Terms + Conditions

End User License Agreement and Terms of Use

User Acknowledgment Requirement: Users must affirmatively check the acknowledgment box and click "I Agree" prior to accessing or using any features of the Platform.

Preamble and Acceptance

PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA" OR "AGREEMENT") CAREFULLY BEFORE USING THE SURETY2000 PLATFORM. BY CHECKING THE BOX LABELED "I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT" AND CLICKING "I AGREE," YOU (THE "USER" OR "LICENSEE") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS, CONDITIONS, AND RESTRICTIONS CONTAINED IN THIS AGREEMENT.

If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Platform. Your continued use of the Platform constitutes ongoing acceptance of this Agreement, including any amendments or modifications posted by Surety2000.

Surety2000, Inc. ("Surety2000," "S2000," "we," "us," or "our") offers this website, platform, and all related information, software, products, services, data, content, and materials available from or through this website (collectively, the "Platform") to you, the User, conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated herein.

Definitions

As used in this Agreement, the following terms shall have the meanings set forth below:

“Surety Bond” or “Bond” means a written obligation, executed through the Platform, by which a surety company guarantees the performance of a contractual or legal obligation of a principal to an obligee.

“Obligee” means the party protected by or entitled to the benefit of a Surety Bond, typically the project owner, government entity, or other party requiring the Bond.

“Power of Attorney” means a written instrument, executed and managed through the Platform, by which a surety company authorizes a surety agent or broker to execute Surety Bonds on its behalf.

“Principal” means the party whose performance or obligation is guaranteed by a Surety Bond, typically a contractor or other obligated party.

“Surety” or “Surety Company” means a licensed insurance company that issues Surety Bonds through the Platform.

“Surety Agent” or “Broker” means a licensed insurance agent or broker authorized to act on behalf of a Surety Company in connection with Surety Bond transactions through the Platform.

Section 1: Grant of Limited License

1.1 License Grant. Subject to your compliance with all terms and conditions of this Agreement, Surety2000 hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes in connection with surety bond transactions. This license does not include any right to reproduce, distribute, publicly display, publicly perform, modify, create derivative works from, sell, lease, rent, or otherwise exploit the Platform or any of its contents.

1.2 License Restrictions. You expressly agree that you shall NOT:

(a) Copy, reproduce, duplicate, download, store, archive, capture (including by screenshot, screen recording, or similar means), or otherwise replicate any portion of the Platform, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software code, data, bond forms, templates, or any other content;

(b) Distribute, transmit, publish, broadcast, display, perform, license, sell, lease, rent, loan, assign, transfer, or otherwise make available to any third party any content or materials from the Platform;

(d) Reverse-engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, object code, underlying algorithms, data structures, or technical architecture of any portion of the Platform;

(e) Transcribe, extract, store in a retrieval system, database, or any other medium, translate into any language or computer language, or convert into any other format any content from the Platform;

(f) Retransmit in any form or by any means (electronic, mechanical, photo reproduction, recordation, artificial intelligence training, machine learning, or otherwise) any content from the Platform;

(g) Use automated scripts, bots, crawlers, scrapers, or similar technologies to access, copy, extract, index, or otherwise collect any content from the Platform;

(h) Remove, obscure, alter, or destroy any copyright notices, trademark notices, proprietary legends, or other intellectual property designations on the Platform;

(i) Use the Platform or any content therefrom in any manner that infringes, misappropriates, or violates Surety2000's intellectual property rights or the intellectual property rights of any third party;

(j) Sublicense, assign, or otherwise transfer any rights granted hereunder to any third party; or

(k) Use any content from the Platform for the development, training, improvement, or operation of any artificial intelligence system, machine learning model, neural network, or similar technology;

(l) Frame, mirror, or use meta tags or any other "hidden text" utilizing Surety2000's name, trademarks, or proprietary information without the express written consent of Surety2000;

(m) Circumvent, disable, or otherwise interfere with any security-related features of the Platform, including features that prevent or restrict copying of content or that enforce limitations on use;

(n) Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform; or

(o) Access or attempt to access any systems, data, or information not intentionally made available to you through the Platform.

1.3 Electronic Signatures. You acknowledge and agree that Surety Bonds, Powers of Attorney, and other instruments may be executed by electronic signature within the Platform. All electronic signatures executed through the Platform are intended to comply with the federal Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act (“UETA”) as adopted by the applicable state jurisdiction. By using the Platform to execute or transmit documents electronically, you consent to the use of electronic signatures and agree that such electronic signatures shall have the same legal effect, validity, and enforceability as manually executed signatures to the fullest extent permitted by applicable law.

1.4 Audit Rights. Surety2000 reserves the right to audit your use of the Platform to verify compliance with this Agreement. You agree to cooperate with any such audit and provide reasonable access to records, systems, and personnel as necessary to confirm compliance with the terms hereof.

1.5 Reservation of Rights. All rights not expressly granted to you in this Agreement are expressly reserved by Surety2000. This license does not grant you any ownership interest in the Platform or any of its content, nor does it grant any license by implication, estoppel, or otherwise to any intellectual property rights of Surety2000 or any third party.

