These Terms of Use (the “Terms”) and our Privacy Policy (collectively, the “Agreement”) constitute the entire agreement between you and SuredBits Incorporated, a Delaware corporation (“SuredBits”; “us”), regarding your access to and use of the Service (as defined below) provided by SuredBits. This Agreement is effective as of the date you commence using the Service.

If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

Please read these Terms and the Privacy Policy carefully before you access the Service. They contain important information regarding your legal rights, including limitations on SuredBits’s and certain third parties’ liability, disclaimers of warranties, a submission to jurisdiction, and an agreement to resolve disputes by binding arbitration. By accessing or using the Service, you (1) acknowledge that you have read and understand these Terms and the Privacy Policy, in the versions posted on the Website at the time of such use or access, (2) irrevocably agree to be bound by them in their entirety and (3) are entering into a legally binding agreement with us.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND THE PRIVACY POLICY, DO NOT USE THE SERVICE. YOUR USE OF THE SERVICE REQUIRES YOUR ACCEPTANCE OF THESE TERMS AND THE PRIVACY POLICY, AS THEY MAY BE AMENDED FROM TIME TO TIME.

1) Definitions. All capitalized terms shall have the meanings set forth below:

  1. “Content” means data accessed, received or distributed through our Service.
  2. “Privacy Policy” means our privacy policy located at https://suredbits.com/privacy.
  3. “Service” means our Website, APIs, software and applications.
  4. “Website” means our website located at https://suredbits.com/

 

2) Eligibility. To access or use the Service, you must be at least 13 years old. You may not use the Service (1) if we have notified you that you are not eligible to access or use the Service and (2) to the extent that we have restricted your access or use. SureBits may deny or restrict your access to all or part of the Service without notice in its sole discretion if it deems that you have engaged in any conduct or activities that violate this Agreement.

3) License. You may only use the Service as expressly permitted by this Agreement. Provided that you are eligible to access and use the Service and subject to the conditions of this Agreement, SuredBits hereby grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content and the Service, in each case solely for your personal use. The Service is strictly for your personal, non-commercial use unless you enter into a separate, written agreement with us for your commercial use. Except for the foregoing license, you have no other rights to the Service or any Content. The above license will terminate automatically upon your breach of the Agreement.

4) Prohibited Activities. You agree that you will not:

  1. Copy, modify, edit, distribute, reproduce, publish, display, perform, reverse engineer, alter, enhance, create derivative works of, provide access to or in any way exploit the Service or any Content in any manner, without the prior written permission of SuredBits in each instance;
  2. Manipulate or aggregate any Content (including data) for the purpose of making it available to any third party;
  3. Trade, sell, rent, loan, lease or license any Content or access to the Service, whether commercially or free of charge;
  4. Use or introduce to the Service any data mining, crawling, “scraping”, robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any portion of the Service, or download or store Content (unless expressly authorized by SuredBits);
  5. Make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Service or any server or network connected to the Service or negatively affects the quality or availability of any Content, or speed or functionality of the Service;
  6. Introduce a virus, Trojan horse, worm, time bomb or other malware to the Service, or use any device, software or routine to bypass any software or hardware that prohibits volume requests for information;
  7. Violate, bypass or circumvent any security measure intended to limit or prevent access to the Website, Content or Service; or otherwise attempt to gain unauthorized access to the Service, any Content or to any computer systems or networks connected to the Service or any SuredBits server, whether through hacking, password mining, unauthorized use of another’s password/credentials or any other means;
  8. Restrict, inhibit or interfere with use of the Service by any other user (including by hacking or defacing the Website, Service or Content);
  9. Introduce or otherwise distribute any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;
  10. Make use of any of our trademarks, service marks, trade names or logos or those of any third party displayed on the Website or Service;
  11. Modify or remove any copyright or other proprietary notice in the Content; or
  12. Use the Website, Content or Service for or in connection with any activity that (i) violates any law, statute, ordinance or regulation, including without limitation, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), or (ii) involves proceeds of any unlawful or illegal activity.

5) Resources. You acknowledge and agree that you (and not SuredBits) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment, software and services needed for you to access and use the Service, and paying all charges related thereto.

