In consideration of Branch Financial, Inc., a Delaware corporation (“Branch,” “we,” “us” or “our”) providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access, such company and organization) access to our Internet website, https://www.ourbranch.com, (the “Site”) and the information, documents, reports, data, features, functionalities and software that may be offered to you through or in connection with your use of and/or access to the Site and the other materials on the Site (collectively, and as such may be revised from time to time by us, the “Content”), you hereby agree to the following terms and conditions (the “Terms of Use”).

If you do not agree to these Terms of Use, do not submit information to, or access information from the Site.

Branch reserves the right to modify or change these Terms of Use at any time upon written notice to you. The most current copy of these Terms of Use will be posted and available for review here. Your continued use of the Site means that you accept and agree to the revised Terms of Use. Your sole and exclusive remedy if you are dissatisfied with the Site is to discontinue your use of the Site.

Your Use of the Site

You agree to use the Site only for lawful purposes. Specifically, you agree not to engage in any of the following prohibited activities:

• Use, display, mirror or frame the Site, any individual element within the Site, the Branch name, trademark, logo or other proprietary information, or the layout and design of any page or feature, without our express written consent;
• Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan, or test the vulnerability of any Branch system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Branch or any of our providers or any other third party (including another user) to protect the Site;
• Attempt to scrape or download any content from the Site, or otherwise use, upload content to, or create new links, reposts, or referrals in the Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Branch or other generally available third party web browsers;
• Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
• Use the Site for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Branch or in any manner not permitted by the Terms of Use;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the activities prohibited by these Terms of Use

Copyright and Other Intellectual Property

The entire contents of the Site (including without limitation, the Content, all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Branch or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.

You are authorized only to use the content on the Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Branch. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Site without our prior written consent except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Site are transferred to you.

The term “BRANCH” is a registered trademark of Branch Financial, Inc.

Liability of Branch

THE SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BRANCH NOR ANY PERSON ASSOCIATED WITH BRANCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BRANCH NOR ANYONE ASSOCIATED WITH BRANCH WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT, OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER OR SERVICE THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIREUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXEPECTATIONS.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BRANCH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. ALL INFORMATION OR CONTENT ACCESSED THROUGH THE SITE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRANCH BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS REPUTATION, OR INTERRUPTION OR LOSS OF BUSINESS), (II) INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, (III) RELIANCE BY YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, OR (IV) ANY DAMAGES, COSTS OR LOSSES ARISING FROM YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE.

To the maximum extent permitted by law, Branch’s entire liability to you under these Terms and Conditions shall be to refund to you fees paid by you to Branch hereunder for the access to and use of the Site in the twelve (12) month period prior to the date of the claim, and in no event will Branch’s liability for any reason exceed such fees.

Branch (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from your use of the Site or the Content, and you shall defend, indemnify and hold harmless Branch (and Branch’s officers, directors, employees and agents) from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other you arising from your use of the Site or the Content. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Links to Other Sites

The Site may contain hyperlinks to other websites on the Internet that are not controlled by Branch. Branch shall not be responsible and does not endorse the services or products provided by any third-party website so linked or otherwise framed within the Site.

Personally Identifiable Information

Branch’s use of your personal information and our responsibilities in connection with such information are described in Branch’s Privacy Policy which is available here and incorporated by reference into these Terms of Use for all purposes.

Insurance Matters

Branch is a licensed insurance producer in the states where Branch offers its products and services, which have been approved for use by the applicable departments of insurance in such states. Branch makes no representation that the products or services available through the Site are appropriate or lawful outside of the states where Branch is licensed as an insurance producer. You agree that if you access the Site from a jurisdiction where Branch is not a licensed insurance producer, such access is for general informational purposes only.

The insurance quotes generated by the Site are based on information you provided to us through your use of the Site, as well as, in some cases, information we obtain from third parties. Such quotes do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage. The coverage descriptions provided on the Site are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. To obtain insurance coverage you must complete all of the steps in this Site through the final application through this Site. Applications are subject to underwriting review and approval.

Governing Law

These Terms of Use shall be governed in all respects by the laws of the State of Delaware, without giving effect to the choice of law provisions thereof. By using the Site, you agree that the courts located within the State of Delaware shall have exclusive jurisdiction over all claims or causes of action arising out of these Terms of Use, and hereby waive any jurisdictional objection thereto, including without limitation forum non conveniens.

DataOne Software

DataOne Software is an automotive data source providing data to solution and service providers in North America across many sectors including automotive marketing, transportation, and risk management.