These Terms of Service ("Terms") govern your access to and use of the application, website, products, and services ("Services") provided by Pearland Brokerage, Inc. (“Pearland,” “we”, “us,” or “our”), so please read these Terms carefully, before using our Services.
References to “you” in these Terms of Service means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. Any reference made in these Terms of Service to “Pearland” shall be deemed to have been made to Pearland Brokerage, Inc., its subsidiaries, successors, assignees, and affiliates, as well as any company that controls Pearland, directly or indirectly, and any other subsidiary of that controlling company.
Not all of the products or services described on this website are available to you. We reserve the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or otherwise use our Services or any information contained herein.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective immediately. Any modification will be reflected on our website and/or application (aka “App”) (collectively, "the Website"), and will apply to causes of action arising after the effective date of the change. You should continue to check the Website for changes. Your continued use of our Website or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are over the age of 18, as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
The information provided by Pearland's Website is not and should not be construed as insurance advice. Pearland is not liable for any inaccurate, missing or misconstrued information and makes no guarantee as to the quality and precision of the content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely the responsibility of the insured. Pearland may at its sole discretion change the Website’s content and information from time to time. At the time of a claim, coverage will be determined in accordance with the terms and conditions of the insurance policy and not the Website. Accordingly, you are encouraged to view/download a specimen of your actual policy documentation prior to making any purchase decision.
Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access, which shall remain with us and our respective licensors.
OPEN SOURCE SOFTWARE
Certain software code incorporated into or distributed with the Website or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Pearland and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
In order to access the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Pearland upon registration (including information provided through any third party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. Your “Account Information” also includes any information you provide to us during the insurance application or claims process. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Some portions of the Site and Products are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify Pearland immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred by contacting our Support team. For your protection, if Pearland believes that any unauthorized access may occur or has occurred, Pearland may terminate such access without prior notice to you. You also agree that Pearland is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
MVR, CREDIT AND CREDIT BASED INFORMATION
If you are a first time user please read the following disclosure:
In connection with procuring your insurance policy, we may review or obtain your (and any listed additional drivers’), Motor Vehicle Report (MVR), credit report or obtain or use a credit-based insurance score, based on information contained in that report. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a (i) credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures (ii) MVR that could affect a score include, but are not limited to, the following: points received for violations; experience; accidents, defensive driving credit. You agree and acknowledge that the MVR may also be reviewed by insurance carriers in the process of obtaining quotes and processing applications and renewals.
If you used our services before and you wish to renew your policy please read the following:
In connection with procuring your insurance policy, we may have previously used a MVR, credit report or obtained or used a credit-based insurance score based on information contained in that report. We may obtain or use credit information provided again, upon renewal of policy. An insurance score uses information from your credit report to help predict how often you are likely to file claims and how expensive those claims will be. Typical items from a (i) credit report that could affect a score include, but are not limited to, the following: payment history, number of revolving accounts, number of new accounts, the presence of collection accounts, bankruptcies and foreclosures (ii) MVR that could affect a score include, but are not limited to, the following: points received for violations, experience, accidents, or defensive driving credit.
Recurring Credit/Debit Card Payments
You understand and agree that we will charge the ACH, credit card or debit card you use to purchase an insurance policy from us. Thereafter, we may automatically charge the account or card monthly for the monthly premium, the amount of which may change depending on policy changes you initiate and other factors approved by insurance regulatory authorities. Should your insurance carrier choose to insure you for another year, we may automatically charge the card for the new monthly premium. We may do the same for any subsequent renewals. You may cancel these recurring payments only by cancelling your policy with our customer experience team at 718-361-0033 Monday through Friday between 9:00 a.m. and 5:00 p.m. Eastern time, and you must speak to a Pearland representative to process your cancellation request. Any payment made toward a new policy or renewal of insurance does not guarantee the issuance of a policy. All new applications for new insurance are subject to insurance company review and acceptance of your application. Any payment made towards a renewal policy will be applied first to any outstanding balances on any existing or cancelled policies, if any, and then to the renewal policy. Payment on a cancelled policy may not result in the reinstatement of the policy. Payment received toward policies pending cancellation must be received prior to the cancellation date and must be for the full amount due in order to receive any consideration for reinstatement. Payment not received by the due date will be considered late and subject to the terms on any notices sent, which may include cancellation of the policy. Payment dishonored by your financial institution for any reason will be deemed not to have been received by Pearland Brokerage Inc. and will result in an additional $25 returned payment fee. A processing fee may be charged for payment requests. The specific amount of such processing fee will be displayed on the screen at the time of payment. Some portion thereof may be paid to other parties to offset their operating costs. You may cancel the online payment transaction if you do not wish to pay the processing fee. The processing fee may change at any time.
