This Agreement sets forth the conditions of the use of our online service for registered members of DepositIQ for the purpose of purchasing surety bonds and by non-registered users for the purpose of paying for a generated surety bond. By using our websites, you (the “Member”, “User” or “Client”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, immediately STOP using this website. We reserve the right, at any time, to change or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on this website. If you continue to use the Service after amendments are posted, your continued use is deemed acknowledgment and acceptance of the Agreement and its modifications.
In order to protect our users, as well as our information and service providers, you are required to comply with all of the rules set forth in this Agreement. By registering as a user or by using this website (the “Service”), you hereby agree to be bound by all of the following terms and conditions (“Terms of Service Agreement” or “TOS”).
Termination of service
You understand and agree that in DepositIQ’s sole discretion, and without prior notice, DepositIQ may terminate your access to this website and the service and it may also exercise any other available remedy. DepositIQ may also remove any unauthorized user content if DepositIQ believes that your use of the website, service and/or any user content you provided violates or conflicts with the Agreement, violates the rights of DepositIQ, or another user or the law.
Damages & relief against user
You agree that monetary damages may not provide an adequate remedy to DepositIQ for violations of these terms and conditions. You therefore consent to injunctive or other equitable relief for such violations. DepositIQ is not required to provide any refund to you if you are terminated as a user because you have violated this Agreement.
Security for member account & password
You will receive a password and Member account designation once you are registered. You are responsible for maintaining the confidentiality of the password and account. You are solely responsible for all activities that occur under your password or account. You agree to immediately notify DepositIQ of any unauthorized use of your password or account or any other breach of security. You agree to make sure that you exit from your account at the end of each session. DepositIQ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Proprietary materials – restrictions on use
All materials provided on this website, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services, and the onsite selection, arrangement and display thereof, are the copyrighted works of DepositIQ and/or its vendors or suppliers. All materials herein and all DepositIQ software are the property of DepositIQ. Said materials and software are protected by worldwide copyright and other intellectual property laws. Unless provided for in this Agreement, none of said materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means. This ban includes, but is not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of DepositIQ.
Copyright and trademark information
All content included or available on this site, including site design, text, graphics, and interfaces, is by DepositIQ, with all rights reserved, or is the property of DepositIQ and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DepositIQ is strictly prohibited. Members agree that they will not use any automatic device (such as a “spider” or “robot” and/or any other automatic device) or any manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DepositIQ. DepositIQ is a proprietary mark of DepositIQ. DepositIQ’s trademarks may not be used in connection with any product or service that is not provided by DepositIQ, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DepositIQ. All other trademarks displayed on DepositIQ’s website are the trademarks of their respective owners. Their display does not constitute an endorsement or a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with DepositIQ.
Ban on resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Although DepositIQ has attempted to provide accurate information on the website, DepositIQ assumes no responsibility for the accuracy of the information. You understand and agree that all information provided on this website is provided “as is,” with all faults, without warranty of any kind, either express or implied. DepositIQ hereby disclaims all warranties, express or implied, including, and without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, and usage or trade practice. This is inapplicable where such a disclaimer has been legally held to be invalid but only to the extent of the specific invalidity.
No unlawful or prohibited use
As a condition of your use of this website, you agree and represent to DepositIQ that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you agree and represent that you will not use this website in any way prohibited by these terms, conditions and notices.
Modification of the website
DepositIQ reserves the right, in its sole discretion, to improve, modify or remove any information or content appearing on the website. Without prior notice, and in its sole discretion, DepositIQ may discontinue or revise any or all aspects of the website.
Disclaimer regarding accuracy of vendor information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While DepositIQ makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Governing jurisdiction of the courts of Delaware
Our website is operated and provided in the State of Delaware. As such, we are subject to the laws of the state Delaware. Delaware law will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the state of Delaware.
Fair Housing Act
As a Member you agree not to post, email, or otherwise make available content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or that otherwise violates any state or local law prohibiting discrimination on the basis of these or other characteristics.)
Limitation of liability
DepositIQ shall not be liable for any damages whatsoever, and in particular DepositIQ shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or in any way related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if DepositIQ has been advised of the possibility of such damages.
Possible exceptions to limitation of liability
Because some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, some of the limitations set forth in the previous paragraph may be inapplicable.
You agree to indemnify and hold DepositIQ, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the Member’s use of the Service, any violation of this Agreement, or infringement by user, or other user of the Service using Member computer, of any intellectual property or any other right of any person or entity.
Binding on assigns, successors and divested businesses
Terms and agreements with DepositIQ will be binding upon and inure to the benefit of the parties and their assigns, successors and divested businesses. DepositIQ’s agreement with Client may not be transferred or assigned by Client without the prior written consent of DepositIQ. “Successor” means any entity connected to a merger with Client, sale of all or substantially all of the assets of Client or other form of Client’s corporate reorganization. “Divested business” means any business unit that Client sells, or of which it otherwise ceases to have an interest or render services. “Divested business” shall also include such business unit or the acquirer thereof, as applicable.
The information and material provided in the Site are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to the products and services offered by DepositIQ on this site. All coverages are subject to the terms and conditions of the insurance policies or surety bonds issued. Coverages and the terms and conditions of any insurance policy or surety bond may vary by state and your circumstances, and additional minimum coverage limits may be required in your state. The products and services offered in the Site are only available in the jurisdictions in which DepositIQ or its underwriter is properly licensed.