Effective Date: May 18, 2017
1. Legally Binding Agreement
1.1. This Agreement has been prepared as a legally binding license agreement that conditions your use of this Site. This Agreement is for the purpose of protecting our rights in order to provide you with access to the free information provided on our Site (“Site Content” or “Content”) and other features available on our Site. If you do not want to be bound by all terms of this Agreement, you should immediately exit this Site and discontinue all use of our Site. If you remain on our Site or return at any point in the future, you agree to be bound by this Agreement.
1.2. Additional terms may be placed upon your purchase of the services and/or bonds contained on our Site and on your use of certain features on our Site. These additional terms will be specifically set forth in connection with such purchases and/or usage of features. By making such purchases and/or using such features, you agree to be bound by all additional terms connected to such purchases and/or features. If you do not want to be bound by such additional terms in connection with the purchase of services and/or bonds on our Site or in connection with your use of any features on our Site, you should not make such purchases or use such features.
2. Revisions to Agreement
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, Deposit Solution grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Deposit Solution), view information and use any and all services that we provide on this Site. Any use of this Site in excess of these rights is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site.
4. Site Access Privileges
4.1. Your access to our Site is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our Site without notice. We affirmatively disclaim any liability for any occasions on which our Site may be unavailable for your use.
4.2. Your access privileges are conditioned upon your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the Site.
5. Assignment and Delegation
You agree not to assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. Deposit Solution may assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation (replacement), effective upon notice to you, Deposit Solution for any third party that assumes our rights and obligations under this Agreement.
6. Surety Bond and Service Information on Our Site
6.1. We take reasonable efforts to provide up-to-date information on our Site about the surety bonds and services we offer. However, in order to ensure that you have the most accurate information concerning any bonds or services that you are contemplating purchasing, you should always confirm the current terms and conditions with Deposit Solution.
6.2. Site Content is not intended as professional advice on which reliance should be placed. A product or service shown on our Site may not necessarily be suitable for you—this is for you to decide (and, if in doubt, you should seek appropriate independent advice).
6.3. If you are eligible and decide to purchase a surety bond through our Site, by doing so you confirm that all answers given by you in your application are true and correct, that you have read and understood the relevant terms and conditions, and that you are satisfied the surety bond meets your needs.
6.4. Deposit Solution cannot, and does not, guarantee that you will be issued a surety bond if you apply for one.
6.5. The information and statements you give, together with the bond terms and conditions, will form the basis of your surety bond contract if, in fact, any such surety bond is issued. Failure to provide true and complete information could result in any surety bond that may be issued to you being rescinded or voided.
7. Intellectual Property Rights of Deposit Solution
7.1. All original Content created and posted by Deposit Solution on our Site (hereinafter referred to as the “Materials,” which include, but are not limited to, written Content prepared and posted by Deposit Solution, and the Site design, layout, look, appearance, and graphics), as well as the trademarks, service marks, and logos contained on our Site are owned by or licensed to Deposit Solution and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Deposit Solution reserves all rights not expressly granted in, and to, our Site and the Materials on our Site.
7.2. Your use of the trademarks, service marks, and/or logos displayed on our Site, or any other original Materials on our Site, except as specifically permitted within this Agreement, is prohibited without the prior written permission of Deposit Solution, which may be requested by contacting us via e-mail at email@example.com or by mail to Deposit Solution, Attention: Martha Barreras, 19800 MacArthur Blvd., Ste. 1250, Irvine, California 92612. Any unauthorized use of the Materials, trademarks, service marks, and/or logos on our Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
8. Permissible and Prohibited Uses of Site and Site Materials
8.1. You may download or print a copy of any of the Materials on our Site for your personal reference and non-commercial use. However, if you download or print a copy of any of the Materials for your own personal reference and non-commercial use, you agree to retain all copyright and other proprietary notices contained in and on the Materials.
8.2. Deposit Solution and/or its licensors (individuals or entities which have licensed Content to Deposit Solution) may, on occasion, provide individuals or entities with a written license permitting the use of certain Materials on our Site for commercial purposes. However, you agree that you will not use any part of the Materials for any commercial purposes without first obtaining a written license from Deposit Solution or its licensors specifically permitting the use of such Materials for commercial purposes.
