1. Legally Binding Agreement
1.1. This Agreement has been prepared as a legally binding license agreement that conditions your use of this Site. This Agreement is for the purpose of protecting our rights in order to provide you with access to the free information provided on the Site (“Site Content” or “Content”) and other features available on the Site. If you do not want to be bound by all terms of this Agreement, you should immediately exit this Site and discontinue all use of the Site. If you remain or return at any point in the future, you agree to be bound by this Agreement.
1.2. Additional terms may be placed upon your purchase of the services and/or policies contained on the Site, and on your use of certain features on the Site. These additional terms will be specifically set forth in connection with such purchases and/or usage of features. By making such purchases and/or using such features, you agree to be bound by all additional terms connected to such purchases and/or features. If you do not want to be bound by such additional terms in connection with the purchase of services and/or policies addressed on the Site or in connection with your use of any features on the Site, you should not make such purchases or use such features.
2. Revisions to Agreement
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, BRMS grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of BRMS), view information and use any and all services that we provide on our web pages. Any use of this Site in excess of these rights is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site.
4. Site Access Privileges
4.1. Your access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on the Site without notice. We affirmatively disclaim any liability for any occasions on which the Site may be unavailable for your use.
4.2. Your access privileges are conditioned upon your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the Site.
5. Assignment and Delegation
You agree not to assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. BRMS may assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation (replacement), effective upon notice to you, BRMS for any third party that assumes our rights and obligations under this Agreement.
6. Policy and Service Information on the Site
6.1. We take reasonable efforts to provide up-to-date information on the Site about the insurance policies and services we offer. However, in order to ensure that you have the most accurate information concerning any policies or services that you are contemplating purchasing, you should always confirm the current terms and conditions with BRMS.
6.2. Site Content is not intended as professional advice on which reliance should be placed. A product or service shown on the Site may not necessarily be suitable for you—this is for you to decide (and, if in doubt, you should seek appropriate independent advice).
6.3. If you are eligible and decide to purchase a policy of insurance through the Site, by doing so you confirm that all answers given by you in your policy application are true and correct, that you have read and understood the relevant policy terms and conditions, and that you are satisfied the policy meets your needs.
6.4. BRMS cannot, and does not, guarantee that you will be issued a policy if you apply for one.
6.5. The information and statements you give, together with the policy terms and conditions, will form the basis of your contract of insurance if, in fact, any such contract of insurance is issued. Failure to provide true and complete information could result in any insurance policy that may be issued to you being rescinded or voided.
7. Intellectual Property Rights of BRMS
7.1. All original Content created and posted by BRMS on the Site (hereinafter referred to as the “Materials,” which include, but are not limited to, written Content prepared and posted by BRMS, and the Site design, layout, look, appearance, and graphics), as well as the trademarks, service marks, and logos contained on the Site are owned by or licensed to BRMS and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. BRMS reserves all rights not expressly granted in, and to, the Site and the Materials on our Site.
7.2. Your use of the trademarks, service marks, and/or logos displayed on the Site, or any other original Materials on the Site, except as specifically permitted within this Agreement, is prohibited without the prior, written permission of BRMS, which may be requested by contacting BRMS’s Compliance Counsel via e-mail at firstname.lastname@example.org or by mail to BRMS, Attention: Compliance Counsel, 80 Iron Point Circle Ste. 200, Folsom, CA 95630. Any unauthorized use of the Materials, trademarks, service marks, and/or logos on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
8. Permissible and Prohibited Uses of Site and Site Materials
8.1. You may download or print a copy of any of the Materials on the Site for your personal reference and non-commercial use. However, if you download or print a copy of any of the Materials for your own personal reference and non-commercial use, you agree to retain all copyright and other proprietary notices contained in and on the Materials.
8.2. BRMS and/or its licensors (individuals or entities which have licensed Content to BRMS) may, on occasion, provide individuals or entities with a written license permitting the use of certain Materials on our Site for commercial purposes. However, you agree that you will not use any part of the Materials for any commercial purposes without first obtaining a written license from BRMS or its licensors specifically permitting the use of such Materials for commercial purposes.
8.3. You agree not to offer for sale or sell or distribute over any medium any part of the Site or Site Materials whatsoever. You further agree not to use any of our trademarks as metatags on other websites. You agree not to make any part of the Site available as part of another website, whether by hyperlink framing on the Internet or otherwise, without our prior written approval. To apply for such authorization, you must either contact BRMS’s Compliance Counsel via e-mail at email@example.com, or by mail to BRMS, Attention: Compliance Counsel, 80 Iron Point Circle Ste. 200, Folsom, CA 95630 with the following details:
- Your name of the name of the technical contact responsible for the link(s);
- The name of your company;
- Your e-mail address and telephone number; and
- The purpose or use you would like to make of the Materials.
8.4. If you print off, copy, download, or otherwise use any part of the Site in breach of this Agreement, you agree that your right to use the Site will cease immediately and you further agree to return or destroy any copies of the Materials you have made if we so request.
