These Web Services (as defined below) are operated by Builder Reciprocal Insurance Exchange (collectively, ‎‎“BRIE” “we,” “our,” and “us”).

These terms of use (“Terms of Use”) govern the use by any user residing in or accessing any Web sites or online services that we own and control (“users,” “you,” “your”), including any Web site or mobile application, that posts a link to these Terms of Use, and any interactive features, widgets, plug-ins, applications, content, downloads and other services that we may own and control and make available to Users through any Web sites that we own and control and to which we post a link to these Terms of Use, including any services or any self-service platform we offer (collectively, the “Web Services”), regardless of how you access or use them, whether via personal computers, mobile devices or otherwise ‎(each a “Device”)‎. To the extent that we provide you notice on the Web Services of different or additional terms of use or if you access our Web Services from a different jurisdiction outside of the United States, those additional or jurisdiction-specific terms shall govern your use of any Web Services. 

Your use of the Web Services constitutes your agreement to these Terms of Use.

In addition to reading these Terms of Use, please review our Web site Privacy Policy, which applies to our collection, use and sharing of your information on the Web Services. If you do not agree to the terms of our Privacy Policy or these Terms of Use, please do not access or otherwise use this website or any information or content contained on the Web Services.

These Terms of Use may be revised by us periodically at any time. It is your responsibility to visit the Web site frequently to review carefully the current terms and conditions of use that govern Users’ continued use of the Web Services and access to Site Content (as defined below). When we modify these Terms of Use we will update the effective date above. Your use of the Web Services following the posting of an updated Terms of Use constitutes your irrevocable acceptance of such new Terms of Use. Each and every time you access and use the Web Services you shall be deemed to have agreed to the then current applicable Terms of Use. As a condition of your use of the Web Services and access to Site Content, you warrant to us that you will not use the Web Services for any purpose that is unlawful or prohibited by these Terms of Use or applicable law or reproduce or distribute any portions of the Web Services or Site Content for any commercial use, except as expressly authorized herein.

Intellectual Property.

The design of the Web Services and their content, including the text, information, data, software, scripts, graphics, photos, sounds, videos, music, interactive features, products, materials, services and the like and any trademarks, service marks and logos contained therein (“Site Content”), are the exclusive property of or are licensed to BRIE or one of its affiliates and are protected by applicable copyright and other intellectual property laws. BRIE hereby grants you a limited, non-exclusive, revocable, non-sublicensable, and non-transferrable license to view and download the Site Content only for your personal use, provided that you retain all copyright and other proprietary notices on any permitted copies of the materials. You may not copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, translate, sell, rent, or otherwise exploit these Web Services or any of the Site Content. BRIE reserves all rights not expressly granted to you in and to the Web Services and the Site Content under these Terms of Use.  You agree not to engage in any use, copying, or distribution of any of the Site Content, whether manually or by using robot, scraper, crawler or any other automated device or process, other than as expressly permitted herein or as reasonably necessary for you to use the Web Services for its intended purpose, including any use, copying, or distribution of any Site Content for any commercial purposes.  You in no way will obtain any ownership interest or other right in any of the Site Content.

The display of any trade names, trademarks, service marks, logos, or domain names on these Web Services or Site Content does not imply that a license of any kind has been granted to you with respect to such trade names, trademarks, service marks, logos, or domain names, except as explicitly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.

Web Services Use and Restrictions.

Any unauthorized use by you of these Web Services for any purpose is prohibited. We may suspend or terminate the availability or your use of the Web Services (and any elements or features of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability to you.

You agree that you will not: (i) use our Web Services for any political or commercial purpose, aside from the purchase of goods or services if offered for sale through the Web Services by BRIE or any of its affiliates; (ii) engage in any activities through or in connection with our Web Services that attempt to or actually do harm to any individuals or entities or are unlawful, offensive or abusive, or that violate any right of any third party, or are otherwise objectionable to BRIE in its sole discretion; (iii) reverse engineer, decompile, disassemble, reverse assemble or modify any Web Services source or object code or any software or other products, services or processes accessible through any portion of our Web Services; (iv) engage in any activity that interferes with another user’s access to our Web Services or the proper operation of our Web Services, or otherwise causes harm to our Web Services, BRIE or other users; (v) use Site Content in a manner that suggests an unauthorized association with any of our products, services or brands; (vi) interfere with or circumvent any security or access feature of our Web Services; or (vii) otherwise violate these Terms of Use or applicable law.

Modifications to Policies, Prices and Terms.

By providing information or other materials, such as insurance policy descriptions, on our Services, BRIE does not in any way promise that the information or other materials will remain available to you or that you will qualify for any of the products or services we offer. BRIE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEB SERVICES OR BY E-MAIL DELIVERY TO YOU.

In accordance with various applicable insurance laws and other regulatory restrictions, insurance products and services referenced on the Web Services may not be available or suitable for all jurisdictions and may not be offered by all the insurers within BRIE.

Except as expressly stated herein, the information contained on these Web Services is not an offer to sell, bind or issue, or a solicitation to purchase, any insurance product or other product or service by BRIE. Rather, the information on our products and services is provided to you so you can learn what products BRIE generally offers. Please contact a designated BRIE representative or your insurance broker to find out which products and services are available to you in your jurisdiction. We may make improvements and/or changes to the products, services and/or programs described on these Web Services at any time without notice to you.

The Web Services do not amend, modify or supplement any insurance policy. Consult the actual insurance policy or your insurance broker or contact us for the name of a representative who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services offered by BRIE is subject to final determination of our underwriting qualifications and acceptance by BRIE’s underwriting insurance company providing such products or services.

