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Terms & Conditions

A legal disclaimer

Terms of Service

Brown Shield Insurance Agency offers products, services and publications. The services offered by Brown Shield Insurance Agency a Texas limited liability company (“Brown Shield Insurance Agency ” or “we”) include the brownshieldinsurance.com website (the “Brown Shield Insurance Agency website”), and any other features, content, or applications offered from time to time by Brown Shield Insurance Agency in connection with theBrown Shield Insurance Agency Website (collectively, the “Brown Shield Insurance Agency”).

These Terms of Use (“Agreement”) sets forth the legally binding terms for your use of the Brown Shield Insurance Agency. By using the Brown Shield Insurance Agency, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Brown Shield Insurance Agency Website) or you are a “Member” (which means that you have registered with Brown Shield Insurance Agency or are a customer of Brown Shield Insurance Agency). The term “User” and/or “You” refers to a Visitor or a Member. You are only authorized to use the Brown Shield Insurance Agency Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Brown Shield Insurance Agency Website and discontinue use of the Brown Shield Insurance Agency Services immediately.

This Agreement includes Brown Shield Insurance Agency policy for acceptable use of the Brown Shield Insurance Agency Services and Content posted on the Brown Shield Insurance Agency Website, your rights, obligations and restrictions regarding your use of the Brown Shield Insurance Agency Services.

Brown Shield Insurance Agency may modify this Agreement from time to time and such modification shall be effective upon posting by Brown Shield Insurance Agency on the Brown Shield Insurance Agency Website. You agree be bound to any changes to this Agreement when you use the Brown Shield Insurance Agency Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Brown Shield Insurance Agency reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Brown Shield Insurance Agency Services at any time, for any or no reason, with or without prior notice, and without liability.

Proprietary Rights in Content on Brown Shield Insurance Agency.

Brown Shield Insurance Agency Services contain Content of Brown Shield Insurance Agency (“Brown Shield Insurance Agency Content”). Brown Shield Insurance Agency Content is protected by copyright, trademark, patent, trade secret and other laws, and Brown Shield Insurance Agency owns and retains all rights in the Brown Shield Insurance Agency Content and the Brown Shield Insurance Agency Services.

The Brown Shield Insurance Agency Services contain Content of Users and other Brown Shield Insurance Agency Members. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, prepare compilations, make derivative works, transfer, or sell any content appearing on or through the Brown Shield Insurance Agency

Content Posted.

Brown Shield Insurance Agency may delete any communication or content that, in the sole judgment of Brown Shield Insurance Agency, (a) violates this Agreement (b) may be offensive or illegal or (c) harms, threatens the safety of, or violates the rights of any person. Brown Shield Insurance Agency assumes no responsibility for monitoring the Brown Shield Insurance Agency Services for inappropriate communication, content or conduct. If at any time Brown Shield Insurance Agency chooses, in its sole discretion, to monitor the Brown Shield Insurance Agency Services, Brown Shield Insurance Agency nonetheless assumes no responsibility for any communication or Content. Brown Shield Insurance Agency has no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content.

Private correspondence or Content is not necessarily reviewed by Brown Shield Insurance Agency prior to posting and does not necessarily reflect the opinions or policies of Brown Shield Insurance Agency. Brown Shield Insurance Agency makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited.

The following is a partial list of the kind of Content that is prohibited to post on or through the Brown Shield Insurance Agency Services. Brown Shield Insurance Agency reserves the right to investigate and take appropriate legal action against anyone who, in Brown Shield Insurance Agency sole discretion, violates this provision, including without limitation, removing the offending communication from the Brown Shield Insurance Agency and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Brown Shield Insurance Agency:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  2. harasses or advocates harassment of another person;

  3. exploits people in a sexual or violent manner;

  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

  5. solicits personal information from anyone under 18;

  6. provides any telephone numbers, street addresses, last names, URLs or e-mail addresses

  7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming,” or “spamming”;

  10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

  13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

  14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;

  15. destructive criticism about other learners or any service in Brown Shield Insurance Agency, or encouraging other users to such acts.

  16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Brown Shield Insurance Agency Services. You may not transmit any chain letters or junk e-mail to other Members.