1.6 Account Security. You are solely responsible for maintaining the confidentiality and security of your login credentials, including your username and password. You agree not to share your login credentials with any third party. You are responsible for all activities that occur under your account, whether or not authorized by you. You must immediately notify Surety2000 of any unauthorized use of your account or any other breach of security. Surety2000 shall not be liable for any loss or damage arising from your failure to safeguard your login credentials.

1.7 Licensing Compliance. If you are a Surety Agent, Broker, or other licensed insurance professional, you represent and warrant that you hold all licenses, permits, and authorizations required by applicable state insurance departments and regulatory authorities to conduct your business. You agree to maintain such licenses in good standing at all times during your use of the Platform. You shall promptly notify Surety2000 if any such license is suspended, revoked, or otherwise impaired. Surety2000 shall have no liability arising from your failure to obtain or maintain any required licenses.

Section 2: Intellectual Property Rights and Copyright

2.1 Ownership. The Platform, including all content, features, functionality, software, code (including but not limited to HTML code, Java applets, Active X controls, and all other code), data, text, displays, graphics, photographs, images, video, audio, design, layout, look, appearance, selection, coordination, and arrangement thereof, is the exclusive property of Surety2000 or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 Copyright Protection. Except for material in the public domain under United States copyright law, all material contained on the Platform is protected by United States and foreign copyright laws. All such material is copyrighted as a collective work under the United States copyright laws, and Surety2000 owns a copyright in the selection, coordination, arrangement, and enhancement of such content.

2.3 Prohibited Uses Under Copyright. You expressly acknowledge and agree that, except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Platform without the prior written consent of Surety2000.

2.4 Civil and Criminal Penalties. Violation of any provision of this Section 2 or Section 1 may result in severe civil and criminal penalties. Surety2000 reserves all rights to pursue any and all available legal remedies against any User who violates this Agreement, including but not limited to actual damages, statutory damages under 17 U.S.C. § 504, injunctive relief, and attorneys' fees and costs.

2.5 DMCA Compliance. Surety2000 respects the intellectual property rights of others and expects users of the Platform to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing; (d) your contact information; (e) a statement that you have a good faith belief that use of the material is not authorized; and (f) a statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner. Surety2000 may terminate user access for repeat infringers.

2.6 Trade Secrets. You acknowledge that the Platform and its underlying technology, architecture, algorithms, processes, and methodologies constitute valuable trade secrets of Surety2000. You agree to maintain the confidentiality of such trade secrets and not to disclose, publish, or otherwise disseminate any such information to any third party without Surety2000's prior written consent.

2.7 Trademarks. "Surety2000," "S2000," and all related logos, product and service names, designs, and slogans are trademarks of Surety2000. You may not use such marks without the prior written permission of Surety2000. All other product names, logos, and brands appearing on the Platform are property of their respective owners and are used for identification purposes only. Use of these names, logos, and brands does not imply endorsement by Surety2000 or by the respective trademark owners.

Section 3: Consent and Acknowledgment Requirements

3.1 Affirmative Consent Required. To access and use the Platform, you must affirmatively consent to this Agreement by checking the acknowledgment box provided and clicking the "I Agree" button. Your act of checking the box and clicking "I Agree" constitutes your electronic signature and creates a legally binding contract between you and Surety2000.

3.2 Document Review Acknowledgment. When reviewing, creating, or submitting bond documents, powers of attorney, or other materials through the Platform, you must check the acknowledgment box to confirm: "I acknowledge that I have thoroughly reviewed the entire document for accuracy and hereby consent to the Terms and Conditions and End User License Agreement." This acknowledgment must be completed before proceeding to the next step in any workflow.

3.3 Template Approval Acknowledgment. When approving any Power of Attorney template or similar document for use within the Platform, you must check the acknowledgment box to confirm: "I acknowledge that I have thoroughly reviewed the entire document for accuracy and hereby consent to the Terms and Conditions and End User License Agreement, including all intellectual property restrictions contained therein."

3.4 Binding Effect. You represent and warrant that you have the legal authority to enter into this Agreement. If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement, and the term "you" shall refer to both you individually and the organization you represent.

3.5 Record of Consent. Surety2000 shall maintain records of your electronic consent to this Agreement, including the date and time of acceptance, IP address, and user identification information. Such records shall be conclusive evidence of your acceptance of this Agreement in any legal proceeding.

3.6 Periodic Re-Acknowledgment. Surety2000 may require you to re-acknowledge and re-consent to this Agreement from time to time, including upon material updates to the Agreement or after periods of inactivity. Failure to provide such re-acknowledgment when requested may result in suspension or termination of your access to the Platform.

3.7 Authorized Representative for Powers of Attorney. If you are a user acting on behalf of a Surety Company and you are responsible for granting, suspending, or revoking Powers of Attorney through the Platform, you represent and warrant that you are the duly authorized representative of such Surety Company with full authority to take such actions. You acknowledge that you bear sole responsibility for ensuring that all Powers of Attorney granted, suspended, or revoked through the Platform are done so in accordance with your Surety Company’s internal policies and applicable law.

