Price & Ramey Mobile App

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END USER LICENSE AGREEMENT AND TERMS OF USE

1. APPLICATION

In this Agreement “Application” refers to a computer software application developed by us, distributed by an independent insurance agency the “Agency”, and licensed to you per this End User License Agreement and Terms of Use (“Agreement”). Unless the context requires otherwise, a reference to the “Application” includes all modifications, enhancements or updates thereto, and includes all associated printed, online or electronic documentation and instructions relating to it.

2. PURPOSE OF THE APPLICATION

The Application has several purposes but its primary purpose is to facilitate convenient communication with the Agency and insurer potentially including, but not necessarily limited to, submitting claims, requesting policy changes, and requesting quotes.

3. ACCEPTANCE OF TERMS MANDATORY

3.1 Permission to use the Application is conditional upon the user (“you”) agreeing to the terms and conditions set out below. If you do not wish to accept these terms and conditions, you must not click and you must not use the Application. Notwithstanding the foregoing, any use by you will be considered to be in accordance with the terms and conditions of this Agreement.

3.2 By clicking on the “I Accept” button below, you confirm your agreement with Code & Color, LLC (“us” or “we”) and the Agency to the terms of this Agreement.

4. LICENSE

4.1 We grant to you, and you accept, a non-exclusive, non-transferable limited license to use the Application strictly in accordance with this Agreement on a device or devices as may approved by us under these terms and conditions or at our website at https://codecolor.com/. All other rights in respect to the Application are reserved to us. The term (“Term”) of the license shall be unlimited but subject to termination in accordance with the terms of this Agreement.

4.2 You agree that you may not use the Application in any way that is or for purposes that are prohibited under this Agreement or any law in force in your jurisdiction. You also agree not to engage in any activity that interferes with or disrupts the servers and networks relating to the Application. You must not work around any technical limitations in the Application or attempt to run the Application on an unsupported platform. You must not use the Application on commercial software hosting services.

4.3 The license provided under this Agreement is personal to you, and you must not re-sell, sub-license, rent, lease or otherwise distribute the Application.

4.4 The Application is currently made available to you free of charge. We reserve the right to amend or withdraw the Application, cease support or charge for the Application or service provided to you at any time and for any reason.

4.5 You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.

4.6 If you are not the bill payer for the mobile device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

5. USER SUPPLIED INFORMATION

5.1 Neither we nor the Agency have control over the information, data or image(s) provided by a user of the Application, including the address, message content and any image(s) provided or modified by you (“User Content”). To the extent permitted by law, we and the Agency accept no responsibility or risk for the content provided, printed, sent or received in relation to the Application. You, by accessing or using the Application accept all responsibility, risk, and liability for the content chosen, added, edited, provided, uploaded and modified.

5.2 We do not and we are under no obligation to monitor or review any ratings, comments, communications, forums, discussions, postings, transmissions and other messages communicated by users of the Application and neither we nor the Agency assume liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against us and the Agency for defamation, libel or whatsoever arising out of any such communication.

5.3 We may reject or remove any user’s material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request the user to make suitable amendments in order to comply with the terms herein, and we reserve all the right to claim damages and /or apply for other legal remedies in relation thereto.

6. REGISTRATION AND INSTALLATION

6.1 You must ensure that registration details are and remain during the term of this Agreement true and correct. Upon installation of the Application, you shall be responsible for ensuring that the Application is used in accordance with this Agreement and any instructions we provide in relation to the Application. We are not liable to install the Application or to provide any services or support in respect of the installation of the Application, except as expressly stated in this Agreement or as otherwise agreed between us in writing.

6.2 You shall be responsible for providing your own equipment necessary for using and accessing the Application.

7. PASSWORDS AND ACCOUNT SECURITY

7.1 You are responsible for maintaining the confidentiality of your password for all accounts used by you to access the Application. You acknowledge and agree that you are solely responsible for all activities that occur under all such accounts.

7.2 You must notify us immediately upon becoming aware of any unauthorized use of any of your passwords or accounts.

8. INTELLECTUAL PROPERTY

8.1 The Application is our intellectual property. All intellectual property rights (including but not limited to copyright, trademarks and rights in respect of patents and patentable inventions) in and to the Application (including but not limited to all software coding, graphic designs, characters, text, music, and other materials) are owned by us or our exclusive licensors. You may not use any of our trademarks without our prior written consent.

8.2 You must not during or at any time after the termination of this Agreement do or permit anyone else to do any act which infringes our intellectual property rights and must not copy, reproduce, translate, adapt, vary, modify, reverse engineer, decompile, disassemble or create derivative works of the Application or any of its components, without our express written consent.

8.3 You must supervise and control the use of the Application in accordance with the terms of this Agreement and must ensure that your employees, sub-contractors and other personnel who have access to the Application are made aware of the terms and conditions of this Agreement.

9. RESTRICTIONS ON USE

9.1 You agree to be fully responsible for your own conduct and content while using the Application, and for any consequences thereof. You agree to use the Application only for purposes that are legal, proper and in accordance with these terms and conditions and any applicable policies or guidelines.

9.2 In the event that you are located outside of the United States of America, you agree to comply with any laws, rules or regulations in your locale regarding conduct and acceptable content, including laws regulating the export of data to or from the United States of America or the country in which you are using the Application.

10. NO ENDORSEMENT

You agree that nothing in these terms and conditions shall be construed as an endorsement of you or your organization by us or the Agency, and you agree not to directly or indirectly infer in or from your work or use of the Application any such endorsement or support by us or the Agency.

11. PRIVACY

11.1 You agree that we and the Agency may collect and use personal information about you and information to assist us and the Agency to identify the device upon which you use the Application, (such as your device’s IP address, operating system and your email addresses) when you engage in transactions and interactions regarding the Application. The purpose of this collection is to enable us and the Agency to provide to you information regarding your license and updates to the Application. We and the Agency will not provide to any third party any personal information about you except as expressly or impliedly permitted under this Agreement or as otherwise permitted or required by law.

11.2 Where you are required to pay to purchase goods or services from us or the Agency, we or the Agency will also collect financial information such as credit card information which we may share with financial institutions in order to process your payment.

11.3 We or the Agency may make your details or information obtained from you or your device available to third parties for advertising purposes.

11.4 Where, through the use of the Website or Application, you identify that you are a customer of a particular insurance agency or insurer, information obtained from you or your device may be shared with those agencies or insurers.

11.5 The Application connects to our computer systems over the Internet, using internet protocols, which send to our internet-based computers various data that you agree we may use to identify you or your device running the Application, such as your internet protocol address, your operating system, the name and version of the software you are using, and details of the location of the device on which you have installed the Application. By using the Application, you consent to the transmission of computer information to our computer systems.

12. SUPPORT SERVICES

12.1 We may, though we are not obligated to, perform such services in the nature of support as we deem appropriate at our discretion.

12.2 We do not warrant to you that we will be capable of receiving, processing or otherwise acting upon a request for support services.

13. SYSTEM REQUIREMENTS

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications which may change from time to time as we update our software.

14. UPDATES AND NEW RELEASES

Unless we advise you otherwise, this Agreement shall cover any updates and new releases of the Application that may be created by us during the term of this Agreement. The version of the Application software may be upgraded from time to time to add support for new functions and services. The Application may automatically download and install updates from time to time. If you do not accept any update or new release of the Application, we may decline to continue to provide any support services to you, and we may terminate this Agreement. Where you accept an update or new release, this Agreement applies in all respects to that update or new release.

15. THIRD PARTY CONTENT

15.1 The Application may include links to other websites, content and resources. We or the Agency may have no control over such websites, content or resources which are provided by third parties (“Third Party Content”).

15.2 You acknowledge and agree that we and the Agency are not responsible for the availability of any Third Party Content, and do not endorse any advertising, products, services or other materials on or available via Third Party Content.

15.3 You acknowledge and agree that we and the Agency are not liable for any loss or damage that may be incurred by you as a result of the availability of any Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of Third Party Content, including any advertising, products or other materials on or available via Third Party Content.

15.4 As a result of, or through using the Application, you may from time to time use a service, purchase goods, or download a piece of software, which is provided by a third party. Your use of such other services, goods, or software may be subject to separate terms between you and the relevant third party. In such case, the Agreement does not affect your legal relationship with that third party.

15.5 We and the Agency are not responsible for examining or evaluating, and we and the Agency do not warrant the offerings of, any third parties or the content of their sites. We and the Agency do not assume any responsibility or liability for the actions, product, and content of third parties. You should carefully review their privacy statements and other conditions of use.

16. SALES BY THIRD PARTIES AND HYPERLINKS TO THIRD PARTY SITES

16.1 We are not directly involved in the completion of sales arranged with Third Party Sellers, and as such you will need to contact the Third Party Seller to check on your order, shipment status etc. as well as to request cancelation of an order or a refund. We are not obligated to become involved (whether at your or the Third Party Seller’s request) in any dispute that arises between you and a Third Party Seller.

16.2 To the extent permitted by law, we will not accept or assume any liability whatsoever in respect of any services or policies sold by Third Party Sellers or the Agency via the Application.

16.3 Any payment gateway or ancillary payment processing facilities are not provided by us and to the extent permitted by law, we give no warranty, expressed or implied, in connection with such facilities. We will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card accounts as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

16.4 In case of any dispute between you and a Third Party Seller, you shall release us and hold us harmless from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

16.5 If we or the Agency are required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by us or the Agency in connection with the provision of such service, including costs for taking legal or other professional advice or representation.

17. DISCLAIMER

We expressly exclude any warranty that the Application will be available at all times or that your use of the Application will be uninterrupted or error free. We reserve the right to suspend the operation of the Application, including if required or requested to do so by our hosting service provider. To the extent permitted by law, we shall not be liable in respect of any action or claim in relation to such unavailability or any claim for loss or damage arising therefrom.

18. WARRANTY

We warrant that, to our knowledge, the Application does not infringe the intellectual property rights or other rights of any third party. THE WARRANTY PROVIDED FOR HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APPLICATION IS PROVIDED ON AN “AS IS” “WHERE IS” BASIS WITHOUT WARRANTY, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIM, AND YOU RELEASE AND WAIVE, ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND PURPOSE, OR ANY WARRANTY ARISING UNDER STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE APPLICATION WILL OPERATE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, WE DO NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS OR INEFFICIENCIES WILL BE CORRECTED, NOR DO WE ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES RESULTING FROM OR RELATED TO THE USE OR PERFORMANCE OF THE APPLICATION.

19. LIMITATION OF LIABILITY AND INDEMNITY

19.1 You assume full responsibility and risk of loss resulting from your use of the Application and the doing of (or refraining from doing) anything suggested in the course of utilizing the Application. You expressly understand and agree that your use of the Application is at your sole risk and that the Application is provided “as is” and “as available”. We do not represent or warrant to you that your use of the Application will meet your requirements, that your use will be uninterrupted, timely, secure or free from error, that any information provided (whether by us or any third party) will be accurate or reliable or that defects in the operation of functionality of the Application will be corrected.

19.2 Except as expressly provided to the contrary in this Agreement to the maximum extent permitted by law, in no event whatsoever shall the we, the Agency, or our owners, directors, employees, agents or sub-contractors be liable for any direct, indirect, special, incidental or consequential damages whatsoever (including without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or the inability to use, the Application or the provision of or failure to provide any services in relation to the Application. We and the Agency shall not be liable for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance you may place on the completeness, accuracy or existence of any information provided by a third party, or as a result of any relationship between you and any third party. We and the Agency shall not be liable for the deletion of, corruption of, or failure to store any content or other data maintained or transmitted by or through your use of the Application. The limitations on our and the Agency’s liability referred to in this clause apply whether or not we or the Agency have been advised of or should have been aware of the possibility of any such losses or damage arising.

19.3 To the extent permitted by the applicable law, our and the Agency’s total liability to you in any event shall be limited to the amount actually paid by you for use of the Application (and if nothing has been paid, limited to 1 dollar) and you hereby release the Agency, us, our owners, officers, directors, employees and agents from any liability in excess of this limitation.

19.4 You agree that you have not relied on any representation made by us which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues, internet sites or publicity material produced by us.

