Before using or accessing any of the features displayed on InsuranceAgentApp.com (“Site“), offered by Blue I, LLC (“Blue I”), please read this Terms of Use (“Agreement”).  With the use of the Site to determine whether or not to license the product, Insurance Agent App (“IAA”), this Agreement constitutes a legally binding agreement between You (“You/Your/User”) and Blue I.

It is your responsibility to review this Agreement periodically.  If You find at any time that any part of this Agreement is unacceptable, or if you do not agree with any portion of this Agreement, please do not use IAA, or the Site.

Blue I reserves the right, in its sole discretion, to modify or change the terms of this Agreement at any time without prior notice to You. Your continued use of the Site following the posting of any changes to the Agreement constitutes acceptance of those changes.

Content Rights

The Site and IAA are exclusive to Blue I.  All elements displayed or performed on or accessible through the Site and IAA (including, but not limited to text, graphics, logos, articles, photographs, images, illustrations, audio and video clips, application templates – the “Content”) are copyrighted by Blue I as a collective work under United States and international copyright laws.  This may include works that are the property of other third parties which are also protected under copyright laws.  Any publication, redistribution or retransmission of any copyrighted Content contained on the Site or IAA is prohibited without the permission of Blue I.  You may not use any Site or IAA Content without Blue I’s permission.  The title, ownership rights and Content rights of the Site and IAA reside solely with Blue I.  Third party-owned Content is owned and licensed by their respective owners.

Features of the Site will allow You to customize elements of the Site and will also allow You to customize elements of IAA online and for distribution via a mobile-technology and online platform.  You acknowledge and agree that Blue I shall own all right, title, and interest, in both the Site and IAA.

You acknowledge and agree that if You license IAA and make available any Material (as defined below), Blue I is hereby granted a non-exclusive, worldwide, royalty-free transferable right to fully exploit such Material solely to deliver the IAA service (including all related intellectual property rights) and to allow others to do so in connection with the features offered by the Site and IAA.

Site License

The Site is provided as a web-based service and all features and pages are owned and operated by Blue I.  Subject to the terms of this Agreement, You may access the Site to license and customize certain features of IAA.  Blue I may change, suspend or discontinue any of those features, templates or Content without notice or liability.

You warrant, represent and agree that You will not contribute, submit, or make available through the Site, or use the Site in connection with, any Material that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party.  Blue I reserves the right to remove any Content or Material from the Site at any time or restrict User access to the Site, for any reason (including, but not limited to claims of allegations from third parties or authorities relating to such Content), or if Blue I believes that You may have breached the terms of the Site License.

While using the Site, You may not:

• Copy, modify, or distribute Content from the Site;
• Upload or download files that contain software or other Content protected by copyright laws, privacy or intellectual property laws unless you own or control the rights to such files and have received all necessary consents;
• Upload files that contain a virus or corrupted data;
• Lie about the source of Material contained in a file that you upload to the Site;
• Modify, disable or interfere with security-related features of the Site;
• Attempt to collect information about Site users, including email addresses, without their consent;
• Post, transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user;
• Use any part of the Site or features to violate the security of any computer network, crack passwords, or security encryption codes, transfer or store Material that is believed to be threatening or obscene, or engage in any kind of illegal activity;
• Attempt to manipulate the fee structure of IAA;
• Deviate or attempt to manipulate IAA pricing, billing processes or fees owed to Blue I;
• Violate any U.S. or international laws, third party rights, or the terms of this Agreement.

IAA License

IAA is licensed, and not sold, to You.  In order for You to license IAA, You will need to create an online account.  Subject to your compliance with this Agreement, Blue I agrees to provide you with a revocable, non-transferable and non-exclusive account enabling you to access and use IAA, subject to the terms of this Agreement.  All Content created by, and contained in, IAA is owned and copyrighted by Blue I.  The use of such Content and the Material that You incorporate in connection with the licensing if IAA – text, client information, insurance data, documentation, photos, graphics, multimedia or other information – all defined as: “Material”, is governed by this Agreement.

Blue I reserves the right to remove any Content or Material from IAA at any time or restrict User access to IAA, for any reason (including, but not limited to claims of allegations from third parties or authorities relating to such Content or Material), or if Blue I believes that You may have breached the terms of the IAA License.

You may not lease, rent, sublicense or incorporate a fee to distribute IAA.

You are responsible for your marketing, communications and use of IAA.

