Downloadable Media Terms of Use

TERMS OF USE

Acceptance of the Terms of Use

These Terms of Use are entered into by and between YOU and Brown & Brown, Inc., (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively these “Terms of Use”), governs YOUR access to and use of the Company’s proprietary service marks and logos (the “Licensed Marks”).

Please read the Terms of Use carefully before YOU start to use the Licensed Marks.  By clicking to accept or agree to the Terms of Use when this option is made available to YOU, YOU accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found https://www.bbinsurance.com/privacy-notice.  If YOU do not want to agree to these Terms of Use or the Privacy Policy, YOU must not have access to or use the Licensed Marks.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them on the Website; however, any changes to the Governing Law, Jurisdiction, Venue provision will not apply to any disputes for which the parties have actual notice on, or, before the date the change is posted on the Website.

YOUR continued use of the Licensed Marks following the posting of revised Terms of Use means that YOU accept and agree to the changes.  YOU are expected to check this page from time to time, each time YOU request additional uses of the Licensed Marks so YOU are aware of any changes, as they are binding on YOU.

Grant. Company does hereby grant to YOU, the right and license to use the Licensed Marks solely in connection with the intended Purpose as identified within the website logo request page, for a period of 1 year.

Ownership. YOU shall not challenge the validity of, or Company’s title to the Licensed Marks or any applications or registrations secured therefore.  All rights created by or arising from use of the Licensed Marks by YOU shall inure to the benefit of and be and remain the sole and exclusive property of the Company.

Confidentiality. “Confidential Information” means all information concerning the Company and its affiliates’, and their customers’, suppliers’ and other third parties’ past, present and future business affairs including, without limitation, finances, customer information, supplier information, products, services, organizational structure and internal practices, forecasts, sales and other financial results, records and budgets, and business, marketing, development, sales and other commercial strategies; the  unpatented inventions, ideas, methods and discoveries, trade secrets, know-how, unpublished patent applications and other confidential intellectual property; all designs, specifications, documentation, components, source code, object code, images, icons, audiovisual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, of any of the foregoing; any third-party confidential information included with, or incorporated in, any information provided by the Licensor to the Licensee or its Representatives; and

YOUR Obligations. YOU agree to not disclose or use such Confidential Information or permit it to be accessed or used, for any purpose other than for the intended Purpose identified in the Logo Request Page, or in any manner to the Company’s detriment, including without limitation, to reverse engineer, disassemble, decompile or design around the Company’s proprietary Licensed Marks, services, products and/or confidential intellectual property.

Termination. The rights and licenses granted herein shall terminate automatically and immediately at such time of the expiration of the intended Purpose; and/or Company shall have the right, with or without cause, to terminate the rights and licenses granted herein upon ten (10) days’ notice to YOU.

Return or Destruction of Confidential Information. At any time during or after the termination of the intended Purpose, YOU shall promptly return to the Company all copies, whether in written, electronic or other form or media, of the Company’s Licensed Marks, or destroy all such copies and confirm in writing to the Company that such has been destroyed.

No Transfer of Rights, Titles or Interests. The Company hereby retains its entire right, title and interest, including all intellectual property rights, in and to all of its Licensed Marks and Confidential Information.  Any disclosure of such Confidential Information hereunder shall not be construed as an assignment, option, license or other transfer of any such right, title or interest other than what is provided for herein, to YOU or to any of YOUR Representatives.

Remedies.  YOU acknowledge and agrees that money damages might not be sufficient remedy for any breach or threatened breach of these Terms of Use by YOU. Therefore, in addition to all other remedies available at law, the Company shall be entitled to seek specific performance and injunctive and other equitable relief as a remedy for any such breach or threatened breach.

Indemnification. YOU agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards losses, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to YOUR violation of these Terms of Use or YOUR use of the Licensed Marks.

Governing Law, Jurisdiction, Venue. All matters relating to the Licensed Marks and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule whether in the State of Florida or any other jurisdiction. Any legal suit, action, or proceeding arising out of, or related to these Terms of Use or the Licensed Marks shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the County of Volusia, although we retain the right to bring any suite, action or proceeding against YOU for breach of these Terms of Use in YOUR county of residence or any other relevant county.  YOU waive any and all objections to the exercise of jurisdiction over YOU by such courts and to venue in such courts.

Severability. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Assignment. YOU may not assign any of the rights or delegate any of YOUR obligations hereunder to any other Representative or third party.

Entire Agreement. These Terms of Use and our Privacy Policy and Legal Notice constitutes the sole and entire agreement between YOU and the Company regarding the Licensed Marks and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral regarding the Licensed Marks.

Comments and Concerns. YOUR comments and concerns can be submitted to the Logo Request Page.

Acknowledgment:

I have read, understand, and agree to comply with these Terms of Use and the Privacy Policy.