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Quick Approval – Secure Online Application | Call instasurety Today: 1-800-951-BOND (2663)

Terms of Use

EFFECTIVE AS OF FEBRUARY 10, 2022

 

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user”or with “your”) AND THE HK Insurance Agency, Inc. d/b/a InstaSurety (referenced herein as “HK”) THAT APPLIES EACH TIME YOU USE OR ACCESS HK’s OR ONE OF ITS AFFILIATE’S INTERNET PROPERTIES INCLUDING, WITHOUT LIMITATION, HK’S PRIMARY WEBSITE AT www.instasurety.com AND HK’S AND ITS AFFILIATES’ MICROSITES, MOBILE WEBSITES, MOBILE APPLICATIONS, PAGES OR PROFILES ON SOCIAL MEDIA SITES, AND ANY OTHER ONLINE PROPERTIES CONTROLLED OR OPERATED BY HK FROM TIME TO TIME (referenced collectively herein as the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SITE.

  1. LICENSE GRANT. The Site is made available by HK, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license touse the Site conditioned on your continued compliance with this TOU. You may print and downloadmaterials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any unauthorized purposes.
  2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. HK transfers no ownership or intellectual property interest or title in and to the Site toyou or anyone else. Further, HK reserves all rights not expressly granted by this TOU.Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute,disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
  3. USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site, including, without limitation, when you provide information via a Site registration or submission form. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU and acknowledge that this TOU provides only a single license to use the Site to an individual person (and that additional individuals from the same entity will need to separately agree to this TOU). In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
  4. ACCOUNT. Registration for access to and use of member areas or tools of the Site may require access credentials, such as a username and password, or adherence to other particular access requirements as designated by HK in its sole discretion from time to time. You herebyagree to consider and maintain your access credentials as confidential information. You shallimmediately notify HK if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
  5. PROPRIETARY RIGHTS. The Site is owned by HK. Copyright 2022 © HK and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by HK and/or its licensors.
  6. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to survey participation, payment, SMS (short message service) communication, or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and these additional notices, terms, and conditions, HK shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to their respective subject matter.
  7. FEEDBACK. HK welcomes your feedback and suggestions about HK’s services, product offerings, or with respect to how to improve the Site. By transmitting anysuggestions, information, material, or other content (collectively, “Feedback”) to HK,you represent and warrant that you own all rights to such Feedback and the Feedback does not infringeor violate the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for HK to use such Feedback in any manner, for any purpose in furtherance of HK’s mission, and in any medium.
  8. PRIVACY POLICY. Please see HK’s Privacy Statement for a summary of HK’s personal information collection and use practices.
  9. LINKS TO OTHER SITES. HK may provide links, in its sole discretion, to other third-party websites or provide access to a third-party page(s) on a social media platform(s). Such other sites or pages, including social media platforms, are maintained by third parties over which HK exercises no control. These links do not imply an endorsement with respect to anythird party or the information, products, or services provided by any third party unless HK expressly states otherwise.
  10. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. HK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE HK AND ITS AFFILIATED ENTITIES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND HK’S CONTROL. MOREOVER, IN NO EVENT SHALL HK OR ITS AFFILIATED ENTITIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TOUSE THE SITE, EVEN IF HK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF HK OR ANY OF ITS AFFILIATES FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATEDTO YOUR USE OF THE SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  12. ENFORCING SECURITY. You may not use the Site or any of HK’s data, systems,network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior including, without limitation, accessing or using HK’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of HK’s system or network, circumventing any security or authentication measures, monitoring any data or traffic, interfering with any services, collecting or using from the Site email addresses or other identifiers, collecting or using from the Site information without the consent of HK (herein or otherwise), using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against HK or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. HK reserves the right to view, monitor, and/or record activity on the Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. HK will also comply with all court orders or subpoenas involving requests for information. HK reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
  13. INJUNCTIVE RELIEF. You agree that HK shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations underany provision of this TOU. Accordingly, you hereby waive any requirement that HKpost any bond or other security in the event any injunctive or equitable relief is sought by or awardedto HK to enforce any provision of this TOU.
  14. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you check the box certifying that you have read, understand, and agree to abide by the terms and conditions of the Site, otherwise register to use the Site, respond through the Site to a request for information,and/or begin downloading, accessing, or using the Site, whichever action or event is earliest.HK reserves the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to complywith its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identifiedbelow, and each reaccess or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning HK’s proprietary rights, Feedback, disclaimers (of warranty), limitations ofliability, waiver and severability, entire agreement, injunctive relief, and governing law will survivethe termination of this TOU for any reason.
  15. GOVERNING LAW. The Site is controlled and operated by HK from its offices within the United States. This TOU has beenmade in and will be construed and enforced in accordancewith the laws of the State of Maryland as applied to agreements entered into and completely performedin the State of Maryland. Any action to enforce this TOU will be brought in the courts presiding in the State of Maryland, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Accessto the Site may not be legal by certain persons or in certain countries. If you accessthe Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOU and of any related notice given in electronicform shall be admissible in judicial or administrative proceedings.
  16. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by HK of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any othertime. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable lawincluding, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forthabove, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceableprovision that most clearly matches the intent of the original provision and the remainder of this TOUshall continue in effect.
  17. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and HK as a result of this TOU or your utilization ofthe Site. This TOU representsthe entire agreement between you and HK with respectto use ofthe Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and HK with respect to the Site. You may not assign, delegate, or transfer any rights under this TOU without the prior written consent of HK. Please note that HK reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, HK may add, modify, or delete any aspect, program, or featureof the Site, but HK is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced changewill be conclusively deemed acceptance of any change to the terms and conditions of this TOU.Accordingly, please review this TOU on a periodic basis.
  18. CONTACT. If you have questions regarding the Site or if you are interested in obtaining more information concerning HK, please contact HK at info@instasurety.com.