While licensing IAA, You may not:

• Copy, modify, or distribute Content from IAA without the written permission of Blue I;
• Upload or download files that contain software or other Content protected by copyright laws, privacy or intellectual property laws unless you own or control the rights to such files and have received all necessary consents;
• Upload files that contain a virus or corrupted data;
• Lie about the source of Material contained in a file that you upload to the Site for use in IAA;
• Modify, disable or interfere with security-related features of IAA;
• Attempt to collect information about IAA users without their consent;
• Post, transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any IAA user;
• Use any part of IAA or its features to violate the security of any computer network, crack passwords, or security encryption codes, transfer or store Material that is believed to be threatening or obscene, or engage in any kind of illegal activity;
• Attempt to manipulate the fee structure of IAA;
• Deviate or attempt to manipulate IAA pricing, billing processes or fees owed to Blue I;
• Violate any U.S. or international laws, third party rights, or the terms of this Agreement.

User Registration & Security

As a condition to license IAA, You will be required to register to establish an account with Blue I. In doing so You must select a password and enter a User email address.  User shall provide accurate, complete and current registration information.  User expressly agrees to: a) not divulge account information or allow access to the User’s account to anyone without proper authorization; b) maintain the security of your User identification, password, and other information about your IAA account; c) the sole responsibility for the security, confidentiality, and accuracy of all messages and the Material that you send, receive, upload, download, transmit via, or store on IAA; d) pay all fees related to unauthorized use of the User’s IAA account, including unauthorized use prior to notifying Blue I in writing of such use, and taking steps to prevent its recurrence including changing the User password.

User Representations & Warranties

You represent and warrant to Blue I that: a) You have the power, authority or consent to enter into and perform your obligations under this Agreement; b) all information provided by You to Blue I is complete, accurate and truthful; c) You are the authorized signatory of the credit or charge card used  to license IAA; d) You have provided or will provide accurate and complete registration information including, without limitation, your legal name, address and telephone number; e) each time You contribute Material related to the licensing of IAA on the Site You represent and warrant that You own or otherwise control the rights or have the necessary consents to upload or post such Material, and to enable inclusion and use of the Material in the manner contemplated by Blue I and this Agreement; f) You will agree to all applicable Terms of Service for Apple’s App Store and for Google Play; g) You shall comply with all terms and conditions of this Agreement, and with all applicable U.S. and international laws regarding your use of the Site and/or IAA; and h) You agree to having the property and casualty insurance policy data of your customers transmitted digitally for display within IAA.

Fees & Term

IAA charges a license fee to You for initial branding and set-up, and a monthly maintenance/hosting fee (license + monthly = the “Fees”) that will be automatically charged on the monthly anniversary date of when You first license IAA.  When You license IAA You will be charged based on our pricing schedule, which we may change from time to time, and will post under the PRICING tab on the Site.  We may choose to temporarily change the fees for IAA for promotional events.  Unless otherwise stated, all fees are quoted in U.S. dollars.

Fees are paid in advance and are not refundable.  Refunds or partial credits will not be issued for a partial month of service, or downgrades.  If You choose to upgrade to a different pricing plan, the amount charged will be the difference in the upgrade pricing plan and the amount already paid.

We reserve the right to deactivate your User account for failure to pay applicable Fees.  If you provide us with a credit card that expires during the term of this Agreement, You will need to update your credit card information in your Site account.  You agree to promptly pay Blue I in the event your credit card issuer refuses to pay any amount to Blue I for any reason.  You agree to pay interest at the rate of either 1.5% per month on any outstanding balance, together with collection fees, including attorney’s fees.  Failure to pay Blue I any amount when due may result in the immediate suspension or termination of your Site account.

Your license term of IAA will begin when You pay for the initial license of IAA. The license will automatically renew on the monthly anniversary day payment was first received, unless You notify us in writing via USPS, or email (receipt of which must be confirmed with a reply email from Blue I) of your intention to terminate your license of IAA.  You must cancel your IAA license before your monthly renewal/anniversary date to avoid a charge to your credit card for the monthly Fee.

Equipment & Ancillary Services

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Site, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other communication device connection services. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and IAA, and User shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.

Use of Information

Blue I may make available to third parties de-identified Material related to IAA and its Users.

Blue I does not sell or sublicense any Material to marketers.

Blue I and/or its third-party vendor may have access to Material You add to the Site for use in IAA. All Material will be disclosed to third parties as required by law or regulation and may be deemed discoverable by third parties.

Claims

As a result of involvement in an insurance claim, the Material added to IAA may be deemed discoverable by third parties and used in claims investigation and/or litigation. Blue I and/or the participant may be legally required to provide the Material to others involved in the claim or their legal counsel. If You or your client(s) are involved in a claim, You should not expect to retain data privacy or confidentiality of the Material added through IAA.

Links to Third Party Websites

IAA and this Site may contain links to other sites. Blue I provides links to other sites as a convenience to persons who use the Site and/or IAA. If You choose to use the services provided by those sites, You may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with Blue I). Please be aware that Blue I is not responsible for the privacy practices of those sites, even though the IAA name or logo may appear on those sites. We encourage You to be aware when You leave IAA or this Site, You should read the privacy policies of each web site that You visit, as the privacy policies of those sites may differ from ours. Blue I is not responsible for the contents of any linked site or any link contained in a linked site.