8.3. You agree not to offer for sale or sell or distribute over any medium any part of our Site or Site Materials whatsoever. You further agree not to use any of our trademarks as metatags on other websites. You agree not to make any part of our Site available as part of another website, whether by hyperlink framing on the Internet or otherwise, without our prior written approval. To apply for such authorization, you must either contact us via e-mail at firstname.lastname@example.org or by mail to Deposit Solution, Attention: Martha Barreras, 19800 MacArthur Blvd., Ste. 1250, Irvine, California 92612, with the following details:
• Your name and the name of the technical contact responsible for the link(s);
• The name of your company;
• Your e-mail address and telephone number; and
• The purpose or use you would like to make of the Materials.
8.4. If you print off, copy, download, or otherwise use any part of our Site in breach of this Agreement, you agree that your right to use our Site will cease immediately and you further agree to return or destroy any copies of the Materials you have made if we so request.
8.5. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of our Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of our Site or the Materials on our Site. You specifically agree that you will not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You further agree not to attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site. You also agree not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. Unauthorized use and misuse of our Site is strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and/or criminal prosecution. If you commit any breach of this provision, you could be committing a civil and/or criminal offense, and we reserve the right to report any such breach of this provision to the relevant law enforcement authorities. In the event of such a breach, your right to use our Site will cease immediately.
10. User Account Requirements
10.1. You may need a password-protected account in order to use certain features of our Site. You are responsible for the activity that happens on or through this Account (hereinafter, “Your Account”). Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your Account, at our sole discretion, and we may refer you to appropriate law enforcement authorities.
10.2 As part of the registration or account creation process, you will create login credentials for Your Account by selecting a password and providing a user ID and/or e-mail address. All registration information that you provide must be accurate and updated.
10.3 By registering, you represent and promise that you are thirteen (13) years of age or older.
10.4 When registering Your Account, you may not:
• Select or use the login credentials of another person with the intent to impersonate that person;
• Select or use login credentials in which another person has rights without such person’s authorization; and/or
• Select or use login credentials that we, in our sole discretion, deem offensive.
Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate suspense or termination of Your Account.
10.5 If you open an Account on behalf of a company, organization, or other entity or person, then (i) the term “you” includes both you and the entity or person on whose behalf you are opening an Account, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
10.6 You agree not to use any Account of any other user or person than yourself without permission of the user or person holding the respective account.
10.7 You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Deposit Solution. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with Your Account. Deposit Solution will not be liable for any losses caused by any unauthorized use of Your Account. Keeping your password confidential will assist you in protecting your account.
10.8 Please notify email@example.com and/or Deposit Solution, Attention: Martha Barreras, 19800 MacArthur Blvd., Ste. 1250, Irvine, California 92612 of any known or suspected unauthorized use(s) of Your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
11. Updating Your Contact Information
If you choose to provide us with contact information, you agree to update your contact information if it changes so we can contact you if necessary. You acknowledge and agree that, if you fail to timely update your contact information, we shall have no liability associated with, or arising from, your failure to provide us with accurate contact or other information.
12. Disclaimer of Warranties
12.1. In order to provide you with access to and usage of the Content on our Site, we offer and make no warranties or representations about any benefits or opportunities that you can obtain at this Site.
12.2. Neither we nor any third parties provide any guarantees, representations, statements, or warranties of any kind, either expressed or implied, as to the accuracy, completeness, timeliness, correctness, and/or suitability of any information or materials displayed on our Site. You acknowledge that such information and materials may contain inaccuracies or errors.
12.3. We do not warrant that access to our Site will be uninterrupted, available at any particular time or location, that the Content is error-free, that errors and/or defects will be corrected, that your use of Content displayed on our site will not infringe rights of third parties, or that this Site or the server that makes it available are free of viruses or other harmful components.
12.4. We make no warranty or representation that the material on our Site is appropriate or available for use in any location or is compliant with all local laws. You acknowledge that access to our Site is at your own risk.