8.5. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You specifically agree that you will not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You further agree not to attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. You also agree not to attack the Site via a denial-of-service attack or a distributed denial-of service attack. Unauthorized use and misuse of the Site is strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and/or criminal prosecution. If you commit any breach of this provision, you could be committing a civil and/or criminal offense, and we reserve the right to report any such breach of this provision to the relevant law enforcement authorities. In the event of such a breach, your right to use the Site will cease immediately.
9. Links to Other Sites
10. Your Personal Information and Our Website Privacy and Cookie Policies
11. Updating Your Contact Information
If you choose to provide us with contact information, you agree to update your contact information if it changes so we can contact you if necessary. You acknowledge and agree that, if you fail to timely update your contact information, we shall have no liability associated with, or arising from, your failure to provide us with accurate contact or other information.
12. Good Samaritan Third-Party Content Policy and Complaint Procedures
12.1. Policy. It is our policy not to allow any Content on this Site that may constitute intellectual property infringement; violation of U.S. federal, state or local laws; child pornography; or obscene, defamatory or otherwise objectionable material. Upon learning of the existence of any such Content, we will do our best, in good faith, to edit, remove, disable, change or restrict access to, or the availability of, Content that, in our subjective view and in our sole discretion, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct.
12.2. Complaint Procedures. If you believe that another BRMS Site user or third party has posted Content that violates this policy (other than in cases of copyright infringement, which is addressed in Section 15 herein), we ask you to promptly notify BRMS’s Compliance Counsel via e-mail at firstname.lastname@example.org, or by mail to BRMS, Attention: Compliance Counsel, 80 Iron Point Circle Ste. 200, Folsom, CA 95630. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (a) The nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed) or the unacceptable or inappropriate Content; (b) All facts which lead you to believe that a right has been violated or infringed, if applicable; (c) The precise location where the offending Content is located; (d) Any grounds to believe that the party or user who posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; and (e) If known, the identity of the person or persons who posted the infringing or offending Content; and (f) In the case of alleged copyright claims, information sufficient to identify the work and your claims to ownership.
12.3. Indemnification/Waiver of Certain Rights. By contacting us and complaining of an alleged violation, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
12.4. Waiver of Claims and Remedies. We expect the Site visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties that take place at this Site. By taking advantage of the Good Samaritan procedures set forth herein, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of, or relate in any way to, the Content on this Site or our response, or failure to respond, to a complaint.
12.5. Investigation/Liability Limitation. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility to investigate complaints or to remove, disable, or restrict access to, or the availability of, Content. We support free speech on the Internet, and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient or incomplete. If you believe that Content remains on this Site that violates your rights, your sole and exclusive remedy shall be against the user or other party responsible for posting such Content, not against us. Your sole and exclusive remedy against us will be to terminate your use of this Site and service.
13. Digital Millennium Copyright Act Policy and Infringement Notification Procedures
13.1 Policy. BRMS’s policy is to respond expeditiously to clear notices of alleged copyright infringement that comply with the United States DMCA. This section describes BRMS’s process for infringement notification and counter notification; BRMS’s policy of terminating user rights for repeat copyright infringers; and BRMS’s accommodation of standard technical measures used by copyright owners to identify or protect copyrighted works. The information contained herein is intended to comply with BRMS’s obligations under the DMCA and does not constitute legal advice. Upon receipt of proper notification of claimed infringement, BRMS will follow the procedures outlined herein and in the DMCA.
13.2. Contact Information for BRMS’s Designated Agent. BRMS’s Designated Agent to receive notification of alleged infringement, as well as any counter notifications, under the DMCA is:
BRMS’s Compliance Counsel
Physical Mail: BRMS, Attention: Compliance Counsel, 80 Iron Point Circle Ste. 200, Folsom, CA 95630.
14. Disclaimer of Warranties
14.1. In order to provide you with access to and usage of the Content on our Site, we offer and make no warranties or representations about any benefits or opportunities that you can obtain at this Site.
14.2. Neither we nor any third parties provide any guarantees, representations, statements, or warranties of any kind, either expressed or implied, as to the accuracy, completeness, timeliness, correctness, and/or suitability of any information or materials displayed on the Site. You acknowledge that such information and materials may contain inaccuracies or errors.
14.3. We do not warrant that access to the Site will be uninterrupted, available at any particular time or location, that the Content is error-free, that errors and/or defects will be corrected, that your use of Content displayed on the Site will not infringe rights of third parties, or that this Site or the server that makes it available are free of viruses or other harmful components.
14.4. We make no warranty or representation that the material on the Site is appropriate or available for use in any location or is compliant with all local laws. You acknowledge that access to the Site is at your own risk.
14.5. To the fullest extent permitted by applicable law, we hereby expressly disclaim all express and implied conditions, warranties, and other terms. This disclaimer includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with the Site; or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it, and any materials posted on it, whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Further, this disclaimer applies to any damages or injury caused, or alleged to be caused, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
15. Limitation and Release of Liability
15.1. In order to provide you with access to, and usage of, the Content on the Site, to the fullest extent permitted by law, neither we, nor any other party involved in creating producing or delivering this Site will be liable for any direct, indirect, incidental, consequential, special or punitive damages, however caused, arising out of your access to, use of, or reliance on any information or materials provided on the Site, including, without limitation, for any errors, inaccuracies, omissions, or other defects in, or lack of timeliness or inauthenticity of, the information contained on the Site, or for any delay or interruption of access to the information contained on the Site or transmission of data with you or any user, or for any claims or losses arising therefrom or occasioned thereby, even if we have been advised of the possibility of such damages.
