You agree that none of the protected parties shall have any liability to you under any theory of liability or indemnity in connection with your use of the BP Platform. You hereby release and forever waive any and all claims you may have against the protected parties (including but not limited to claims based upon the negligence of any of the protected parties) for losses or damages you sustain in connection with your use of the BP Platform.
In no event shall any of the protected parties be liable to you for any direct, indirect, incidental, consequential, punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the BP Platform, including but not limited to damages arising from any goods or services described on the BP Platform, any transactions entered into through the BP Platform, any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses.
None of the protected parties will be liable or have any responsibility of any kind for any: (B) losses, damage or destruction of data, including, without limitation, loss of all your census data, quote history, content or any other loss of your data, (A) damages or losses you incur in the event of any failure or interruption of the BP Platform, service or our equipment, or resulting from the act or omission of any other party involved in making the BP Platform available to you or collecting the data contained therein, or from any other cause relating to your access to or your inability to access the BP Platform, the content, or your census data whether or not the circumstances giving rise to such cause may have been within the control of any of the protected parties.
Some states do not allow the exclusion of damages or limitation of liability as set forth above, so this limitation of liability may not apply to you. If any part of this limitation does not apply, or is determined to be invalid or unenforceable, for any reason, then the aggregate liability of the protected parties shall not exceed fifty dollars ($50) dollars. If any remedy hereunder is determined to have failed of its essential purpose; all limitations of liability, disclaimers of liability, and exclusions of liability shall remain in effect.
The provisions of paragraphs 9 (Indemnification) and 10 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf. Notwithstanding the rights of the Protected Parties under this Section 11, your use of the BP Platform does not afford any other person or entity any third party beneficiary rights under these Terms and Conditions.
You represent and warrant that you are the age of majority in the state which you reside and that you possess the legal right and ability to enter into these Terms and Conditions and to use the BP Platform in accordance with these Terms and Conditions. You agree to be responsible for your use of the BP Platform, as well as for use of your account by others (whether authorized or unauthorized), and to comply with your responsibilities and obligations as stated in these Terms and Conditions
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. The Company reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating your password(s), account(s) and right to use the Site. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at San Francisco, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between the Company and you with respect to your access and use of the Service and BP Platform. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you. Neither use of the BP Platform nor agreement to these Terms and Conditions creates any agency, partnership, joint venture, employee or other joint relationship between the parties, and neither party shall have any authority to bind the other in any respect except as specifically provided in accordance with this Terms and Conditions.
We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, a notice through the BP Platform or by written communication delivered by first class U. S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Beere & Purves, Inc.
1350 Treat Boulevard, Suite 470
Walnut Creek, CA 94597