‎Security and Communications.

You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of these Web Services, you do so solely at your own risk, and in doing so you consent to receive communications from us electronically. BRIE does not guarantee that electronic communications will not be intercepted or changed or that they will reach the intended recipient securely. Further, please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirement that such communications be in writing.

Links to Third Party Websites.

These Web Services may contain hyperlinks to Web sites operated by persons or entities other than BRIE or any of its affiliates. Such hyperlinks are provided for your reference and convenience only. Please be aware that BRIE does not monitor, endorse or accept responsibility for the content on such Web sites or the operator or operations of such Web sites. You are solely responsible for determining the extent to which you may use any content or services provided at any other Web sites that you might link to from these Web Services. You agree not to hold BRIE responsible or liable for the content or operation at any other Web site to which you might link from these Web Services. 

Disclaimers.

Your access to and use of these Web Services is at your sole risk. You are entirely liable for your activities. BRIE does not warrant to you the accuracy, completeness, timeliness, availability, usefulness or other characteristics of the Web Services or any Site Content. These Web Services and the information on it are provided solely on an “as is” and “as available” basis. BRIE makes no representation or warranty to you of any kind, express or implied, and hereby disclaims all warranties, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. BRIE does not warrant to you that these Web Services are free of viruses, worms, trojan horses or other harmful components.

BRIE shall not be responsible or liable, directly or indirectly, to you for any loss or damage, including any lost profits, lost revenue lost savings or any direct, incidental, punitive or consequential damages, caused by your use of, or reliance on, or inability to use or access, or delays in, or inaccuracies or errors or defects or omissions in, the Web Services, whether resulting from impaired or lost data, software or computer failure or any other cause, regardless of the claim as to the nature of the cause of action, and even if BRIE has been advised of the possibility of such damage or loss.

You hereby expressly and irrevocably release BRIE and its affiliates from any and all liability or responsibility for any damage caused, directly or indirectly, to you or any third party as a result of use of these Web Services or the Site Content, including any content or file downloaded or accessed. You specifically acknowledge that BRIE and its affiliates shall not be liable for your User Submissions, any claim content or the defamatory, offensive, harmful or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

You agree that any cause of action or claim you may have against BRIE or any of its affiliates arising out of or relating to these Terms of Use or the Web Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

See below for potential exclusions and limitations in your jurisdiction to the above disclaimers.

Indemnification.

You agree to defend, indemnify and hold BRIE, its affiliates and their respective employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, demands, settlements, claims, actions, costs and expenses (including reasonable attorneys’ fees and expenses) in connection with or arising from: (i) your use of these Web Services, the Site Content, and/or your uploading of any insurance claim content, if available, as it may change from time to time; or (ii) your violation of these Terms of Use. BRIE may, if necessary, participate in the defense of any claim or action at your sole expense and any negotiations for settlement. BRIE reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a third-party claim that your use violates or allegedly violates a third party’s rights, you agree promptly to notify BRIE. You agree to cooperate in good faith with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the prior written consent of BRIE.

See below for potential exclusions and limitations in your jurisdiction to the above disclaimers.

No Waiver.

Except as expressly set forth in these Terms of Use, (a) no failure or delay by you or BRIE in exercising any of rights, powers or remedies under these Terms of Use will operate as a waiver of that or any other right, power or remedy, and (b) no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

Severability and Interpretation.

If any provision of these Terms of Use is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use (which will remain in full force and effect). Any waiver of any provision of these Terms of Use must be in writing signed by an authorized representative of BRIE to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. To the extent permitted by applicable law, you agree to waive, and you hereby irrevocably waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Use, the word will be deemed to mean “including, without limitation.”

Availability of Products and Services; International ‎Issues.

If you are from a non-U.S. country, please be aware that the laws in the United States are likely different ‎from those of the country in which you are located. By using and providing ‎information through the US Web Services, you are consenting to (and represent that you have ‎authority to consent to), the transfer of such information to the United States for ‎the uses and purposes described in these Terms of Use (and any Additional Terms), and ‎subject to our Privacy Policy. If you are a user from another jurisdiction, please select the appropriate jurisdiction at the top of our Web Services that is applicable to your location.‎

Ability to Accept Terms of Use.

You affirm that you are the age of majority in your jurisdiction and are fully able and ‎competent to enter into the terms, conditions, obligations, affirmations, representations, ‎and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Web Services not intended for children under the age of eighteen (18). If you are under 18 years of ‎age, then please exit now and do not use the Web Services.‎

Applicable Law. 

These Terms of Use will be governed by, construed and enforced solely in accordance with the laws of the State of Texas without giving effect to its principles of conflicts of law or the application of any law of any other jurisdiction. Subject to the dispute resolution and arbitration provisions set forth below, you hereby irrevocably consent and submit to the person jurisdiction of the state and federal courts located in Texas.

Exclusions and Limitations; Consumer Protection Notice.

If you are a consumer, the provisions in these US Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence or jurisdiction. Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms of these Terms of Use inapplicable to you. Specifically, if you are a New Jersey consumer, certain of these Terms of Use do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use, as they pertain to you, are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms of Use shall limit or waive your rights as a consumer under the law of your state of residence. In any event, BRIE reserves all rights, defenses and permissible limitations under the law of your state of residence or jurisdiction.

User Submissions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to BRIE (“User Submissions”) are not confidential and you grant BRIE a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to distribute, publish, modify, edit, create derivative works or otherwise use your User Submissions. BRIE shall be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Contact Us.

If you have any questions regarding our Terms of Use, practices, or your use of our Web Services, please contact us at:

BRIE
2400 Dallas Parkway
Plano, TX 75093