Section 4: Disclaimer of Warranties

4.1 "As Is" Provision. The Platform is provided to you "AS IS" and "AS AVAILABLE," without warranty of any kind, either express or implied.

4.2 Disclaimer. Neither Surety2000 nor its employees, agents, third-party information providers, merchants, licensors, or affiliates warrant that the Platform or its operation will be accurate, reliable, uninterrupted, or error-free. No agent or representative has the authority to create any warranty regarding the Platform on behalf of Surety2000.

4.3 No Guarantee. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4.4 Reservation of Rights. Surety2000 reserves the right to change or discontinue at any time any aspect or feature of the Platform without notice or liability.

4.5 Platform Role Disclaimer. You acknowledge and agree that Surety2000 is a software platform provider only. Surety2000 is not a party to any Surety Bond, Power of Attorney, or other instrument created, executed, or transmitted through the Platform. Surety2000 does not guarantee, warrant, or represent that any Power of Attorney or Bond executed or managed through the Platform is valid, enforceable, or legally sufficient. All responsibility for the accuracy, validity, and enforceability of such documents rests solely with the parties to those instruments.

Section 5: Limitation of Liability and Indemnification

5.1 Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall Surety2000, its officers, directors, employees, agents, licensors, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of or inability to use the Platform.

5.2 Indemnification. You agree to indemnify, defend, and hold harmless Surety2000 and its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of this Agreement; (c) your violation of any intellectual property or other rights of Surety2000 or any third party; (d) any content or data you submit, post, or transmit through the Platform; (e) any unauthorized reproduction, distribution, or use of Platform content; or (f) any claim that your actions caused damage to a third party. This indemnification obligation shall survive the termination of this Agreement.

5.3 Risk Assumption. Your use of any information or materials on the Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through the Platform meet your specific requirements.

Section 6: License Term, Termination, and Remedies

6.1 Term. This license is effective until terminated by either you or Surety2000.

6.2 Termination by User. You may terminate this Agreement at any time by discontinuing use of the Platform and destroying all copies of any materials obtained from the Platform.

6.3 Termination by Surety2000. Surety2000 may terminate this Agreement and your access to the Platform immediately, without notice, if you breach any term or condition of this Agreement.

6.4 Effect of Termination. Upon termination of this Agreement for any reason: (a) all licenses and rights granted to you under this Agreement shall immediately terminate; (b) you must immediately cease all use of the Platform; (c) you must immediately destroy all copies of any content or materials obtained from the Platform; and (d) all provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to Sections 1, 2, 4, 5, 6, and 7.

6.5 Remedies. You acknowledge and agree that any breach of the intellectual property provisions of this Agreement will cause irreparable harm to Surety2000 for which monetary damages would be inadequate. Accordingly, Surety2000 shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity, without the necessity of proving actual damages or posting any bond.

6.6 Liquidated Damages. In the event of unauthorized reproduction, distribution, or commercial exploitation of Platform content, you agree that Surety2000 shall be entitled, in its sole discretion, to recover either: (a) actual damages and any profits attributable to the infringement; or (b) statutory damages as provided under applicable law, including 17 U.S.C. § 504. You acknowledge that actual damages for intellectual property infringement may be difficult to calculate and that statutory damages represent a reasonable estimate of the harm caused by such infringement.

6.7 Suspension of Access. Surety2000 may, in its sole discretion, immediately suspend your access to the Platform pending investigation of any suspected violation of this Agreement. Such suspension shall not limit any other remedies available to Surety2000.

Section 7: General Provisions

7.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

7.2 Dispute Resolution. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

7.3 Entire Agreement. This Agreement constitutes the entire agreement between you and Surety2000 with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

7.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

7.5 Waiver. The failure of Surety2000 to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

7.6 Amendment. Surety2000 reserves the right to make changes to this Agreement immediately by posting the changed terms in this location. Your continued use of the Platform after such changes constitutes your acceptance of the new terms.

7.7 Assignment. You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without the prior written consent of Surety2000. Surety2000 may freely assign, transfer, or delegate any of its rights or obligations under this Agreement. Any attempted assignment in violation of this provision shall be null and void.

7.8 Force Majeure. Surety2000 shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials,

cyberattacks, ransomware, denial-of-service attacks, data breaches, system outages, internet service disruptions, third-party hosting or cloud service failures, pandemics, epidemics, quarantines, or other public health emergencies.

7.9 Third-Party Beneficiaries. Except as expressly provided herein, this Agreement is for the sole benefit of the parties and their permitted successors and assigns and does not create any third-party beneficiary rights.

7.10 Export Compliance. You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations, in your use of the Platform. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo.

7.11 U.S. Government Rights. If you are a U.S. Government end user, the Platform is a "commercial item" as defined in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. § 12.212. Government use, duplication, or disclosure is subject to the restrictions set forth in this Agreement.