RIGHTS ARE NOT TRANSFERABLE. Your privilege to use our Applications, and any password or right given to you to obtain information or documents, is not transferable by you to any other third party or person.
MODIFICATIONS. We reserve the right in our sole discretion to add, remove, edit or re-post documents, information or other content featured on our Applications.
INTELLECTUAL PROPERTY. PROHIBITED USE. The featured materials and products or services in the Applications (“Applications materials”), as well as their arrangement and compilation, are subject to the protection of copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of such Applications materials may violate such laws and this Agreement. You agree not to download, transmit, modify, lease, rent, sell, assign, distribute, frame, copy, republish, license, reverse engineer, or create derivative works from Applications materials, nor use any robots, data mining, or similar data extraction or gathering methods in connection with our Applications.
TRADEMARKS. The trademarks, logos, and service marks (“Marks”) displayed throughout our Applications are the property of SuranceBay or other third parties and you may not use them without permission from SuranceBay or the third party. The trademarks include: SuranceBay™ SureApp™, SureNB™, SureAMS™, SureLC™, Easy.insure™, SureCRM™, and other marks SuranceBay may add from time to time.
PATENTS. For purposes of using our Applications, you should assume that the technologies and software comprising all or part of the Applications are protected by U.S. Patents and/or that a Patent may be pending and treat the materials accordingly. If you have a question about our Software or technology Patents, please inquire with our legal department.
INDEMNIFICATION. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, expense, claim or loss, including reasonable attorney’s fees and costs of suit, related to your violation of this Agreement or use of our Applications. You consent to the exclusive jurisdiction and to venue of the Courts of competent jurisdiction located in Palm Beach County, Florida over any dispute arising out of the violation of this Agreement.
LIMITATION AND DISCLAIMER OF LIABILITY. The information on our Applications is provided to you “AS-IS” and ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). NO INFORMATION OBTAINED BY YOU FROM US THROUGH OUR APPLICATIONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE THROUGH OUR APPLICATIONS. WE AND OUR AFFILIATED PARTIES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON TORT, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY OR OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ELIMINATION OF SUCH DAMAGES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.
You understand that the information contained in our Applications may contain inaccuracies, omissions, errors, inaccurate dates or other defects or deficiencies. WE WILL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND RESULTING FROM USE OF OR INABILITY TO USE OUR APPLICATIONS.
SERVICES BY THIRD PARTIES; OTHER LINKS. This Applications may grant you access, via links or otherwise, to the websites for third parties, including other service providers and merchants from whom you may obtain services or goods. You understand that we do not operate or control the products or services offered by third parties, and we are not a party to any agreements, dealings or transactions between you and third parties. We take no responsibility for any advertisements, claims or other information supplied by third parties. You use such third party services at your own risk and we do not guarantee or warranty any third party services or goods in any way. We are not responsible for the content of other websites linked via our Applications, and the presence of a link on our Applications does not indicate endorsement of the third party websites by SuranceBay. You agree that the LIMITATION AND DISCLAIMER OF LIABILITY recited in this Agreement fully extends to your use of any third party websites including your obtaining of services or goods from third party service providers or merchants.
ACCURACY OF INFORMATION & PASSWORD SECURITY. Our software requires you to open an account. You or your authorized representative must complete the registration process by providing us with current, complete and accurate information as prompted by the software. In some instances, you also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SuranceBay immediately of any unauthorized use of your account or any other breach of security. SuranceBay will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SuranceBay or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You may not use your account to engage in any prohibited, fraudulent, unlawful or deceitful conduct, including any conduct that may constitute insurance fraud, misrepresentation, malicious deceit or other conduct prohibited by law.
GENERAL PROVISIONS. The laws of the state of Florida shall govern this Agreement, and any language in this Agreement shall be interpreted as to its fair meaning to carry out the intent of SuranceBay. You expressly submit to the exclusive jurisdiction and Venue of the courts of the state of Florida, Palm Beach county, and consents to service of process. Should any part of this Agreement be held unenforceable, the remaining portions shall remain in full force and effect. We may modify this Agreement from time to time, without notice to you. It is your responsibility to review this Agreement, as modified, each time you visit our Applications, and you agree to be bound by the terms of the most current Agreement published.
ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE AND CONSENT AGREEMENT
(“Electronic Communications Agreement”)
Requesting Paper Copies of Electronic Communications. If, after withdrawal of consent to Electronic Communications in writing, you seek to receive paper copies of any Electronic Communication previously generated or sent electronically, you must contact us in writing, within one hundred eighty (180) days of withdrawal of consent. You must provide a specific list of desired items, your complete mailing address, and pay a flat administrative fee of $35 to cover our staff’s research & retrieval time. In addition, you must pay 10 cents cost per page copied or printed for you, starting from the 11th page. There is no cost for the first 10 pages except for the flat administrative fee which includes the cost of U.S. Mail postage or, if voluminous, parcel post, to send the paper records to you.
Your Email Address. You are responsible for keeping your primary email address on file with us so that we can communicate with you electronically. Your primary e-mail address is your SureApp™ login ID. You can update your email address by going to My Preferences and clicking on the “Change User ID” button. You understand and agree that if your primary email address on file is incorrect, out of date, blocked by your Internet service provider, or you are otherwise unable to receive Electronic Communications, SuranceBay will be deemed to have provided the Communication to you. If you use a spam filter or other technology that blocks or re-routes emails from senders not listed in your address book, please add SuranceBay to the permitted sender list(s) or address book(s) as needed. If your email address becomes invalid such that Electronic Communications sent to you by SuranceBay are returned, we reserve the right to immediately suspend, disable, or permanently terminate your access to the SureApp™ Portal, and/or terminate your use of some or all of our Applications, and/or terminate all Services Agreements with you.
5907-C Hampton Oaks Pkwy
Tampa, FL 33610