6) Ownership and Intellectual Property

  1. To request permission to use any Content other than as expressly permitted in these Terms, please contact [email protected]
  2. As between SuredBits and you, all Content is owned or controlled by SuredBits. You acknowledge that SuredBits and/or its providers own the copyright in and to all Content under the laws of the United States and other countries, and have reserved all rights in and to such Content.
  3. “SuredBits” and all related logos, trademarks, service marks and trade names are solely the property of SuredBits and may not be copied, imitated or used, in whole or in part, without the prior written permission of SuredBits. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of SuredBits and may not be copied, imitated or used, in whole or in part, without the prior written permission of SuredBits. The absence of a name, logo or other mark herein does not constitute a waiver of any and all intellectual property rights that SuredBits has established.
  4. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SuredBits.
  5. Nothing contained in these Terms grants you any interest in any of SuredBits’s or any third party’s intellectual property.
  6. The use or misuse of SuredBits’s trademarks or other intellectual property, except as expressly permitted by these Terms, is prohibited. You shall promptly notify SuredBits at [email protected] if you know or suspect that any of SuredBits’s or its providers’ intellectual property rights has been violated or infringed.

7) Practices and Limits. You acknowledge that SuredBits may establish general practices and limits concerning use of the Service. We may refuse to process any data request, impose transaction limits or disable access to any Content at any time, without notice and for any reason, including if you have insufficient funds in the channel to support the transaction or if we perceive a risk of fraud, illegal activity, a breach of this Agreement or any other risk. SuredBits does not own or control the underlying protocols, networks or exchanges which support or execute your transactions. By using the Service, you acknowledge and agree that we are not responsible for the operation of such protocols, networks or exchanges and we make no guarantee of their functionality, security, operation or execution. You further acknowledge that SuredBits reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8) Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to remit payment via means specified by SuredBits, which may include, without limitation, payments via the Lightning Network using cryptocurrencies, virtual currencies, or tokens (“Digital Currencies”). The Digital Currencies that the Service accepts as payment may change from time to time and without notice. You represent and warrant to SuredBits that you are authorized to use the funds in the wallet that you connect to SuredBits’s Lightning Network node. You agree to pay SuredBits the amount that corresponds to the number of data requests and/or the data streaming time you use on the Service, as specified in the pricing schedule and in accordance with the terms of such pricing schedule and these Terms. You may terminate your use of the Service at any time, and any funds remitted to SuredBits that are not used as payment for use of the Service will automatically be returned to you in the same form of payment. No refunds will be provided for used data streaming time or completed data requests. If you dispute any payments, you must notify SuredBits within sixty (60) days after the date of the disputed transaction. We reserve the right to change SuredBits’s pricing schedule at any time. If SuredBits does change its pricing schedule, SuredBits will provide notice of the change on the Website or by email to you, at SuredBits’s option, at least 15 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on SuredBits’s net income.

9) Linking to the Service from Your Website. You may place one or more links to the Service (collectively, the “Link”) on your own website (“Your Site”), provided that:

  1. The Link shall display only the following text: “SuredBits” or “SuredBits.com” or “Link to SuredBits.com”;
  2. Your Site shall not contain any content that is unlawful, threatening, abusive, libelous, defamatory or otherwise inappropriate, as determined by us in our sole discretion;
  3. The look and feel of all content that accompanies the Link or is on the same page as the Link (for example, the entire article in which the Link appears, even if it is not all on the same page as the Link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with SuredBits’s name, reputation or any of its trademarks, trade names or service marks, as determined by SuredBits in its sole discretion; and
  4. No content on Your Site shall contain any information that, in our sole discretion, may create the false impression that you, Your Site or any other website, service, person or entity is associated with, sponsored by or otherwise endorsed by SuredBits, or that any activity engaged in by you or anyone else has been approved by SuredBits.
  5. We may revoke our consent to a Link at any time, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three (3) business days) remove all affected Links from Your Site.

10) Feedback. If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to SuredBits, whether by letter, email, telephone or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to SuredBits all right, title, and interest in, and SuredBits is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that SuredBits is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. SuredBits may use aggregated and statistical data derived from Website usage.

11) Disclaimers and Limitation of Liability.

  1. SUREDBITS IS NOT A REGISTERED INVESTMENT ADVISOR OR BROKER-DEALER. THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY SUREDBITS OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY SUREDBITS. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO CONTENT ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. SUREDBITS EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. SUREDBITS DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. CONTENT ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF SUREDBITS.
  2. THE CONTENT PROVIDED ON THE SERVICE IS SUBMITTED TO SUREDBITS BY UNRELATED THIRD-PARTY PROVIDERS. SUREDBITS DOES NOT REVIEW ANY CONTENT FOR ACCURACY, COMPLETENESS OR RELIABILITY. THE SERVICE AND THE CONTENT PUBLISHED WITHIN THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. SUREDBITS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE SERVICE OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE OR THE CONTENT. SUREDBITS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE OR ANY CONTENT, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SUREDBITS DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SERVICE, ITS SERVERS, OR ANY EMAIL SENT FROM SUREDBITS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUREDBITS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUREDBITS EXPRESSLY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
  4. IN NO EVENT SHALL SUREDBITS (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF SUREDBITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUREDBITS (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF $100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12) Indemnification. Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless SuredBits and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of, relating to or in connection with: (i) your use (or misuse) of and access to the Service or Content; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule or regulation in connection with the use of the Service or Content; and/or (iv) any dispute that you have with any third party relating to or in connection with the Service or Content. SuredBits reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SuredBits in asserting any available defenses and in the conduct of such defense.