Operations

You acknowledge and agree that on occasion the Site and IAA may be inaccessible or inoperable for any reason, including, without limitation: a) equipment malfunctions; b) periodic maintenance, procedures or repairs by Blue I or any of its third party vendors, e.g.: Amazon Web Services, Google Cloud Platform, etc.); or c) events or force majeure beyond the control of Blue I, or could not reasonably be foreseen by Blue I.

With respect to the operation of IAA, Blue I reserves complete and sole discretion of the following: i) withdraw, discontinue or suspend any or all functionality or feature of the Site and/or IAA; ii) monitor the Site for violations and/or compliance with this Agreement and report to law enforcement authorities and/or take legal action against anyone who violates this Agreement.

Disclaimer of Warranties

BLUE I AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, OR ANY CONTENT.  BLUE I AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:  (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION BY VIRUSES OR CODE THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES.  THE SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BLUE I AND ITS LICENSORS. BLUE I RESERVES THE RIGHT TO CHANGE THE SITE OR IAA IN ANY WAY, AT ANY TIME, FOR ANY REASON.  IF YOU ARE NOT SATISFIED WITH ANY PORTION OF THE SITE OR IAA, OR WITH ANY PORTION OF THIS AGREEMENT YOUR SOLE AND ONLY REMEDY IS TO DISCONTINUE USING THE SITE AND TERMINATING YOUR LICENSE OF IAA.

Internet Delays

IAA’S SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BLUE I IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Mutual Indemnification

You shall indemnify and hold Blue I, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) (“Losses”) arising out of or in connection with: (i) a claim alleging that use of the data stored by You infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by You of your representations and warranties; or (iii) a claim arising from your use of the Application or otherwise arising under this Agreement, provided in any such case that Blue I (a) gives written notice of the claim promptly to You; (b) gives You sole control of the defense and settlement of the claim (provided that You may not settle or defend any claim unless You unconditionally release Blue I of all liability and such settlement does not affect Blue I’s business or Application and does not include a statement as to, or an admission of fault, culpability or failure to act by or on behalf of Blue I); (c) provides to You all available information and assistance; and (d) has not compromised or settled such claim.

Blue I shall indemnify and hold You and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all Losses arising out of or in connection with a claim alleging that the Application directly infringes a copyright, a U.S. patent issued as of the date an account is activated by You, or a trademark of a third party; provided that You (a) promptly give written notice of the claim to Blue I; (b) give Blue I control of the defense and settlement of the claim (provided that Blue I may not settle or defend any claim unless it unconditionally releases You of all liability and does not include a statement as to, or an admission of fault, culpability or failure to act by or on behalf of, You); (c) provide to Blue I all available information and assistance; and (d) have not compromised or settled such claim. Blue I shall have no indemnification obligation, and You shall indemnify Blue I pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Application with any of your products, service, hardware or business process(s).

Waiver & Release

You agree that Blue I nor its officers, directors, employees, agents, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site, IAA, or the Content.  You hereby release and forever waive any and all claims you may have against Blue I, its officers, directors, employees, agents, licensors or suppliers (including but not limited to claims based upon the negligence of Blue I, its officers, directors, employees, agents, licensors or suppliers) for losses or damages you sustain in connection with your use of the Site, IAA or the Content.

Liability Limitation

Notwithstanding the preceding paragraph, except as set forth below, in no event shall either party’s aggregate liability exceed $500.  In no event shall either party and/or its licensors be liable  to anyone for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the Site or IAA  including, but not limited to the use or inability to use the Site or IAA, or for any content obtained from or through the Site or IAA, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

No limitations or exclusions of liability shall apply with respect to any claims based on either party’s indemnities, gross negligence or willful misconduct.

Termination

Either You or Blue I may terminate your right to use the Site or IAA at any time, with or without notice, with or without cause, subject to the terms set forth herein.  All provisions of this Agreement, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and liability limitations.

Privacy Policy

The Site’s current Privacy Policy can be found here: https://InsuranceAgentApp.com/privacy-policy

Notice of Copyright Infringement

If you believe that material or Content utilized on the Site or accessible on IAA infringes on a Copyright, please email Blue I at the following address: contact@InsuranceAgentApp.com.

Miscellaneous

Blue I may suspend access to the Site or IAA at any time, with or without notice or liability, if You breach any of terms of this Agreement, or for any reason.  The failure of You or Blue I to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Blue I shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Blue I’s reasonable control.  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement is not assignable or transferable, and may not be sub-licensed without Blue I’s prior written consent.

This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina.  You understand that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the terms of this Agreement, and that all modifications must be in writing and signed by both You and Blue I.  No entity, partnership, joint venture or employment is created as a result of this Agreement, and You do not have any authority of any kind to bind Blue I in any respect whatsoever.

Last Updated: January 2024