Last updated 06/25/2020
YOU UNDERSTAND THAT BOX IS NOT AN INSURANCE CARRIER AND MAKES NO DECISIONS REGARDING THE INSURANCE COVERAGE NOR THE PROVISION OF INSURANCE SERVICES. BOX DOES NOT CHARGE USERS ANY FEE FOR THE SERVICES AND DOES NOT COLLECT ANY FUNDS FROM USERS.
Box provides an insurance application form as a service through its software application and website. Box may determine, in its sole discretion, to limit the use of the Services, add or remove features, or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that Box shall have no liability stemming from such changes. Any additions or modifications to the Services shall be in the sole discretion of Box and will be subject to these Terms.
All materials displayed on the Services including, but not limited to, text, graphics, news articles, charts, presentations, user communications, photographs, images and illustrations, shall be referred to herein as “Content.” Box and its licensors are the sole owners of all Content associated with the Services.
You are responsible for the Content that you post, upload or otherwise submit through the Services and the consequences of posting or publishing it. By submitting Content, you grant to Box a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such Content (including all related intellectual property rights) to use, copy, reproduce, process, publish, transmit, distribute, adapt, modify, prepare derivative works of, and display the Content in connection with the Services in any and all media or distribution methods (now known or later developed). By submitting Content, you also affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize Box to make available and share your Content in the manner contemplated by the Services and these Terms.
Box reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including, but not limited to, violations of these Terms. If you do violate these Terms, Box reserves the right to share any information with any third party. In addition, Box reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion. You understand that by using Box, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Box be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Box.
By using the Services you agree that you will not:
All intellectual property, including, without limitation, all images, designs, code, data, copyrights, trademarks, brands and service marks used in conjunction with the Services, are the property of Box. Box is the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any form, except as it relates to the personal use of the Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or the Box website, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide about improvements to the Services or the Site (“Feedback”) will be the sole and exclusive property of Box and you hereby irrevocably assign to Box all of your right, title, and interest in and to all Feedback.
You may terminate your account at any time by sending us notice. Upon any termination by you, your account will no longer be accessible. Cancellation requests will be handled within 30 days of receipt of such request. Box may at any time, suspend, disable or terminate your access to or use of the Services (a) if you violate or breach any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (b) if Box in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (c) immediately upon notice, to the e-mail address provided by you as part of your account information. We also reserve the right to terminate any inactive account (that has 90 days or more of non-use).
Box will not be liable to you or to any third party for the suspension or termination of your access or use of the Services. Upon any termination or suspension, you will no longer be able to access your account or the Services and Box will have no obligation to maintain any information that was stored in our database related to your account or to forward any information to you (or to any third party). Any suspension or termination will not affect your obligations to Box under these Terms.
Your access to and use of the Services is at your sole risk. Box expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Box makes no representations, warranties or guarantees, express or implied, regarding the accuracy, availability, reliability or completeness of the Services or any of the content therein. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Box, in its sole discretion, may elect to take.
UNDER NO CIRCUMSTANCES SHALL Box BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF THE USE OR MISUSE OF AND RELIANCE ON THE SERVICES (OR ANY CONTENT THEREIN). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Box HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Box and you. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold harmless Box and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, insurers, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Services by you or by any person to whom you have granted access (either deliberately or as a result of your negligence) to the Services, (ii) your violation of any of these Terms, (iii) any Content provided by you through the Services. or (iv) any other activity related to your account (including negligent or wrongful conduct). Box reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Box and its counsel in the conduct of such defense.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Service shall be filed only in the federal courts located in the State of Texas, or state courts located in Dallas County and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and Box with respect to the Services and supersedes any other agreement, proposals and communications, written or oral, between Box and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable. Box reserves the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify these Terms without notice. Any changes to these Terms will be posted on the website and/or through the Services, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, you can contact us at email@example.com