Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Suretypedia website and any related services (the “Services”) as permitted by the features of the Services. Suretypedia may terminate this license at any time for any reason or no reason.
A Suretypedia account allows you access to the Services that Suretypedia maintains and may alter in its sole discretion. If you open a Suretypedia account on behalf of an entity, then you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms, and that you agree to the Terms on the entity’s behalf. For purposes of these Terms, the use of the defined term “you” shall include any such entity.
You are not permitted to use another User’s account without Suretypedia’s permission and are individually responsible for all activity that occurs using your account. As such, you are required to keep your account password secure and must notify Suretypedia immediately of any unauthorized use of your account. Suretypedia shall not be held liable for any losses caused by any unauthorized use of your account.
By providing Suretypedia your email address, you consent to our using the email address to send you notices, including any required by law, instead of receiving communications through the mail. If you do not want to receive notices by email, you may opt out by providing Surtypedia notice.
You may not engage in any of the following activities while using the Services:
(i) uploading invalid data, viruses, worms, or other software agents through the Services;
(ii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
(iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(iv) collecting or harvesting any personally identifiable information, including account names from the Services; (v) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud;
(vi) interfering with the proper working of the Services;
(vii) accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
or (viii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
User Content, License Grants and Proprietary Rights
Suretypedia allows Users to post and edit their content such as news articles and other information (“User Content”). User Content as defined herein shall not include surety bond forms and any edits made thereto or edits to articles written by Suretypedia or other Users. We claim no ownership rights over User Content created by you. However, by sharing User Content through the Services, you agree to allow others to view, edit and/or share your User Content in accordance with these Terms. Suretypedia has the right in its sole discretion, but is not obligated, to remove any User Content that is shared via the Services. Suretypedia takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the the Suretypedia website.
You agree not to share User Content via the Services that:
(i) contains any information or content that is illegal;
(ii) contains any information or content that Suretypedia deems harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
(iii) contains any information or content that you know is not correct and current; or
(iv) contains any information or content that you are not permitted to make available under any law or under contractual or fiduciary relationships.
You agree that any User Content that you post does not and will not violate third-party rights including but not limited to Intellectual Property Rights or rights of privacy. “Intellectual Property Rights” is defined for purposes of the Terms as all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
You affirm, represent, and warrant the following:
(i) Your User Content and Suretypedia’s use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights;
(ii) Suretypedia may exercise the rights to your User Content granted under these Terms without liability for payment of any fees, residuals, or royalties payable;
and (iii) To the best of your knowledge, all of your User Content and other information that you provide to us is truthful and accurate.
By posting any User Content on the Suretypedia website, you expressly grant, represent, and warrant that you have all rights necessary to grant to Suretypedia a royalty-free, sublicensable, assignable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Suretypedia’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Suretypedia website (and derivative works thereof) in any media formats and through any media channels. You will continue to own any User Content you post to the Services, and you are free to distribute it in any way you please, whether for commercial or non-commercial purposes.
We grant you a limited personal use license to access, display, download, format and print portions of this website content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the Suretypedia website or content therein on any other website.
Except for your User Content, or as expressly provided herein, the Suretypedia website and all materials therein or transferred thereby, including, without limitation, software, images, graphics, illustrations, text, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Suretypedia Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Suretypedia and its licensors (including other Users who post User Content to the Services). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Suretypedia Content. Use of the Suretypedia Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Suretypedia website, including without limitation about how to improve the website or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Suretypedia under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Suretypedia does not waive any rights to use similar or related ideas previously known to Suretypedia, or developed by its employees, or obtained from sources other than you.
The material and information contained on this website is for general information purposes only. You should not rely upon the material or information on the website as a basis for making any business, legal, tax, accounting or any other decisions and the website does not provide such services. Whilst we endeavour to keep the information up to date and correct, Suretypedia makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Suretypedia will not be liable for any false, inaccurate, inappropriate or incomplete information presented on the website. Any reliance you place on such material is therefore strictly at your own risk.
owned or controlled by Suretypedia. Suretypedia does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. You expressly relieve Suretypedia from any and all liability arising from your use of any third-party website, service, or content and agree that Surtypedia shall not be responsible for any loss or damage of any sort relating to your dealings with such third-parties.
