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We urge you to carefully read these Terms of Service (“Terms of Service”). These Terms of Service are between you and South Coast Surety Insurance Services, LLC ("South Coast") concerning your use of the website currently located at southcoastsurety.com and any other websites owned or operated by or on behalf of South Coast (including: allcommercialsurety.com, acsbonds.com, warnockagency.com, suretybonds.market, ezsuretybonds.com, suretyss.com, massbond.com and freestatebondsinc.com) (the "Websites"), and the software applications made available by or on behalf of South Coast for use on or through computers and mobile devices (the "Apps"). The Websites and Apps (and any materials and services made available by South Coast through them) are referred to collectively in these Terms of Service as the "Internet Services."
Your use of the Internet Services constitutes your consent and agreement to these Terms of Service. South Coast may change these Terms of Service at any time. Any changes will become effective when the revised Terms of Service are posted on the Internet Services or you are otherwise notified of such changes. Your use of the Internet Services following these changes means that you accept the revised Terms of Service.
IF YOU ARE USING THE INTERNET SERVICES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE.
BY USING THE SERVICES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT. THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION BELOW.
If you are an agent of South Coast, certain agent-specific terms and conditions may apply to you and may supersede these Terms of Service.
The Internet Services are controlled and operated from the United States, and are not intended to subject South Coast to the laws or jurisdiction of any state, country or territory other than that of the United States. The Internet Services and Products (as defined below) may not be appropriate or available for use in some non-U.S. jurisdictions. You must comply with all applicable laws, rules and regulations in using the Internet Services and Products.
You must not post, transmit or otherwise make available any materials through or in connection with the Internet Services that may be illegal or reasonably objectionable to South Coast; or use the Internet Services in any manner that may be illegal or reasonably objectionable to South Coast.
The Internet Services may make available listings, links, services, and descriptions and images of goods or services (collectively, "Products"). Such Products may be made available by third parties ("Third Party Products"). THE INTERNET SERVICES AND ANY PRODUCT AND THIRD PARTY PRODUCTS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. SOUTH COAST DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE INTERNET SERVICES AND ANY PRODUCTS AND THIRD PARTY PRODUCTS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION: THAT THE INTERNET SERVICES WILL BE UPDATED, COMPLETE, CORRECT, OR SECURE; AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE) ARE MADE ON BEHALF OF BOTH SOUTH COAST AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").
YOUR USE OF THIRD PARTY PRODUCTS IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY PRODUCTS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY PRODUCTS).
You may need to register to use all or part of the Internet Services. Unauthorized access or use of such portions of the Internet Services is prohibited. Your user name and password are for your personal use only and should be kept confidential and secure. We ask that you immediately notify South Coast of any confidentiality breach or unauthorized use of your user name or password, or your account.
You represent and warrant that any information you provide through or in connection with the Internet Services (each, a "Submission") is and will remain accurate and complete, and you will update such information as needed. For the avoidance of doubt, any personal data submitted through the Internet Services remains subject to the South Coast Online Privacy Statement, located at www.ezsuretybonds.com/privacy.
South Coast may monitor any use of the Internet Services and may capture and retain information and records reflecting your activity on any of the Internet Services for our business purposes. This may include records indicating clicks on pages or links, items that you view including videos, page views, time spent on pages, scrolling, and other actions taken while using the Internet Services. The cookies and similar tracking technologies South Coast uses on Internet Services (as described in our Online Privacy Statement) may also collect the foregoing information reflecting your use of and activity on South Coast, or may enable our third-party partners to collect such information. South Coast may disclose any of the information we capture by monitoring activity on Internet Services to one or more third parties. When you access the Internet Services, you are agreeing to these Terms of Service, including consenting to the monitoring or capturing of your activity on the Internet Services and the disclosure of the information reflecting such activity to one or more third parties.
