Terms of Use

Your use of this web site is subject to the following terms and conditions (the "terms and conditions"). This web site, and the entire contents thereof, including but not limited to, information, materials, text, software and graphics (collectively referred to as the "Contents"), are provided by and are the exclusive property of Burcham Insurance, Inc. ("BI") and its affiliates. Your use of this web site indicates: (1) that you have read and understand the terms and conditions; (2) that you agree to comply with and be bound by, and have the capacity to comply with and be bound by, the terms and conditions; and (3) that if you represent or are acting on behalf of an entity, that you have the capacity to bind such entity to the terms and conditions set forth below. If you do not agree with the terms and conditions, you must not download any information or materials from this web site and you must immediately discontinue use of this web site.

Changes in Terms and Conditions. BI reserves the right to amend, modify, revise, and restate, at any time and from time to time, the terms and conditions, without notice. Your use of this web site binds you to any amended, modified, revised, or restated terms and conditions. BI recommends that users of this web site periodically review the terms and conditions, as they are subject to change.

Use of the Contents and of this Web Site. You may only access and use this web site for informational purposes and as provided in the terms and conditions. Except as otherwise set forth below, BI owns this web site and all the Contents. Federal and state intellectual property laws and treaties apply to and protect the Contents and their use. BI does not claim any ownership rights or intellectual property claims to any third-party names, trademarks, or service marks, appearing on this web site and in the Contents. Your use of this web site and of the Contents does not entitle you to any ownership rights or intellectual property claims to the Contents. You assume sole responsibility for any damage caused, whether directly or indirectly, by your infringement of BI's intellectual property rights and/or by your transmission, use, distribution, redistribution, or replication, of any of the Contents in violation of the terms and conditions.

The Contents may not be transmitted, distributed, redistributed, replicated, downloaded, published, or posted, in any way without the prior written consent of BI. You may not: (1) transfer the Contents to another person or entity; (2) remove any intellectual property or ownership notice from the Contents; (3) tamper with, disassemble, decompile, or reverse engineer, any software materials; or finally, (4) modify or alter the Contents or use them commercially or for any public sale, rental, display, or performance.

BI has the unrestricted right to use any messages posted or material contributed by you to this web site, including by e-mail, fax, mail or other means of communication, and has the right to copy, republish, or sell, the message or contribution as part of its property.

BI reserves the right, without having to give prior notice, to change, discontinue, restrict or prevent access to, this web site or to the Contents or to any portion or feature thereof.

You may not provide links to, metatag, or frame this web site, without the prior written consent of BI. Your access and use may be periodically interrupted for any reasons or actions that BI, in its absolute and sole discretion, may elect to take or due to events beyond BI's control.

BI neither represents nor warrants that this web site and the Contents are free of any viruses or other code or computer programming routines that contain destructive properties or which are designed to adversely interfere with any system, data, or personal information.

Disclaimer; Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS WEB SITE. THE CONTENTS ARE PROVIDED "AS IS," AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. BI IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THIS WEB SITE OR ACCESS THE CONTENTS, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, THE CONTENTS, OR ANY HYPERLINKED SITE, EVEN IF BI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This web site is only intended to provide data and information that may be of interest to its users. The Contents are provided to you as a service and an educational tool. BI is not responsible for any errors or omissions in the Contents, nor for any loss or damage arising from your reliance on the Contents or a linked site. BI believes the Contents to be reliable, but makes no claims, warranties or representation, with regard to the reliability, accuracy, truth, timeliness, usefulness, or completeness, of the Contents. The Contents are comprised solely of general information and are not customized to your personal situation. As such, the Contents might not be suitable for your own needs. BI strongly advises you to seek your own legal, accounting and financial advice and counseling from a licensed professional in your local area. BI does not offer legal, accounting or financial advice or guidance. You should not depend or rely upon any of the Contents contained in this web site. Your reliance upon any of the Contents contained in this web site is done so at your own risk. You alone are responsible for any decisions you make as a result of using this web site.

Indemnification. You agree to indemnify, defend, and hold harmless, BI and its subsidiaries and affiliates, and their respective officers, directors, employees, and agents, from and against any and all loss, liability, claim, damage, and other expenses (including reasonable attorneys' fees) caused by or arising from your: (1) violation of the terms and conditions; (2) access to or use of this web site; or (3) failure to provide accurate, truthful, and complete, current personal information.

Violation of the terms and conditions. BI may refuse to permit you access to this web site, if, in BI's sole discretion, you violate any of the terms and conditions; restrict or inhibit any access or use of this web site; or use this web site to offend, threaten, harass, abuse, or defame, all of which is expressly prohibited.

Communications By Users. This web site may contain means by which users of this web site may communicate and exchange information. BI is not responsible for any statements made by users of this web site, and neither endorses statements made therein nor warrants that the statements are true. BI does not advise you to rely upon any of the statements. Your reliance upon any such statements is done at your own risk. BI reserves the right to prevent access to users who abuse the right to post communications and to edit statements made by users of this web site.

Hyperlinks. Hyperlinks contained in this web site belong to third-party sites ("linked sites") and are provided by BI for your convenience only. BI does not control linked sites in any way. BI neither expressly nor implicitly (i) represents or warrants the truth or accuracy of any information included in any linked site or (ii) endorses or sponsors any linked site, the content of any linked site, or any products sold or services offered by any linked site.

Governing Law; Arbitration. The terms and conditions and your use of this web site shall be governed and construed according to the laws of the State of Texas, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. Any civil action, dispute, or proceeding, arising out of or relating to the terms and conditions and your use of this web site, except for an injunctive action regarding a breach or threatened breach of any provision of the terms and conditions by you which shall be brought in a state court in Dallas County, Texas, shall be referred to final and binding arbitration before a single arbitrator under the commercial arbitration rules of the American Arbitration Association in Dallas County, Texas. You and BI shall jointly select the arbitrator. If you and BI are unable to find a mutually satisfactory arbitrator within 30 days after the notice of arbitration is given, then the American Arbitration Association shall select the arbitrator. Arbitration will commence only when the party requesting it has deposited $1,000 with the arbitrator for the arbitrator's fees and costs. Until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs, the party who requested arbitration is responsible for paying all fees that the arbitrator may periodically require. The arbitrator's final and binding conclusion may be entered in any court of competent jurisdiction.

Waiver. No supplement, modification, or amendment or waiver, of the terms and conditions shall be binding upon BI, unless executed in writing by a duly authorized representative of BI. The failure by BI to enforce any provision of the terms and conditions will not constitute a waiver of future enforcement of that or any other provision.

Severability. If for any reason any portion of the terms and conditions is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the terms and conditions will remain in full force and effect.

Headings. The headings used herein are for convenience only and shall not affect the interpretation or construction of the terms and conditions.

Survival. The terms and conditions, including all agreements, representations and warranties set forth herein, as amended, modified, revised or restated from time to time, shall survive your acceptance of the terms and conditions and your use of this web site.

Entire Agreement. The terms and conditions set forth the entire agreement between you and BI regarding the subject matter of the terms and conditions, and supersede any prior oral or written statements or agreements with respect to the same.