You hereby agree to defend, indemnify, and hold harmless Suretypedia and its agents, licensors, managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your violation of any provision of these Terms;
(ii) your use of and access to the Suretypedia website and Services, including any data or content transmitted or received by you;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account;
or (vi) any other party’s access and use of the Services with your unique username and password.
NO WARRANTIES PROVIDED
THE SURETYPEDIA WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SURETYPEDIA WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SURETYPEDIA WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURETYPEDIA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SURETYPEDIA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SURETYPEDIA WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE SURETYPEDIA WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SURETYPEDIA WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SURETYPEDIA WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SURETYPEDIA WEBSITE.
SURETYPEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SURETYPEDIA WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SURETYPEDIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURETYPEDIA ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL SURETYPEDIA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURETYPEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE;
AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SURETYPEDIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SURETYPEDIA HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SURETYPEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Amendment of Terms and Changes to Services
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
These Terms constitute the entire agreement between you and Suretypedia governing your access to and use of the Services. The Terms shall be governed by the laws of the State of California without giving effect to any principles of conflicts of laws. You agree to submit to the personal jurisdiction of, and agree that venue is proper in the courts located in San Francisco County, California, in any legal action or proceeding relating to us or these Terms.
The failure by Suretypedia to exercise any right or to enforce any provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the Terms will remain in full force and effect.
Suretypedia may offer certain paid subscription services. If you enroll in any Suretypedia paid subscription service, your subscription will continue month-to-month until terminated. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, please email email@example.com or terminate your subscription through Suretypedia’s user interface. To use the Suretypedia subscription service you must have a business email address (i.e. no yahoo, google, etc. email addresses) internet access and provide us with one or more payment methods. Downloads of bond forms are capped per user per month pursuant to the terms of the individual subscription you select and are also capped at 110 unique bond forms per month per organization or domain regardless of the number of subscribed users at such organization or domain. Downloads exceeding such amount are expressly prohibited.
Billing: Unless you cancel your subscription(s) before your monthly billing date, you authorize us to charge your next month’s subscription fee to your payment method. You also authorize Suretypedia to charge you for any sales or similar taxes that may be imposed on your subscription payments. Such fees will be charged on the calendar day corresponding to the commencement of your subscription. In some cases your payment date may change, for example if your payment method has not successfully settled or if your paid subscription began on a day not contained in a given month. In order to see your next payment date, please contact us at firstname.lastname@example.org.
Payment Methods and Subscriptions: In order to enroll in an Suretypedia paid subscription service you must provide one or more payment methods. We may update your payment methods using information provided to us by our payment processors. Following an update, you authorize us to continue to charge the applicable payment method(s). You agree to promptly update all information to keep your payment methods current, complete, and accurate (such as change in billing address, card number, or expiration date), and you must promptly notify Suretypedia if your payment methods is canceled (or if you lose your credit card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or account password). Changes may be made by visiting your account profile at Suretypedia.com and submitting an updated payment method which will be received by our payment processor. You authorize us to charge any payment method associated with your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for all unpaid amounts. If any payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may terminate your access to the Services until we have successfully charged a valid payment method. If you initiate a chargeback or otherwise reverse a payment made with your payment method, Suretypedia may in its discretion terminate your account immediately and permanently. If Suretypedia successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
Refunds and Cancellations: You can cancel your subscription at any time, and you will continue to have access to the subscription service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. To cancel, please email email@example.com or terminate your subscription through Suretypedia’s user interfacer. If you cancel your subscription, your account will automatically close at the end of your current billing period. In the event you cancel your subscription, please note that we may still send you promotional communications about Suretypedia products and services, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Price and Subscription Plan Changes: We may change the subscription plans available and/or the price of our service from time-to-time, provided that any price changes will apply to you no earlier than 30 days following notice to you. We may offer several different subscription plans, including special promotional plans and some plans may have different terms and conditions, which will be provided to you at sign-up or through other communications to you.