TERMS AND CONDITIONS OF ACCESS
August 10, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF ACCESS ("Terms") BEFORE ACCESSING THE MEMORANDUM OF INSURANCE ("MOI").
1. Acknowledgment. By selecting the "I Accept" button below, you acknowledge that you have read these Terms and agree that they shall govern your access to the MOI. From time to time, Beecher Carlson Insurance Services, LLC and/or its affiliates, as applicable (collectively, "Beecher Carlson"), may modify the Terms. Accordingly, please review the Terms whenever accessing the MOI. If, at any time, you do not wish to accept the Terms, you may not use this Site.
2. User Agreement to Terms: You represent that you have read and agree to be bound by the Terms. You further agree: (i) to comply with applicable laws and regulations regarding the transmission of any data obtained from this Site; and (ii) not to use this Site for illegal purposes.
3. Intellectual Property. The MOI is protected by copyrights, trademarks, service marks and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site.
4. Restrictions on Use. You agree to use this Site exclusively for the benefit of your organization, and not for the benefit of any other entity or person. You may download material from the Site and/or make print copies for use within your organization, provided that you do not modify the MOI or other material in any way, and that you do not distribute any copies outside your organization. You may not use any of Beecher Carlson's names or marks in any manner that could create the impression that such names or marks belong to you or imply any endorsement of you by Beecher Carlson, and you acknowledge that you have no ownership rights in and to any of these names or marks. You will not use the Site, the information contained therein or any of Beecher Carlson's names or marks in mailings or internet communications. You agree not to link directly to the MOI ("deep link") or the Site, or to present the MOI or other content of this Site within any other web site, except with the express prior written consent of Beecher Carlson.
5. Rights Reserved. All present and future rights and licenses in and to the Site and materials contained therein, other than the limited right to utilize the Site and MOI in accordance with the Terms, are expressly reserved to Beecher Carlson.
6. Disclaimer and Limitation of Liability. You agree that your use of the Site is at your sole risk and acknowledge that the Site and anything contained therein, including, but not limited to the MOI are provided "AS IS" and that Beecher Carlson makes no warranty or representation of any kind, express or implied, including, but not limited to, merchantability, or fitness for a particular purpose or use. Beecher Carlson does not warrant that the Site is compatible with your equipment, or that the Site will be uninterrupted, available or error-free, or that the content of any information on the Site is accurate, reliable or complete. BEECHER CARLSON SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ANY ITEMS ON THE SITE OR ANY PROVISION OF THESE TERMS.
7. Indemnification. You agree to indemnify, defend and hold harmless Beecher Carlson and its employees, representatives, and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your misuse of the Site or violation of these Terms.
8. Governing Law. These Terms shall be governed and construed in accordance with the laws of the State of Georgia, excluding the conflicts-of-law principles thereof.
9. Contact. Communications about these Terms may be mailed to our General Counsel at the address shown below:
Beecher Carlson Insurance Services
c/o Brown & Brown, Inc.
220 S. Ridgewood Avenue
Daytona Beach, FL 32114
Attn: General Counsel
10. Miscellaneous. Beecher Carlson's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision within these Terms shall be deemed invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms.