Effective Date: 6/16/2011
This document provides terms and conditions of use of Bisnett.com (the “Site”), and provides additional information about Bisnett Insurance Company, Berry Insurance Company, its affiliates and subsidiaries (together “Bisnett Insurance”). Please read these terms and conditions carefully before using the Site, as your use is expressly conditioned on your acceptance of the terms and conditions below, and any additional terms or conditions that may be within the Site itself (collectively “Terms and Conditions”). The Terms and Conditions are in addition to any other agreements between you and Bisnett Insurance. Changes to the Terms and Conditions take effect when posted to the Site. If you do not wish to be bound by the Terms and Conditions, please discontinue using and accessing the Site immediately.
Copyright / Trademark
Except where otherwise indicated, all materials contained in the Site, including but not limited to graphics, text, software, audio, video and files, are the copyrighted property of Bisnett Insurance or its affiliates and are protected by intellectual property laws. The Bisnett Insurance logo, all other Bisnett Insurance trademarks, and the names of various products and services described within are trademarks of Bisnett Insurance, Berry Insurance or its affiliates.
Permission is hereby granted to use, copy and distribute these materials as presented in the Site, without alteration, for non-commercial purposes only. All copyright and other proprietary notices must appear in all copies in the same manner as the original. All other uses are prohibited.
Except as expressly provided herein, you shall not use any portion of the Site, or any other intellectual property of Bisnett Insurance (including but not limited to the Bisnett Insurance trademarks), on any other website or application, in the source code of any other website or application, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of the Site’s content, or frame the Site within any other website without our prior written permission. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without prior written permission from Bisnett Insurance is prohibited.
Hyperlinks to Third Party Websites
Privacy and Security
Disclaimer of Warranties and Liability
Any information, services, materials, software, calculators or other items on the Site are provided “as is” and “as available” without any warranty of any kind, either expressed or implied, including and without limitation the implied warranties of merchantability and fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling components. Bisnett Insurance acknowledges that some states do not allow the disclaimer of implied warranties.
Other than as required by applicable consumer protection law or insurance law, if any, Bisnett Insurance shall not be liable for any errors or omissions in this information for any injury, losses, claim or damages, direct, indirect, incidental, special or consequential resulting from your use or misuse of, or reliance on, any such information.
Bisnett Insurance does not warrant the content, quality, condition, accuracy or completeness of this information. You assume all risks and liabilities arising out of use of the information, services, materials, software, or other items on the Site.
Jurisdiction and Enforceability
Bisnett Insurance does business in certain states in the United States of America. Our Headquarters are located in Lake Oswego, Oregon unless otherwise indicated.
Use of the Site shall be governed by and construed in accordance with the laws of the State of Oregon without effect to any principles of conflict of laws. Any dispute concerning the Site shall be subject to the exclusive venue of a court of competent jurisdiction in Multnomah County, Oregon.
Should any provisions of these Terms and Conditions be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provisions shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
Products and Services
None of the information contained in the Site should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products Bisnett Insurance generally offers. We may make improvements and/or changes in the products, services and/or programs described on the Site at any time without notice.
Insurance coverage statements on the Site are for general description purposes only. The site does not amend, modify or supplement any insurance policy. Consult the actual policy, your agent or contact us for the name of an agent who can supply you with details regarding terms, conditions, coverage, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services is subject to the final determination of underwriting qualifications and acceptance by the Bisnett Insurance underwriting company providing such products or services.
The site does not make any representations that coverage does or does not exist for any particular claim or loss, or type of claim or loss, under any policy. Whether coverage exists or does not exist for any particular claim or loss under any policy depends on the facts and circumstances involved in the claim or loss and all applicable policy wording.
Unless otherwise specified, products and services are available in the United States only. Information on the Site may include references to products or services not offered in your state or country or not available for purchase over the Internet in your state or country. Variations in state law regarding the interpretation of insurance policies may exist, and any statements of coverage scope or intent in this summary are general in nature and are subject to such variations. Availability of coverage referenced in this summary may be dependent upon state regulations.
You may formally apply for insurance on Bisnett.com electronically. By doing so, you are consenting to “electronically sign” your insurance application and state-mandated forms rather than signing paper copies in wet ink. You may withdraw your consent to conduct this insurance purchase electronically by terminating the session at any time before your transaction is completed.
The Site may contain an interactive insurance planning tool which provides suggestions about which insurance coverage, limits and deductions may be right for you. If so, review the questions and defaulted answers carefully before completing this transaction. When deciding which limits are appropriate for you, consider selecting the highest liability and deductible levels you can comfortably afford to ensure maximum protection and value for your insurance dollar. Suggested values should be considered minimum suggestions for your circumstances; higher amounts could be appropriate depending on your specific personal history, preferences, risk tolerance and other factors that are not accounted for in the planning tool.
Agents and Brokers
Although there are important legal distinctions between agents and brokers, for readability purposes, the Site may use “agent” to refer to both. While Bisnett Insurance relationships with brokers and agents differ, including the fact that brokers do not have binding authority, agents and brokers may be exposed to similar tools and resources.