This TOU is effective as of December 4, 2018.
The following Terms of Use (“TOU”) describe the terms and conditions applicable to your
registration, access and use of the Word & Brown® Website, the AgencyWow® Website, or any
other website that Company may make available from time to time as well as any mobile application related, linked, or
otherwise connected thereto. (Said websites and mobile application will be collectively referred
to herein as the “Website” unless the particular provision only addresses said mobile application.
In that case, said mobile application will be referred to as the Mobile Application.). By accessing
or using the Website and/or by clicking to download, install or use the Mobile Application, you
agree that you have read, understood, accept and agree to the TOU. If you do not agree to the
TOU, then you are expressly prohibited from using the Website and you must immediately
delete the Mobile Application from your mobile or wireless electronic device. We reserve the
right to change the TOU at any time without notice; modifications will be immediately included
in the TOU. It is your responsibility to check the TOU from time to time for modifications.
Continued use of the Website after any modifications of the TOU will constitute acceptance of
such modifications. The Website is owned and operated by Word & Brown Insurance
Administrators, Inc. (“Company”), a California corporation. Word & Brown is located in
Orange, California and is licensed to do business as an insurance agent in Nevada (License
#16367) and to do business as an insurance agent in California (License #0561771).
OWNERSHIP: The Website, including without limitation, any information, software,
photographs, images, video, audio, graphics, or text on the Website (“Company Content”), and
all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary
rights therein are the sole property of the Company and various third party owners. You agree to
abide by all applicable laws and regulations including intellectual property laws and any
additional restrictions set forth on the Website in relation to the Company Content.
LIMITED LICENSE / PERMITTED USES: Provided you are eligible to use the Website, you
are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website
strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal,
non-commercial purposes; (c) to print out discrete portions of Company Content from the
Website solely for internal, personal, non-commercial purposes and provided that you maintain
all copyright and other policies contained therein; (d) download, install, and use the Mobile
Application on a single compatible mobile or wireless device owned or otherwise controlled by
you strictly in accordance with this TOU. Devices modified contrary to the manufacturer’s
software or hardware guidelines are not compatible mobile or wireless devices. Company does
not warrant that the Website will be compatible with your mobile or wireless device. Your use of
the Website may be subject to your agreements with your mobile device manufacturer and
carrier. No print out or electronic version of any part of the Website or its contents may be used
by you in any litigation or arbitration matter whatsoever under any circumstances.
USE OF WEBSITE: By using the Website, you represent that you are at least 18 years old and
are a resident of the United States. If you are under 18 or not a U.S. resident, do not use the
Website. The Company does not intend to market any products or services to children and does
not knowingly collect personal information from children under the age of 13 through the
Website. You may not store, modify, reproduce, transmit or distribute content from the Website
or adapt or otherwise create distributive works or improvements, whether or not patentable, of
the Website without the prior written consent of the Company. You may not decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt any part of the Website;
use the Website for creating a product, service or software that is, directly or indirectly,
competitive with or in any way a substitute for the Website; The Company may change or
restrict your use of the Website and/or make changes to the products and services described on
the Website at any time without notice. You also agree not to use the Website for any unlawful
purpose or in any manner that could damage, disable, overburden or impair any server, or the
network(s) connected to any server of company, its affiliates or service providers, or interfere
with any other party’s use and enjoyment of the Website. You may not attempt to gain
unauthorized access to the Website or any services, other accounts, computer systems or
networks connected to any server or to any of the services, through hacking, password mining or
any other means. You may not use any robot, spider, scraper or other automated means to access
the Website for any purpose without our express written permission. You may not make
available the Website to any third party for any reason. Certain third party owners may impose
additional terms and conditions set forth elsewhere herein. Your use of Company Content from
those third party owners is also subject to those terms and conditions. Any and all caching,
hypertext linking to the Website or framing of any Company Content is prohibited without the
Company’s prior written consent. The Company reserves the right to disable any unauthorized
links or frames.