LINKED ACCOUNTS AND SOCIAL NETWORKING SITES
You agree that when Pearland retrieves your account information, Pearland is acting as your agent, and not as the agent of or on behalf of any third party. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. For purposes of this Agreement and solely to obtain and provide your account information to you as part of the Service, you grant Pearland a limited power of attorney, and appoint Pearland as your attorney-in-fact and agent, to access third-party sites, servers, or documents, retrieve your account information, and use your account information. You represent and warrant that you are a legal owner of, and that you are authorized to provide us and our third-party service providers with, all account information and login credentials necessary to facilitate our retrieval of Your Account Information and your use of the Service.
You expressly consent, authorize and direct Pearland to share and disclose your account information as permitted under this Agreement or required by law. Your Account Information may be used to process and service your policy, to settle claims, with your consent, or as directed by you. Pearland may also disclose your account information to persons or organizations to perform transactions you request or authorize, including with underwriters, appraisers, attorney’s and other persons who are or will become involved in the processing of your application and servicing your policy. Pearland may share your account information with persons or organizations that we have determined need your account information to perform a business, professional, or insurance function for Pearland or you. These include businesses that help us with administrative functions. All of these entities are obligated to keep the Information that we provide to them confidential and to use the Information only for the purpose for which your account information was provided. your account information may be provided to organizations conducting actuarial research or audits, including your insurance carrier. In this case, you may be individually identified, but such organization must agree not to redisclose the Information and the Information will be returned to us or destroyed when it is no longer needed.
INSURANCE QUOTES AND COVERAGES
All quotes generated by Pearland are based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our website are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Pearland whether on Pearland’s Website, mobile app, e-mail, in person or otherwise. All applications are subject to underwriting approval and insurance company review and acceptance of your application. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state.
If you elect to report an insurance claim, the information you submit regarding your insurance policy and the loss is subject to review and verification. Pearland reserves the right to request additional information on the claim. A claim representative of Pearland or the insurance company may be communicating with you regarding your claim. All policy provisions contained in your policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please contact Pearland at the number provided above or email@example.com.
The Service may request that you submit content such as text, photos, audiovisual content, and other media content (“User Content”). By providing User Content to Pearland, you are granting Pearland a license to use the User Content in order to make it available through the Service.
LICENSE GRANT BY YOU TO PEARLAND
By uploading Content, you are granting Pearland a license to display, perform and distribute your Content and to modify (for technical purposes), and reproduce such Content to enable Pearland to operate the Service, including but not limited to, the express permission to provide such information to insurance carriers for quotes and processing of insurance applications. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Pearland to make such Content available to, and pass these rights along to, others.
SUBMITTED IDEAS POLICY
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Pearland through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Pearland is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Pearland shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Pearland may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Pearland without any obligation of Pearland to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Pearland under any circumstances.
Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will: (i) review and comply with these Terms; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith.
By using the Services you agree NOT to: (i) Create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand with the authority to use the Services); (ii) Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts; (iii) use or attempt to use another's account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/re-sell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users' or third party's information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, "cache", or “spider” any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the website; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxii) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxiii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some, or all, of those communications, and in the even you opt out of some, or all, of those communications, you hereby waive any notice said communication.
THIRD PARTIES' LINKS, WEBSITES, AND SERVICES
The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; (vi) protect our, our users' or the public's rights, property or safety; or (vii) defend Pearland in any civil or criminal action against Pearland.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEARLAND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) PEARLAND DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEARLAND OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEARLAND, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF PEARLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (iv) PEARLAND’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) $100, OR (B) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES. NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; including all actions taken under your account. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
GOVERNING LAW AND JURISDICTION
By using the Website, you agree to have all records, including the insurance policy, provided to you in electronic form. This consent, unless withdrawn, applies to all transactions between you and Pearland. However, you have the right to receive communications from us, including the insurance policy, in paper form if you wish by withdrawing this consent. If you withdraw the consent to provide you with records in electronic form, you will then be provided with records in paper form. To withdraw your consent, you must contact a Pearland representative at 718-361-0033, or email firstname.lastname@example.org, or send mail to Pearland Brokerage, c/o Legal Department, 36-01 43rd Avenue, Long Island City, NY 11101 who will assist you.
Updated February 14, 2020