Terms of Use

Acceptance

These Terms of Use (the "Terms") govern your access to and use of the website at suretyminds.com and its subdomains other than the Surety Minds platform (the "Website"), operated by Surety Minds ("Surety Minds", "we", "us" or "our"). By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Website. If you use the Website on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that organization.

The Platform is governed separately

Access to and use of the Surety Minds platform (the "Platform") is governed exclusively by the written agreement between Surety Minds and the customer (the "Customer Agreement"). Nothing on the Website forms part of, amends or adds to a Customer Agreement, and no description, statement, example or feature shown on the Website is a commitment, representation or warranty unless it is expressly set out in a signed Customer Agreement.

Business use only

The Website is intended for professionals in the surety, insurance and construction industries acting in a business capacity, and is not directed at consumers. You must be at least 18 years old and able to enter into a binding contract to use it.

No professional advice

The content of the Website is provided for general information only. It does not constitute underwriting, insurance, surety, legal, accounting, financial, tax or other professional advice, and must not be relied on as such. Surety Minds is not an insurer, surety, broker, agent or underwriter. It does not underwrite, bind, issue or place bonds or insurance, and it does not recommend whether any bond, program or credit should be offered, accepted or declined. Every decision remains the sole responsibility of the professional making it.

Examples and demonstration data

Companies, names, figures, analyses, emails and other examples shown on the Website are fictitious and provided for illustration only. Any resemblance to an actual person or business is coincidental. Examples are not representative of the results the Platform will produce for any particular file, and results vary with the documents provided.

Permitted use

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to view the Website for your internal business purposes. You must not, and must not permit anyone to:

• copy, reproduce, modify, distribute, republish or create derivative works from any part of the Website, except as permitted by law;
• use robots, scrapers, crawlers or other automated means to access, collect or index content from the Website, other than generally available search engines;
• attempt to gain unauthorized access to the Website, the Platform, or any system or network connected to them, or probe, scan or test their vulnerability without our prior written consent;
• interfere with or disrupt the operation of the Website, including by introducing malicious code or by sending excessive or automated requests;
• submit false, misleading or unlawful information, or impersonate any person or organization;
• use the Website to develop, train or benchmark a competing product or service; or
• use the Website in breach of any applicable law.

We may suspend or block access to the Website, in whole or in part, at any time and without notice.

Intellectual property

The Website and all of its content, including text, graphics, designs, logos, interfaces, examples and software, are owned by Surety Minds or its licensors and are protected by copyright, trademark and other intellectual property laws. "Surety Minds" and its logo are trademarks of Surety Minds. Except for the limited licence in section 6, no right, title, interest or licence is granted to you, by implication or otherwise. All rights not expressly granted are reserved.

Information you submit

You represent that any information you submit through the Website is accurate and that you are entitled to submit it. If you send us comments, ideas, suggestions or other feedback about the Website or our services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose without obligation to you, and you waive any moral rights in it to the extent permitted by law. Do not submit confidential information or client documents through the Website's forms.

Disclaimer of warranties

To the maximum extent permitted by law, the Website and all content are provided "as is" and "as available", without any warranty, condition or representation of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness or timeliness. We do not warrant that the Website will be uninterrupted, secure or error-free, or that it is free of viruses or other harmful components. We may change, suspend or discontinue the Website or any content at any time without notice.

Limitation of liability

To the maximum extent permitted by law, Surety Minds and its directors, officers, employees, contractors, agents and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or opportunity, arising out of or relating to the Website or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to the Website or these Terms will not exceed one hundred U.S. dollars (US$100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence or wilful misconduct. Where a limitation is not permitted, our liability is limited to the fullest extent the law allows.

Indemnity

You agree to defend, indemnify and hold harmless Surety Minds and its directors, officers, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or relating to your use of the Website, your breach of these Terms, or your violation of any law or the rights of any third party.

Third-party links and services

The Website may contain links to websites or services operated by third parties. We do not control and are not responsible for them, and a link does not imply endorsement. Your use of any third-party website or service is at your own risk and subject to its terms.

Governing law and jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Subject to any mandatory provision of law, the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or relating to the Website or these Terms, and you irrevocably submit to that jurisdiction and venue. To the extent permitted by law, you waive any right to a trial by jury. To the extent permitted by law, any claim must be brought within one year after it arises, and any proceeding will be conducted on an individual basis and not as a class, collective or representative action.

Changes to these Terms

We may amend these Terms at any time by posting the amended version on this page. The amended Terms take effect when posted, as shown by the "Last updated" date. Your continued use of the Website after that date constitutes acceptance of the amended Terms.

General

These Terms, together with the Privacy Policy, are the entire agreement between you and Surety Minds regarding the Website, and supersede any prior understanding on that subject. If any provision is held invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them without restriction. We are not liable for any delay or failure caused by events beyond our reasonable control. Sections 4, 5 and 7 to 15 survive any termination of your access to the Website.

Contact

Questions about these Terms may be sent through our contact form.