13) Your Representations and Warranties. You represent and warrant to SuredBits as follows:

  1. Your acceptance of this Agreement will not violate (i) any provision of law, rule, or regulation to which you are subject; (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties; (iii) any provision of your governing documents, if any; or (iv) any agreement or other instrument applicable to you.
  2. You are not required to obtain the consent, approval or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement.
  3. There is no pending or threatened claim, action, or proceeding against you that may have a material adverse effect on your ability to comply with the terms of this Agreement.

14) Third-Party Websites.

  1. The Service or Website may contain links to third-party websites. Your use of all links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption, sponsorship of or affiliation with such third-party websites or that third party’s products or services.
  2. When you leave the Website, whether via a link contained on the Website or through the use of your web browser or other navigational tool, the information you view is not provided by us. Our terms and policies do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website.
  3. YOU AGREE THAT SUREDBITS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

15) Modification of the Website. At any time and in SuredBits’s sole discretion, SuredBits may (in whole or in part) modify, suspend or discontinue the Service and/or any Content without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.

16) Enforcement.

  1. The remedies available to SuredBits in these Terms are cumulative and in addition to any others available to SuredBits. SuredBits may seek all remedies available to it at law and in equity for any violation of these Terms. SuredBits may suspend, terminate or block your access to the Service (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract.
  2. We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Service or Content. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators, including the U.S. Securities and Exchange Commission (SEC); (iii) system administrators at Internet service providers, networks or computing facilities; and (iv) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Service, including without limitation your IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena or other legal process or governmental or regulatory request.

17) Governing Law, Submission to Jurisdiction and Dispute Resolution.

  1. This Agreement and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of this Agreement or your use of or access to the Service, shall be governed by and construed in accordance with U.S. federal law and the laws of Delaware, without regard to any principles of conflicts of law.
  2. Except as otherwise required by a non-waivable provision of applicable law, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, United States before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules if the amount in controversy is less than $250,000. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in San Francisco County, California, or if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits. In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
  3. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
  4. You acknowledge that any breach of either of the sections above titled “Prohibited Activities” or “Ownership and Intellectual Property” would cause immediate and irreparable harm to SuredBits, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to SuredBits at law or in equity, SuredBits shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.

18) General

  1. Entire Agreement. These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at https://suredbits.com/privacy), constitute the entire agreement between you and SuredBits relating to your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and SuredBits with respect to the Service. A printed version of these Terms, the Privacy Policy and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  2. Relationship of Parties. You and SuredBits are independent contractors, and you agree that no joint venture, agency, partnership, or employment relationship exists between you and SuredBits and/or its affiliates as a result of these Terms or use of the Service or Content.
  3. Force Majeure. In no event shall SuredBits be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
  4. Limitations on Claims. Our performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Service, the Content or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
  5. Assignment. This Agreement will be binding on and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SuredBits without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
  6. Severability. If any provision of this Agreement, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in this Agreement shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions.
  7. Legal Limitations. In addition to and without limiting the preceding paragraph, some U.S. states and foreign countries may provide rights in addition to those provided in the above “Disclaimers and Limitation of Liability” section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part or there may be state or country specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
  8. Headings. Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of this Agreement. The terms “include” and “including” are deemed to include the phrase “without limitation” immediately thereafter.
  9. Geographic Restrictions. You acknowledge that you may not be able to access the Service outside of the United States and that access thereto may not be legal by certain persons in certain countries. If you access the Service from outside the United States, you are responsible for compliance with local laws.
  10. No Third-Party Beneficiaries. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. No other person or entity will be a third-party beneficiary to this Agreement.
  11. Changes to these Terms. We may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Service. You should check these Terms often to make certain that you are aware of the most current Terms. These Terms were last updated on October 21, 2019. If we make any changes to these Terms, we will revise the date as set forth in this paragraph.