  17. any automated use of the system, such as using scripts to add friends or send comments or messages;

  18. interfering with, disrupting, or creating an undue burden on the Brown Shield Insurance Agency Services or the networks or services connected to the Brown Shield Insurance Agency Services. This includes marking any mail from Brown Shield Insurance Agency as spam. You may unsubscribe from Brown Shield Insurance Agency emails at any time, for any reason, by following the instructions on the Member’s Account Settings page;

  19. attempting to impersonate another Member or person;

  20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

Copyright Policy

Brown Shield Insurance Agency owns all rights, title, interest and ownership to all worldwide Intellectual Property Rights (as defined below) in the Brown Shield Insurance Agency Content independent of the medium. “Intellectual Property Rights” shall mean ideas, concepts, methodology, taxonomy, improvements, trade secrets, know-how, show-how, improvements, compilations, collective works, trademarks, sui generis database rights, moral rights, original works of authorship, copyrights, derivatives, renewal rights; including work based upon one or more preexisting works, such revisions, enhancements, modifications or translations, abridgement, condensation, expansion or any other form that a work may be recast, transformed, or adapted; and proprietary rights whether registered or unregistered. Brown Shield Insurance Agency Content is also protected by U.S. and International Copyright Law. Brown Shield Insurance Agency ownership of the Brown Shield Insurance Agency Content includes all modifications, enhancements and derivatives thereof and all intellectual property rights therein. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Brown Shield Insurance Agency without obtaining the prior written consent of Brown Shield Insurance Agency.

Privacy.

Use of the Brown Shield Insurance Agency is governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers.

Brown Shield Insurance Agency is not responsible for any incorrect or inaccurate information posted on the Brown Shield Insurance Agency Website or in connection with the Brown Shield Insurance Agency Services, whether caused by Users of the Brown Shield Insurance Agency Services or by any of the equipment or programming associated with or utilized in the Brown Shield Insurance Agency Services. Brown Shield Insurance Agency does not guarantee the efficacy of its books, learning content & material. Other provisions may be added to qualify the company’s liability to the presentation of effective quality education and training material. Brown Shield Insurance Agency takes absolutely no responsibility for third party advertisements which are posted on this Brown Shield Insurance Agency Website or through the Brown Shield Insurance Agency online Services, nor does it take any responsibility for the goods or services provided by its advertisers.Brown Shield Insurance Agency is not responsible for the conduct, whether online or offline, of any User of the Brown Shield Insurance Agency Services. Brown Shield Insurance Agency assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Brown Shield Insurance Agency is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Brown Shield Insurance Agency Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Brown Shield Insurance Agency Services. Under no circumstances shall Brown Shield Insurance Agency be responsible for any loss or damage, including personal injury or death, resulting from use of the Brown Shield Insurance Agency Services, attendance at a Brown Shield Insurance Agency event, from any information posted on or through the Brown Shield Insurance Agency Services, or from the conduct of any Users of the Brown Shield Insurance Agency Services, whether online or offline. The Brown Shield Insurance Agency Services are provided “AS-IS” and as available and Brown Shield Insurance Agency expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Brown Shield Insurance Agency cannot guarantee and does not promise any specific results from use of the Brown Shield Insurance Agency Services. Brown Shield Insurance Agency cannot guarantee any future performance or results that you may or may not achieve because of the infinite number of variables in the world that are outside the control of Brown Shield Insurance Agency or You, any User, Visitor or Member.

Limitation on Liability.

IN NO EVENT SHALL Brown Shield Insurance Agency BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Brown Shield Insurance Agency HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Brown Shield Insurance Agency LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Brown Shield Insurance Agency FOR THE Brown Shield Insurance Agency SERVICES FOR A PERIOD OF SIX (6) MONTHS PRIOR TO ANY CLAIMED, ACTUAL OR ALLEGED INCIDENT.

Disputes.

If there is any dispute about or involving the Brown Shield Insurance Agency Services, you agree that the dispute shall be governed by the laws of the State of Texas, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State of Texas. Either Brown Shield Insurance Agency or you may demand that any dispute between Brown Shield Insurance Agency and you about or involving the Brown Shield Insurance Agency must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Dallas, Texas, provided that the foregoing shall not prevent Brown Shield Insurance Agency from seeking injunctive relief in a court of competent jurisdiction.

Indemnity.

You agree to indemnify and hold Brown Shield Insurance Agency, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Brown Shield Insurance Agency Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any information that you post on the Brown Shield Insurance Agency Website or through the Brown Shield Insurance Agency Services causes Brown Shield Insurance Agency to be liable to another.

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