15.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. Further, we cannot, and do not, guarantee continuous, uninterrupted or secure access to the Site.
15.3. Release of Liability. You expressly agree that your access to, and use of, the Site, any Content thereon, and any product or service purchased or obtained through the Site are at your sole risk and are further subject to any additional terms and conditions provided with respect to any purchase you make and/or any service you utilize on the Site. You agree to release, discharge, and hold harmless BRMS and all subsidiaries, affiliated, and related companies, and each of its and their respective officers, directors, employees, representatives, contractors, and agents (collectively, the “Released Parties”), from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, from your use of, accessing, or participation in any feature of the Site, including, without limitation, your breach of this Agreement or the use by us or our designees of any rights granted by you. You further release the Released Parties from, and specifically acknowledge that the Released Parties are not liable for, any defamatory, offensive, or illegal conduct of other Site users or any third party, and that the risk of injury from the foregoing rests entirely with you.
You agree, at your own expense, to indemnify, defend, and hold harmless the Released Parties (defined above) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Site; (b) your unauthorized use of any Content and/or BRMS’s products or services; (c) your breach or violation of this Agreement and any applicable laws; and/or (d) any allegation that any submissions or other materials you submit to us otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party. BRMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate with BRMS in the defense of any such claim.
17. Effect of User Violation of Agreement or Misuse of Site
17.1. Restriction, Suspension or Termination of Site Access. BRMS may, in its sole discretion, restrict, suspend or terminate your right to access this Site if you violate this Agreement or otherwise misuse the Site or ythe Site privileges. BRMS may block access to this Site, in whole or in part, from an IP address or range of IP addresses associated with any restricted, suspended or terminated User.
17.2. Survival. The terms of this Agreement shall expressly survive any such suspension or termination.
18. Complete Agreement/No Additional Representations
This Agreement constitutes the entire agreement between you and BRMS relating to your access to, and use of, this Site and supersedes any prior or contemporaneous representations or agreements. This Agreement may not be modified, either expressly or by implication, except as set forth herein in Section 20.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
20. Company Information
BRMS is a private company registered in California, USA, and has its registered office at 80 Iron Point Circle Ste. 200, Folsom, CA 95630.
We carefully guard your confidential, individual-identifiable information (commonly referred to as your personal information). Personal information includes information that identifies you, such as your name, address, telephone number, email address, social security number and date of birth, wage and job classification, and information related to your health coverage. Cyber Insurance obtains your personal information anytime our Services are used and when you send information to us (through this Web site or otherwise). We limit our collection and use of information to the minimum required to deliver our services.
1. User Information Gathered by our Web sites
We gather these types of information through our Web sites:
- Information You Give Us: We receive and store any information you give us to respond to your requests and to communicate with you. Such information will be deemed the minimum necessary to provide the services contracted by your employer.
2. Sharing Information
Usage and disclosure of Personal Information varies based on a party’s relationship with Cyber Insurance. Cyber Insurance primarily uses this information to respond to requests and inquiries, provide support services, analyze and monitor usage including making improvements, and to better help secure and personalize our Services.
- Affiliated Businesses We Do Not Control: We may provide certain de-identified visitor information under non-disclosure agreements to our affiliated businesses and partners to assist us in developing a relationship with you.
- Compliance with the Law: We may release account and other personal information to comply with law, or to protect the rights, property, or safety of Cyber Insurance, our users, or others. Such release includes responding to subpoenas, compliance with court orders and legal requests.
3. User Choices
Users can choose not to provide us Personal Information when you use our website(s) or mobile application(s). However if the information request is not identified as optional and a user chooses to not provide required Personal information, then the user may not be able to use the features of the website or mobile application.
Users can configure its browser to reject cookies, or to notify it when a cookie is set. However, if you reject cookies, the Services may not operate properly.
4. Conditions of Use, Notices and Revisions
We may send, via e-mail, periodic reminders of our notices, unless you have instructed us not to, but please check our Web sites frequently for recent changes.
5. Retention period
We will retain Personal Information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by applicable law or regulation.
6. Use of the Services by minors
The Site is a general audience site, and we do not intend to market to or collect, nor do we knowingly collect personal information from children under the age of 13. Unfortunately, we cannot always determine the age of a visitor to the Site or the sender of an email.
7. Contact Information
If you have questions or comments about our privacy practices, or if you want Cyber Insurance to correct your Information that is stored on Cyber Insurance systems, please submit your request in writing to:
P.O. Box 2140
Folsom, CA 95763
ATTN: Data Use and Privacy Office
Subject to our ability to verify your request, Cyber Insurance will correct the information within thirty (30) days of receipt of your request.