12.5. To the fullest extent permitted by applicable law, we hereby expressly disclaim all express and implied conditions, warranties, and other terms. This disclaimer includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our Site; or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it, and any materials posted on it, whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Further, this disclaimer applies to any damages or injury caused, or alleged to be caused, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
13. Limitation and Release of Liability
13.1. In order to provide you with access to, and usage of, the Content on our Site, to the fullest extent permitted by law, neither we, nor any other party involved in creating producing or delivering this Site will be liable for any direct, indirect, incidental, consequential, special or punitive damages, however caused, arising out of your access to, use of, or reliance on any information or materials provided on the Site, including, without limitation, for any errors, inaccuracies, omissions, or other defects in, or lack of timeliness or inauthenticity of, the information contained on the Site, or for any delay or interruption of access to the information contained on the Site or transmission of data with you or any user, or for any claims or losses arising therefrom or occasioned thereby, even if we have been advised of the possibility of such damages.
13.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. Further, we cannot, and do not, guarantee continuous, uninterrupted or secure access to the Site.
13.3. Release of Liability. You expressly agree that your access to, and use of, our Site, any Content thereon, and any product or service purchased or obtained through our Site are at your sole risk and are further subject to any additional terms and conditions provided with respect to any purchase you make and/or any service you utilize on our site. You agree to release, discharge, and hold harmless Deposit Solution, and all subsidiaries, affiliated, and related companies, and each of its and their respective officers, directors, employees, representatives, contractors, and agents (collectively, the “Released Parties”), from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, from your use of, accessing, or participation in any feature of the Site, including, without limitation, your breach of this Agreement or the use by us or our designees of any rights granted by you. You further release the Released Parties from, and specifically acknowledge that the Released Parties are not liable for, any defamatory, offensive, or illegal conduct of other Site users or any third party, and that the risk of injury from the foregoing rests entirely with you.
You agree, at your own expense, to indemnify, defend, and hold harmless the Released Parties (defined above) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Site; (b) your unauthorized use of any Content and/or Deposit Solution’s, products or services; (c) your breach or violation of this Agreement and any applicable laws; and/or (d) any allegation that any submissions or other materials you submit to us otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party. Deposit Solution reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate with Deposit Solution in the defense of any such claim.
15. Effect of User Violation of Agreement or Misuse of Site
15.1. Restriction, Suspension or Termination of Site Access. Deposit Solution may, in its sole discretion, restrict, suspend or terminate your right to access this Site if you violate this Agreement or otherwise misuse the Site or your Site privileges. Deposit Solution may block access to this Site, in whole or in part, from an IP address or range of IP addresses associated with any restricted, suspended or terminated User.
15.2. Survival. The terms of this Agreement shall expressly survive any such suspension or termination.
16. Choice of Law/Agreement to Arbitrate in State Of Delaware/Exception to Arbitration Agreement
16.1. Choice of Law. Except for any disputes relating to intellectual property rights, obligations or any infringement claims, which shall be governed by U.S. federal law, any disputes between you and Deposit Solution arising out of, or relating to, the Agreement (“Disputes”) shall be governed by Delaware law regardless of where you access DepositSolution.com, and notwithstanding any conflicts of law principles. All such disputes shall be construed in accordance with the laws of the United States and of the State of Delaware as applied to transactions entered into, and to be performed by, wholly within Delaware between Delaware residents.
16.2. Agreement to Arbitrate. All Disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of this Site shall be resolved by final and binding arbitration to be held in the English language in the Court of Chancery of the State of Delaware in and for New Castle County pursuant to the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country.
16.3. Exception to Arbitration Agreement. Either party to this Agreement may obtain preliminary injunctive relief in the Chancery Court of New Castle County located in the State of Delaware, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
17. Complete Agreement/No Additional Representations
This Agreement constitutes the entire agreement between you and Deposit Solution relating to your access to, and use of, this Site and supersedes any prior or contemporaneous representations or agreements. This Agreement may not be modified, either expressly or by implication, except as set forth herein in Section 2.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.