19.5 You shall at all times indemnify and hold the Agency, us, and our owners, directors, officers, employees and agents (“those indemnified”) harmless from and against any loss (including reasonable legal fees and expenses) or liability incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by a breach by you of your obligations under this Agreement; or any willful, unlawful or negligent act or omission by you.

20. TERMINATION

20.1 This Agreement is effective until terminated in accordance with this clause. We and the Agency may terminate this Agreement immediately at any time and without liability to you.

20.2 Either party may terminate this Agreement immediately should the Application become the subject of a claim of infringement of any intellectual property right. Upon or at any time after termination for any reason, you must destroy all copies of the Application if required by us.

20.3 Those clauses of this Agreement that are capable of surviving termination shall do so, and termination pursuant to this clause will not affect any rights or remedies which we or the Agency may have otherwise under this Agreement or at law. If we or the Agency terminate this Agreement for breach we may retain any fees paid by you or a third party.

21. UPON TERMINATION

21.1 If terminated in accordance with section 21 in addition to the matters set out above, we may: repossess any copies of the Application or other materials provided to you; retain any moneys paid; charge a reasonable amount for any work performed in respect of which work no sum has been previously charged; be regarded as discharged from any further obligations under this Agreement; and

pursue any additional or alternative remedies provided by law.

21.2 Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Application.

22. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and us. The terms and conditions of this Agreement can only be varied by a document in writing supplied and signed by us and accepted by you.

23. WAIVER, VARIATION AND SEVERANCE

23.1 No right under this Agreement shall be deemed to be waived except by notice in writing signed by each party. A waiver by us pursuant to this clause will not prejudice our or the Agency’s rights in respect of any subsequent breach of these terms and conditions by you.

23.2 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed deleted.

24. CHANGES TO THE LICENSE TERMS

We reserve the right to make changes to these terms and conditions from time to time. When these changes are made, we will make the new terms available at our website. You understand and agree that if you continue to use the Application after the date on which the terms and conditions have changed, your use will constitute acceptance of the updated terms and conditions.

25. LANGUAGE

This Agreement was originally prepared in the English language. Although we may provide one or more translations in the future, the English language version will prevail in the case of any conflict or discrepancy.

26. ARBITRATION

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and the Agency and limits the manner in which you can seek relief from us and the Agency.

26.1 If a dispute of any kind arises with regarding the Application, you agree to resolve that dispute. For any dispute that you have with us or the Agency, we or the Agency will make every reasonable effort to resolve any disagreements that you have. If those efforts fail, by using the Application, you agree that ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US OR YOU AND THE AGENCY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO THE PREVIOUS SENTENCE WILL BE RESOLVED by binding arbitration, rather than in court, except that (i) you, we, or the Agency may assert claims in small claims court if the claims qualify; and (ii) we may seek relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior to this version of this Agreement.

26.2 The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by a licensed arbitrator affiliated with the American Arbitration Association (AAA). You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

Arbitration shall take place in Sullivan County, Tennessee. 

26.3 The arbitrator shall apply Tennessee law consistent with the Federal Arbitration Act and shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you, us, and the Agency. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding.

26.4 YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 27.1, above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

26.5 ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

26.6 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to us within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

26.7 This Arbitration Agreement will survive the termination of your relationship with us or the Agency.

27. APPLICABLE LAW AND VENUE

The provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee (excluding any conflict of law rule or principle that would refer to the laws of another jurisdiction).  Each party irrevocably submits to the jurisdiction of the Circuit or Chancery Court of the State of Tennessee – Sullivan County, in any non-arbitration action or proceeding arising out of or relating to this Agreement or the Application, and each party hereby irrevocably agrees that all claims in respect of any such action or proceeding must be brought in such court.

28. INTERPRETATION

In these terms and conditions, unless the contrary intention appears words in the singular number include the plural and vice versa; words importing a gender include any other gender; a reference to a person includes legal entities; and a reference to a clause is a reference to a clause or sub-clause of this Agreement.

29. LIMITATION ON TIME TO INITIATE A DISPUTE

Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

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Corporate Office
1524 Bridgewater Lane
Kingsport, TN 37660
Office Hours: M-F 8:30am-5pm
Toll Free: (877) 563-4386

Email: info@priceramey.com

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