Legal
Terms of Service Agreement · Effective May 07, 2024
Please read the following Terms of Service Agreement carefully. By accessing or using our sites and services, you hereby agree to be bound by these terms and all terms incorporated herein by reference.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Brazos Public Adjusting LLC, also known as Brazos PA LLC, located at PO BOX 365, Hearne, Texas 77859 and our subsidiaries and affiliates, in association with the use of the Brazos PA LLC website and its Services.
The Site is a service business website which advertises and educates the public about the public insurance adjusting business.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services. The user acknowledges and agrees that the Services provided and made available through our website are the sole property of Brazos Public Adjusting LLC. At its discretion, Brazos Public Adjusting LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all such changes.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Brazos Public Adjusting LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Every member's registration data and various other personal information are strictly protected by the Brazos Public Adjusting LLC Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Brazos Public Adjusting LLC and/or our subsidiaries and affiliates.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.
Brazos Public Adjusting LLC shall not lay claim to ownership of any content submitted by any visitor or user. Therefore, you hereby grant Brazos Public Adjusting LLC a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services solely for the purpose of providing and promoting the specific area to which this content was placed. This license shall be available so long as you are a member and shall terminate when you elect to discontinue your membership.
Brazos Public Adjusting LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals to our site, you acknowledge and agree that:
All users herein agree to insure and hold Brazos Public Adjusting LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Brazos PA LLC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Brazos PA LLC's sites.
Brazos Public Adjusting LLC shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or participation in any promotions of, advertisers located on or through our Services are solely between you and any such advertiser. Brazos Public Adjusting LLC shall not be held responsible or liable for any loss or damage of any nature incurred as a direct result of any such dealings or the presence of such advertisers on our website.
Either Brazos Public Adjusting LLC or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials on or available from such third party sites or resources.
You acknowledge and agree that Brazos Public Adjusting LLC's Services and any essential software used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Except as expressly permitted by applicable law or as authorized by Brazos Public Adjusting LLC, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works based on Brazos Public Adjusting LLC Services, in whole or part.
Brazos Public Adjusting LLC has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code of our Software on a single computer, provided you do not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, or otherwise make an attempt to locate or discern any source code.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF BRAZOS PUBLIC ADJUSTING LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. BRAZOS PUBLIC ADJUSTING LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BRAZOS PUBLIC ADJUSTING LLC MAKES NO WARRANTIES THAT SERVICES WILL MEET YOUR REQUIREMENTS; SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BRAZOS PUBLIC ADJUSTING LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.
In the event you have a dispute, you agree to release Brazos Public Adjusting LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Brazos Public Adjusting LLC's content is provided primarily for informational purposes, and no content provided or included in our Services is intended for trading or investing purposes. Brazos Public Adjusting LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Brazos Public Adjusting LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Brazos Public Adjusting LLC trademarks, copyright, trade name, service marks, and other Brazos Public Adjusting LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Brazos Public Adjusting LLC. You herein agree not to display and/or use in any manner the Brazos Public Adjusting LLC logo or marks without obtaining Brazos Public Adjusting LLC's prior written consent.
Brazos Public Adjusting LLC will always respect the intellectual property of others. With regards to appropriate circumstances and at its sole discretion, Brazos Public Adjusting LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in a way that constitutes copyright infringement, please provide us with the following information:
You may sign up and provide your consent for a Brazos Public Adjusting LLC text message program by filling out a form at our office. When you agree to participate in our text messaging program, you agree to receive recurring messages with information and alerts from Brazos Public Adjusting LLC.
Messages may be in SMS or MMS format and will not contain marketing content. Consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.
You may stop receiving text messages from us at any time by replying STOP. You will receive one final text message confirming that you have opted out.
ENTIRE AGREEMENT: This TOS constitutes the entire agreement between you and Brazos Public Adjusting LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us.
CHOICE OF LAW AND FORUM: The relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. Any and all claims, causes of action and/or disputes arising out of or relating to this TOS shall be filed within the courts having jurisdiction within the County of Brazos, Texas or the U.S. District Court located in said state.
WAIVER AND SEVERABILITY OF TERMS: Should Brazos Public Adjusting LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS: Any claim or action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Brazos Public Adjusting LLC, or contact us with any questions.