Terms and Conditions

Effective 1/1/2016

Updated 6/25/2019

The Services

Thank you for visiting blueberry.com ("Website," "Site," or "App"). The Site is owned and operated by Blueberry Insurance Agency, LLC. ("Blueberry Insurance Agency, LLC," "we," "us," or "our"). The terms of use detailed below (the "Terms of Use") govern your access to and use of the Site and the services that we make available to you through the Site (the "Services"). These Terms of Use are a legal contract between you and Blueberry Insurance Agency, LLC. By accessing or using the Site or any of the Services, you hereby agree to these Terms of Use, and you warrant that you are at least 18 years of age. If you do not agree with these Terms of Use, in whole or in part, please do not continue to use the Site or the Services. The Terms & Conditions policy is effective as of the last updated date specified above. We may change the Terms & Conditions at any time. Please check this page periodically for changes as your continued use of the Site or Services after any such change will constitute your acceptance of any modified terms.

Account

The site is largely a free and unrestricted resource, however, to access certain password-protected areas of the Site and Services, you must register for an account. Your account is also important for purchasing, storing, and managing your insurance policies. To register for an account, you must provide us with your first name, last name, and email address. You warrant and represent that all registration information provided by you is truthful and accurate. With your permission, we will create an account for you as a part of the Services, in this event, you are the owner of the account as if you created it. You are required to update your registration information as necessary from time to time. All registration information and any other personal information that you provide to us through your use of the Service is subject to the terms of our Privacy Policy. Accounts are protected by passwords and pins. You are solely responsible for the confidentiality of your password, as well as for any use of the Site or any Services made using your password. Your password should only be used by you, and you should not share your password with any third party. We reserve the right to delete or change any password at any time and for any reason upon notice to you. We reserve the right to issue a pin to log in to your account.

User conduct

You promise NOT to use this website for any of the following purposes or activities: Conducting or supporting illegal activity of any type whatsoever; transmitting or storing worms or viruses or any code of a destructive nature; threatening, harassing, abusing, impersonating, injuring or intimidating others; interfering with others' use of this Website, unless such interference is for the purpose of complying with another section of these Terms of Use; delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Website; disguising the origin of any content transmitted through this Website or manipulating your presence on the Website; and/or causing the launch of any automated system(s) that accesses this Website in a manner that sends more request messages to servers of the Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

Intellectual property

The Site contains material, such as text, graphics, images, photos and other material provided by or on behalf of us, and through your use of the Services you will be provided with additional information from us. These materials and information are collectively referred to herein as the "Content." The Content is owned by us and/or our licensors and may be protected under both United States and foreign copyright laws and treaties. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Site, which are registered and unregistered trademarks or service marks of ours or our licensors. Moreover, the organization and design of the Website are the property of Blueberry Insurance Agency, LLC and are protected worldwide by copyright laws and treaty provisions. You shall not, without our written permission in each instance: use any trademarks, service marks or logos in any manner; copy or use the Content for any purpose; remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or use or post or publish the Content. Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of Blueberry Insurance Agency, LLC. or any other party. Blueberry Insurance Agency, LLC and the stylized "Blueberry Insurance Agency, LLC." design are registered trademarks of Blueberry Insurance Agency, LLC. All other trademarks, trade names, service marks and logos displayed throughout the website are the property of Blueberry Insurance Agency, LLC, licensed by Blueberry Insurance Agency, LLC, or owned by third parties. You shall not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout the Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.

Unsolicited information

We provide Services for inquires and peer-to-peer interaction, and you are solely responsible for your use of these Services. By submitting any unsolicited information and materials, including comments, ideas, questions, and other similar communications, ("Unsolicited Information") you agree to be bound by the following terms and conditions. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and will become Blueberry Insurance Agency, LLC property upon its submission. We are entitled to use such communication or material for any purpose whatsoever, commercial or otherwise, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting, without any compensation to the provider of the Unsolicited Information. Further, we are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, commercial or otherwise, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information. Notwithstanding the foregoing, any personal information you submit to Blueberry Insurance Agency, LLC through the pages located on the Website will be held in confidence by us as set forth in our Privacy Policy.

Collection and use of information

Blueberry Insurance Agency, LLC respects your privacy. Your use of the Services transmits information, and possibly personally identifiable information. Any collection or use of personally identifiable information collected from you via the Website is governed by our Privacy Policy, which is hereby incorporated by reference in its entirety. It is important that you read and understand the terms of our Privacy Policy. Blueberry Insurance Agency, LLC may cooperate with and disclose information (including your account information) to any authority, government official or third party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of the Website.

Disclaimer and limitation of liability

 You acknowledge and agree that the site, the services, and all content are provided "as is," "as available", without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability or fitness for a particular purpose. we will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the site, the services, or any content.  Many insurance products quoted or sold through the site are third-party products and are not our products. we make no representations or warranties with respect to such products, and we accept no liability in connection with such products. all such products are provided to you pursuant to the terms and conditions of the insurance carrier providing such products.  In no event shall we be liable for direct, special, indirect, punitive, exemplary, or consequential damages, including lost profits, revenues or savings, even if we have been advised of the possibility of such damages in advance. because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions our liability is limited to the greatest extent permitted by applicable law. your sole and exclusive remedy for dissatisfaction with this site, any service, or any content is to stop using the same.

Excternal sites

The Site may contain links to third-party websites, including, without limitation, the websites of the insurance carriers offering the third-party insurance products made available to you through the Services ("External Sites"). We have no control over the External Sites, and we do not endorse and we are not responsible for the content of any linked External Sites. We are not responsible or liable for the actions, products or content of the External Sites, as they are provided for your convenience and are to be accessed entirely at your own risk. We do, however, seek to protect the integrity of our Website and welcome any feedback about external links, including information regarding a broken link. The Site may include interactive social media features (such as the Facebook "Like" button and Widgets, such as the "Share This" button) or other interactive mini-programs that run on our Website and connect to External Sites (collectively the "Features"). The Features may collect your IP address, which page you are visiting on our Website and may set a cookie to enable the Features to function properly. The Features are either hosted by a third party or hosted directly on our Website. Your interactions with the Features are governed by the privacy policy of the External Site providing them. Before using any External Site, please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You shall defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; or (ii) your access to, use, or misuse of the Site, any Services or any Content.

Termination

We may terminate these Terms of Use and your access to all or any part of the Site or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Services sat any time without prior notice or liability.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. We control and operate the Website from our offices within the State of California, United States of America, and these Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of the Website. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in Marin County, California. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

If you have any questions, or would like additional information about the Terms of Use, please contact us at contact@joinblueberry.com