INFORMATION CONTAINED ON WEBSITE: The information contained on the Website is
not intended as professional, medical, or legal advice. The Company makes no warranties or
representations related to the information contained on the Website and disclaims all liability for
errors or omissions in the information presented. The Company does not recommend or endorse
any specific insurance company and does not provide advice on which insurer to select or which
products to buy. The insurance quotations obtained by use of the Website do not constitute an
offer of insurance and are subject to the approval of the respective insurance providers. No
contract for the provision of a policy of insurance is formed by the use of the Website. You are
advised to seek the advice of professionals, as appropriate, regarding the evaluation of any
specific, report, quote, opinion, advice or other material on the website.
SERVICES OFFERED ON WEBSITE: The Website provides user resources, including various
communications tools and communication resource management services (“Service”). You also
understand and agree that the Service may include advertisements and that these advertisements
are necessary for Company to provide the Service. You also understand and agree that the
Service may include certain communications from Company including, without limitation,
service announcements, administrative messages and marketing messages, and that these
communications are considered part of Website membership and you will be able to opt out of
receiving them. Unless explicitly stated otherwise, any new features or modifications related to
the Service shall be subject to the TOU.
DISCLAIMER OF WARRANTIES: The Website, the Website content and any products or
services available through the website are provided to you on an “as is” “as available” basis
without warranty of any kind either express or implied, including but not limited to any
implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment,
systems integration, accuracy, and non-infringement. The Company makes no
representations or warranties that use of the Website, the Website content or products or
services will be uninterrupted or error-free. You are responsible for taking all necessary
precautions to ensure that any Website content you may obtain are free of viruses or any
other harmful components.
LIMITATION OF LIABILITY: Your use of the Website is at your own risk. In no event
shall the Company or any third party provider or any of their respective affiliates, officers,
directors, employees, agents or licensors be liable for any claim arising out of or relating to
the Website, the Services, Company Content, or User Content, whether based in contract,
tort, negligence, strict liability or otherwise, including, but not limited to, any decision or
action taken in reliance upon any Company Content, any delays, errors, omissions or
interruptions in delivery, negligence, acts of God, telecommunications failure, theft or
destruction of, or unauthorized access to the website or the Website content, or for any
types of damages or liability, even if advised of the possibility of such damages.
EXCLUSION OF CONSEQUENTIAL DAMAGES / FURTHER LIMITATION OF
LIABILITY: In no event shall Company or any third party provider or any of their
respective affiliates, officers, directors, employees, agents or licensors be liable to you or to
anyone else for any direct, special, incidental, indirect, punitive, consequential damages or
any other loss or injury caused in whole or in part in relation to the website, the Services,
the Company Content or the User Content. Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations in the “Disclaimer of Warranties” and
“Disclaimer of Liability” sections may not apply to you. In those circumstances, as well as
any other where liability occurs, you acknowledge that the entire liability of Company
under this TOU, or any matter relating to this TOU, regardless of the form of any claim or
action or theory of liability (including contract, tort, or warranty) shall not exceed One
Thousand Dollars ($1000) and that amount shall be in lieu of all other remedies which you
may have against us and any affiliated party.
PRIVACY POLICY / USER SUBMISSIONS: Please review our PRIVACY POLICY.
By using the Website, you agree that you have read and understood our Privacy Policy and agree
to be bound by our Privacy Policy which is incorporated into these Terms of Use. By submitting
information, graphics, images, photographs or other materials (“User Content”) through the
Website, you grant to the Company an unrestricted, irrevocable, worldwide, royalty-free license
to use, reproduce, display, modify, create derivative works from and transmit such User Content
for any purpose, including without limitation, disclosing any such User Content as necessary to
satisfy any law, regulation, or governmental request. All remarks, suggestions, ideas, or
inventions communicated by you to us (collectively, a “Submission”) will forever be our
property. We will not be required to treat any Submission as confidential, and will not be liable
for any ideas (including without limitation, product, service or advertising ideas) and will not
incur any liability as a result of any similarities that may appear in our future products, services
or operations. Without limitation, we will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature everywhere. We will be entitled to use
the Submission for any commercial or other purpose whatsoever, without compensation to you
or any other person sending the Submission. You agree not to submit or transmit any User
Content through the Website that in Company’s opinion: (i) are defamatory, threatening, obscene
or harassing; (ii) contain a virus, worm, Trojan horse or any other harmful component; (iii)
incorporate copyrighted or other proprietary material of any third party without that party’s
permission; (iv) violate Company’s rules or procedures; or (v) otherwise violate any applicable
laws or regulations. You acknowledge that Company does not have a duty to pre-screen content
but that Company expressly reserves the right to reject any submission of User Content on the
Website. The Company shall not be subject to any obligations of confidentiality regarding any
User Content that you submit except as specified in Company’s Privacy Policy, or as otherwise
specifically agreed to or required by law. You understand that all User Content you submit
through the Website is the sole responsibility of the person from whom such information or
materials originated. Thus, you, not Company, are entirely responsible for such information and
materials and liable for any infringement, violation of privacy, defamation, libel or other causes
of action that arise from such User Content.
