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Terms of Use

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Last Revised: February 25, 2020

1. Introduction

You agree to be bound by the terms and conditions contained within the Terms of Use, as well as our Privacy Statement and Cookies Policy. Collectively, these form a legally binding agreement between Pascal Burke Insurance Brokerage, Inc. (PBIB) and you.

The terms, “PBIB,” “we,” “us,” or “our” mean Pascal Burke Insurance Brokerage, Inc., a California corporation which does business in all U.S. states. The terms, “you,” “customer,” and “user” shall mean you, users of our services, and any entity or organization you or such users shall represent. The term “Services” means, collectively, various websites, applications, widgets, information, email notifications, text notifications and other mediums, or portions of such mediums, through which you have accessed the Terms of Use. The Terms of Use contains an agreement to arbitrate all claims and disclaimers of warranties and liability.

2. Privacy Statement

By using our Services and visiting our website, you acknowledge that you have read and understand our Privacy Statement. The terms of Use incorporate the Privacy Statement in full, and by agreeing to the Terms of Use, you agree to be bound by the terms of the Privacy Statement. You also acknowledge receipt of our Cookies Policy, which is also incorporated into our Privacy Statement.

3. Your Compliance to the Terms of Use

By using our Services and visiting our website, you voluntary accept and consent to the Terms of Use. This consideration includes but is not limited to, access to our services and our ability to interact with you for our services. You are expressly representing that you have the capacity to agree to be bound to the Terms of Use and, where acting on behalf of a business entity or other organization, agree that you have the authority to so bind that entity or organization.

4. On Data Collection

You consent to and agree that PBIB may collect data and your personal data as defined by our Privacy Statement.

When applying for insurance from PBIB you are providing information for the production of insurance applications, and you represent that you have provided notice to and have received consent from your employees that will allow us to obtain any motor vehicle records related to those employees to be used in underwriting decisions.

5. Consent to Receive Electronic Copies of Insurance Documents

By using our Services and visiting our website, by filling out insurance applications, you consent to receive all insurance documents in electronic form only to an email address you provide, or via text messaging or phone calls.

6. Use of Our Services

Our services, related content, and generated data will only be used for your own personal, informational, and non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generate data without PBIB’s express written consent. Your use of PBIB Services is not transferable by you to any other person or entity.

We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.

7. Prohibited Activities

You are responsible for anything you transmit to PBIB via our website, email, text, phone, Facebook, Twitter, Instagram, Yelp, or Google Review. You represent that your transmissions to PBIB will be truthful, accurate, and not misleading.

Prohibited activities:

- Criminal activity or tortious activity, including fraud, harassment, spamming, copyright infringement, patent infringement, or theft of trade secrets.

- Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks.

- Attempting to impersonate another user;

- Using false information such as: email address, phone number, postal address or other contact information.

- You shall not access the Site in order to build a similar or competitive website.

- Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

8. Monitoring of Services

We reserve the right, but have no obligation to, monitor our Services for your or third party violations of the Terms of Use, take appropriate legal action against anyone who violates the Terms of Use, refuse or restrict access to or availability of any user`s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of PBIB and its customers.

9. Termination of Your Account or Use of Our Services

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.

10. Content

“User Content” means any content, material, or information that you contribute through the Site. You hereby grant PBIB a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right, including the right to sublicense to third parties, to: reproduce, fix, adapt, modify, translate, reformat, create derivative works from, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, display, perform, enter into computer memory; and the right to use and practice such User Content as well as all modified and derivative works thereof. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

11. Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

12. Dispute Resolution and Governing Law

a) Binding Arbitration. If you and PBIB are unable to resolve any controversy or claim related to this Agreement (each a “Dispute”), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

b) Restrictions. You and PBIB agree that any arbitration shall be limited to the Dispute between PBIB and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

c) Exceptions to Arbitration. You and PBIB agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of PBIB’s intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.

d) Location. Any arbitration will take place in Orange County, CA. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), shall be decided by a court of competent jurisdiction within Orange County, CA, and you and PBIB hereby submit to the personal jurisdiction of that court.

e) Governing Law. Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

13. General Terms

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. PBIB’s failure to act with respect to any failure by you or others to comply with these Terms does not waive PBIB’s right to act with respect to subsequent or similar failures. These Terms set forth the entire understanding and agreement between you and PBIB with respect to the subject matter hereof. These Terms relate to this Site only. Other PBIB websites may also contain a Terms of Use or Terms and Conditions that may differ from these Terms. Please make sure that you read the Terms of Use or Terms and Conditions.