As part of our monitoring of Internet Services, if you engage with chat functionalities on any Internet Services, your conversations via our chat functionalities may be retained by us and our third-party partners for our business purposes. Also, if you type information into forms or other fields on the Internet Services, what you enter may be captured and retained by us and our third-party partners for our business purposes. This can include any interaction between you and our chat technologies, information you input into chats or into forms or fields, the conversations you have through our chat functionalities, and any information or communications you submit to us via the Internet Services.
If you do not consent to the monitoring described here, you should not use the Internet Services. You may opt out of some of the tracking technologies that are enabled on the Internet Services by accessing the Cookie Settings menu.
South Coast may make available the ability to make payments in connection with certain Products through the Internet Services (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to South Coast the right to provide such information to third parties for purposes of facilitating Transactions. You agree to pay all charges incurred by you or on your behalf through the Internet Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders and payments by email, the receipt of an email confirmation does not constitute our acceptance of an order or payment, or our confirmation of an offer to sell a Product.
The Internet Services are protected by proprietary rights and laws. You may refer to, copy and use material on the Internet Services for personal, non-commercial purposes only and provided that your copies retain all copyright, trademark and other proprietary notices that appear on the original screens. South Coast and the South Coast logo are registered trademarks of South Coast Surety Insurance Services, LLC in the U.S. Other trademarks, service marks, trade names, logos, URLs, domain names and icons appearing on the Internet Services, whether registered or not, are owned by South Coast or the Affiliated Entities. As between you and South Coast, all aspects of the Internet Services are proprietary to South Coast. Nothing contained on the Internet Services should be construed as granting any intellectual property rights to the Internet Services (or any portion thereof), including any right to use any of the trademarks appearing on the Internet Services, without the express prior written consent of the owner.
The App is licensed (not sold) to end users. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by South Coast to use the App, South Coast hereby permits you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUTH COAST, GENERAL INDEMNITY GROUP, LLC, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY SOUTH COAST, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SOUTH COAST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF SOUTH COAST, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO SOUTH COAST IN CONNECTION WITH THE APPLICABLE INSURANCE POLICY GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUTH COAST, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF SOUTH COAST. YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL SERVICES AVAILABLE THROUGH THE SERVICES.
Certain states or jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such law.
Applicable law may not allow for limitations on certain warranties, or exclusions or limitations of certain damages; to the extent such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless South Coast and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Internet Services (including all Submissions); and (b) your violation or alleged violation of these Terms of Service.
These Terms of Service are effective until terminated. South Coast may terminate these Terms of Service and/or suspend or terminate your access to or use of the Internet Services, in whole or in part, at any time and without prior notice, including if South Coast believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Upon any such termination or suspension, your right to use the Internet Services will immediately cease, and South Coast may, without liability to you or any third party, immediately and temporarily or permanently deactivate or delete your user name, password and/or account, and all associated materials, in each case without any obligation to provide any further access thereto. Sections 1–10 and 12–19 shall survive any expiration or termination of these Terms of Service.
The terms of these Terms of Service are governed by the laws of the State of Delaware, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN SMALL CLAIMS COURT, ALL DISPUTES ARISING EXCLUSIVELY OUT OF THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT SOUTH COAST AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, as amended by these Terms of Service. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by South Coast that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. The courts of the State of California will have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the arbitration. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against South Coast for you.
If you have a question, comment or complaint regarding the Internet Services, please send an email to legal@southcoastsurety.com OR by writing to South Coast, Attn: Legal Department, 781 Neeb Road, Cincinnati, OH 45233 or by calling South Coast at (800) 361-1720. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with South Coast. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Apps and related documentation are, respectively, "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined and used in 48 C.F.R. §2.101, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, licensed subject to the limitations of 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Notices to you (including notices of changes to these Terms of Service) may be made via posting to the Internet Services or by email (including in each case via links), by regular mail or by any other reasonable means. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and South Coast with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and South Coast with respect to the Services. South Coast’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by South Coast without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.
Each Affiliated Entity is a third-party beneficiary to these Terms of Service with the full right to enforce the terms hereof.
Last Updated: September 12, 2023
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