UPDATES. The Company may from time to time in its sole discretion develop and provide
Mobile Application updates, which may include upgrades, bug fixes, patches or other error
corrections, and/or new features (collectively, including related documentation (“Updates”).
Updates may also modify or delete in their entirety certain features and functionality. You agree
that the Company has no obligation to provide any Updates or to continue to provide or enable
any particular feature of functionality. Based on your mobile device settings, when your mobile
device is connected to the Internet either:
- (a) the Mobile Application will automatically download and install all available
Updates; or - b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Mobile
Application or portions thereof may not operate properly should you fail to do so. You further
agree that all Updates will be deemed a part of this TOU and be subject to its terms.
INDEMNIFICATION: You agree to indemnify and hold harmless Company and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors from any claim or demand,
including reasonable attorneys’ fees, made by any third party due to or arising out of User
Content or Submission you submit, transmit or otherwise make available through the Service,
your use of the Service or Company Content, your connection to the Service, your violation of
the TOU, your use or misuse of the Website, or your violation of any rights of another party.
TRADEMARKS: The names Word & Brown®, AgencyWow, HRWOW®, and WBMedID are
protected marks. Unauthorized use of trademarks, service marks or logos owned by the
Company is strictly prohibited and may also be a violation of federal and state trademark laws.
COPYRIGHT: The Website is protected by U.S. copyright laws of the Company, its affiliates,
and certain third party providers. Except as expressly provided under “Use of Website” section
above, you may not use, reproduce, modify, transmit, distribute or publicly display any part of
the Website or Company Content without the prior written consent of the Company. We respect
the intellectual property of others, and we ask you to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide our Copyright
Agent the following information:
- (a) An electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; - (b) A description of the copyrighted work that you claim has been infringed;
- (c) A description of where the material that you claim is infringing is located on the Site;
- (d) Your address, telephone number, and email address;
- (e) 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 - (f) 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. Our Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached by directing an e-mail to the Copyright Agent at
jcompangano@wordandbrown.com, or by letter sent postage prepaid to Word & Brown,
721 S. Parker, Orange, CA 92868, attention: Jeff Compangano, Copyright Agent.
GOVERNING LAW: The TOU shall be governed in all respects by the laws of the State of
California, USA, without reference to its choice of law rules. By accessing the Website you
understand and agree that all transactions take place in Orange County, California and agree that
the Orange County Superior Court has exclusive jurisdiction over any disputes with the
Company arising from or related to your use of the Website or any of the services or Company
Content or User Content on the Website. You irrevocably consent and submit to the exclusive
personal jurisdiction of that court, and you irrevocably waive any jurisdictional, venue or
inconvenient forum objections to such court.
STATUTE OF LIMITATIONS: Except for claims arising from your misuse of the Website or
Company Content, You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOU must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
Third Party Links: The Website may contain links to third party websites. The Company makes no representation regarding
the content or accuracy of any website that you may access through the Website. The Company does not monitor and is not
responsible for the content found on other websites that are linked from the Website. The Company does not imply
endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the
site, and the Company shall have no liability for its content, including its accuracy, subject matter, quality or
timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN
RISK. The views,
opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or
distributor(s), not of the Company.
THIRD PARTY SERVICES: We may allow access to or advertise certain third-party product or
service providers (“Merchants”) from which you may purchase certain goods or services. You
understand that we do not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is at your sole risk and is without
warranties of any kind by us, expressed, implied or otherwise including warranties of title,
fitness for purpose, merchantability or non-infringement. Under no circumstances are we
liable for any damages arising from the transactions between you and merchants or for any
information appearing on merchant sites or any other site linked to our site. All rules,
policies (including privacy policies) and operating procedures of Merchants will apply to you
while on any Merchant sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
SECURITY: The Company does not make warranties or representations regarding the security of
Company Content or User Content. Data sent over the Internet may be intercepted by third
parties; if you are concerned about the security of your data, you should not send it over the
Internet.
USER ID AND PASSWORD: You are required to have a user ID and password to access certain
areas of the Website. You are responsible for maintaining the confidentiality of your user ID and
password and are responsible for all uses of them, regardless of whether the uses were authorized
by you. The Company prohibits the transfer or sharing of user IDs and passwords. You agree to
immediately notify the Company of any unauthorized use of your user ID or password or any
other breach of security.
LINKING TO THE WEBSITE: You may not link to the Website prior to obtaining written
permission from the Company, which may be withheld in Company’s sole discretion.
INFORMATION AND PRESS RELEASES: The Website contains information and press
releases about us. We disclaim any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or endorsed by us.
YOUR REGISTRATION OBLIGATIONS: In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete information about yourself as prompted
by the Service’s registration form (“Registration Data”) and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the
Company has the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
INTERSTATE NATURE OF COMMUNICATIONS ON WEBSITE: When you register with
the Website, you acknowledge that in using Services to send electronic communications, you
will be causing communications to be sent through the Company’s computer networks. As a
result, and also as a result of the Company’s network architecture and business practices and the
nature of electronic communications, even communications that seem to be intrastate in nature
can result in the transmission of interstate communications regardless of where you are
physically located at the time of transmission. Accordingly, by agreeing to the TOU, you
acknowledge that use of the Service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of
the Internet, you agree to comply with all local rules regarding online conduct and acceptable
content. Specifically, you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside. If you access
the Website from a region of the world other than the United States, with laws or other
requirements governing personal data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use of the Website or Services, you are
transferring your data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including your Website ID), use
of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE: You agree that the Company
has no responsibility or liability for the deletion or failure to store any messages and other
communications or other User Content maintained or transmitted by the Service. You
acknowledge that the Company reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Company reserves the right to modify
these general practices and limits from time to time.
TERMINATION: You agree that Company may, in its discretion, and without prior notice,
immediately terminate your Website account, any associated email address, and access to the
Service. Upon Company’s termination of your Website account, you must cease all use of the
Website and delete all copies of the Mobile Application from your mobile device and wireless
electronic device.
NO THIRD PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided
in this TOU, there shall be no third-party beneficiaries to this agreement.
WAIVER: No waiver of any term of this TOU shall be deemed a further or continuing waiver of
that term or any other term. The Company’s failure to assert any right or provision under this
TOU or any other Agreement shall not constitute a waiver of that right or provision.
HEADINGS: The section and paragraph headings used in this TOU are inserted for convenience
only and will not affect the meaning or interpretation of this TOU.
VIOLATION OF TOU: The Company reserves the right to seek all remedies available at law
and in equity for violations of the rules and regulations set forth in this TOU and the Privacy
Policy (which is incorporated by reference), including, but not limited to, the right to block
access from a particular Internet address and/or mobile or wireless electronic device to the
Website. We have the right to disable any user name, password, or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or no reason,
including if, in our opinion, you have violated any provision of this TOU.
ENTIRE AGREEMENT; SEVERABILITY: This TOU, and the applicable Privacy Policy for
each of Company’s Websites, constitutes the entire agreement between you and the Company
relating to the use of the Website. Additional terms and conditions may apply when you use any
Third Party Services or access any linked websites. If any provision of this TOU is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this TOU, which shall remain in full force and effect.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES: Visiting the
Website, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications we provide to you electronically, via email and on the
Website, satisfy any legal requirement that such communication be in writing. You hereby
agree to the use of electronic signatures, contracts, orders, and other records, and to
electronic delivery of notices, policies, and records of transactions, initiated or completed
by us or via the Website. You hereby waive any rights or requirements under any law or
regulation in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or
to payments or the granting of credits by any means other than nonelectronic means.
Contacting The Company: If you have Website questions, comments, or concerns, please email helpdesk@wordandbrown.com. Please include detail of your questions,
comments or concerns and your complete name and contact information. You may also call the Help Desk at (800)
939-1377.