Assured Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Use. ACCESS TO THIS WEBSITE AND USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE are NOT INTENDED, AND ARE PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
SCOPE OF TERMS OF USE

These Terms of Use govern Your use of the Website and all information, materials, products or services available through this Website (the “Content”), except to the extent such Content is the subject of a separate license, service or other agreement (“Content Agreement”) that contains terms or agreements that apply to the use of Content provided to You on the Website. Any such Content Agreements accompany the applicable Content or are listed in association with or through a hyperlink associated with the applicable Content.

MODIFICATIONS TO THESE TERMS OF USE
These Terms of Use may be changed by Assured Enterprises (“Assured,” “We,” “Us” or “Our”) from time to time without notice to You. The latest Terms of Use will be posted on the Website, and You should review these Terms of Use prior to using the Website to ensure that You have a current understanding of the Terms of Use under which You are permitted to access this Website. If You cannot access the Terms of Use via the Internet, We can provide a copy by e-mail upon request. Your continued use of the Website after changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at Our sole discretion. We may also change or impose additional fees for products and services provided through the Website at any time in our sole discretion.

USER ELIGIBILITY
This Website is a business and commercial site. As such, it is not intended for children or minors.

OWNERSHIP AND LICENSE
Any and all intellectual property rights (“Intellectual Property”) associated with this Website and with any Content, are the sole property of Assured, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Content, including the Website, are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website or otherwise as part of the Content are trademarks, service marks or trade dress (“Marks”) of Assured, its affiliates or other entities that have granted Assured the right and license to use such Marks and may not be used or interfered with in any manner without Our express written consent.

Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property or the Website in any way without Our or the appropriate third party’s prior written permission. Except as expressly provided herein, We do not grant to You any express or implied rights to Our or any third party’s Intellectual Property.

Assured grants You a limited, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website and Content and only in the manner presented by Us, and (b) access and use any Assured services offered within the Website (the “Assured Systems”) only in the manner expressly permitted by Us. Except for this limited license, We do not convey any interest in or to the Assured Systems, information or data available via the Assured Systems (the “Information “), Content, Website or any other Assured property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without Our prior written consent. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Us.

RESTRICTIONS ON USE
In addition to the other restrictions set forth in these Terms of Use, You agree that:

(a) You will not violate, or attempt to violate, any applicable law, rule or regulation, in connection with Your use of the Website.
(b) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Assured.
(c) You will not input or upload to the Website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.
(d) You may not use or access the Website or the Assured Systems in any way that, in Our judgment, adversely affects the performance or function of the Assured Systems or the Website or interferes with the ability of authorized parties to access the Assured Systems or the Website.

PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) You may be given or create to access the Website and for all activities that occur under Your password(s). You agree to notify Us immediately of any unauthorized use of Your password(s).

LINKS TO AND FROM OTHER SITES
The Website may contain links and/or advertisements to other websites maintained by us or to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Assured Enterprises site does not mean that Assured approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of Your use or reliance on such websites. We have not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations of such sites. We do not make any representations whatsoever, or give any warranties of any kind, express, implied or otherwise, about other sites that You may access through the Website, the content thereof, or the products and/or services made available through such websites. If You decide to leave our Website and access these other websites, You do so at Your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to You while on such sites.

Any link to this Website without our written permission is prohibited. Persons providing access to this Website via link from another site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source Website and for any representations made or impressions created concerning Assured.

We do not assume any liability relating to any authorization to link to the Website and We hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Website at any time and for any reason.
Anyone providing access to, or information relating to, this Website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person(s) receiving such access or information. We will not incur or accept liability for any failure to do so.

DATA PROTECTION
By agreeing to these Terms of Use, You agree to the terms of our Privacy Policy.

Any communication or material You transmit to Us over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmission of any personal information to Us, You expressly grant permission to Us to disseminate and/or use such information for any lawful purpose.

We reserve the right to monitor Your communications with us whether by mail, voice, facsimile, e-mail or any other form of transmission for the purposes of quality control, security and other business purposes.
Notwithstanding the foregoing, all personal data provided to us through or in connection with this Website will be handled in accordance with our Privacy Policy.

TERMINATION
Assured reserves the right, at any time and from time to time, to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website (or any portion thereof) and/or the Content available through the Website (or any part thereof) with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.

Assured reserves the right, at any time, to terminate or suspend Your account (and any related accounts) and Your access to the Content and the Website at any time, for any reason, and without advance notice. We may monitor access to the Website and may refuse service to anyone, at any time, for any reason.

DISCLAIMER OF WARRANTIES
ASSURED MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE ASSURED SYSTEMS, THE INFORMATION OR THE CONTENT. THE USE OF ANY OF THESE IS AT YOUR OWN RISK.

THE WEBSITE, THE ASSURED SYSTEMS, THE INFORMATION AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. ASSURED, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. ASSURED AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT OR INFORMATION PROVIDED ON OR THROUGH

THE USE OF THE WEBSITE OR THE ASSURED SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THESE TERMS OF USE.

YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASSURED WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE ASSURED SYSTEMS, INFORMATION OR CONTENT, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE. WE WILL HAVE NO LIABILITY, WHETHER DIRECT OR INDIRECT, FOR (A) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (B) LOSS OF CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEMS OR NETWORKS OR THE RECOVERY OF SUCH; (C) LOSS OF BUSINESS OPPORTUNITY; OR (D) BUSINESS INTERRUPTION OR DOWNTIME. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

INDEMNITY AND RELEASE
You agree to indemnify, release and hold harmless Assured as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to Your violation of these Terms of Use or Your access or use of the Website, the Assured Systems, information, Services or Content.

COMPLIANCE WITH LAW
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a manner that does not, in Our sole judgment, negatively reflect on the goodwill or reputation of Assured and to take no actions that would cause Us to be in violation of any applicable laws, rulings or regulations.

Assured and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to or by which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software).

DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to use of the Website, the Assured Systems, Information or Content, shall be settled by arbitration administered by the American Arbitration Association under its then-prevailing rules. Such arbitration shall be conducted by a single arbitrator in Fairfax County, Virginia. In arriving at the award, the arbitrator shall make every effort to find a solution to the dispute in the provisions of these Terms of Use and give full effect to all parts hereof.

However, if a solution cannot be found in the provisions of these Terms of Use, the arbitrator shall apply the law of the Commonwealth of Virginia. The arbitrator shall be selected by mutual agreement of You and Assured; if You and Assured cannot agree upon an arbitrator within thirty (30) days, the American Arbitration Association shall appoint an arbitrator as soon as possible, but within thirty (30) days, in accordance with the then-prevailing rules. The arbitrator is not authorized to act as amiable compositeur but shall rule in accordance with the applicable substantive law. The arbitrator shall streamline the procedures while ensuring fairness in order to quickly and cost-effectively resolve the dispute. The award shall be in writing. The arbitrator may award costs and reasonable attorneys’ fees to the prevailing party in accordance with the arbitrator’s judgment of justice and fair play.

CERTAIN LEGAL MATTERS
These Terms of Use are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules, and the laws of the United States of America.

Except as expressly provided in a separate Content between You and Assured, these Terms of Use constitute the entire agreement between You and Us with respect to the use of the Website, the Assured Systems and any software or service, information and content contained therein, and supersede all prior communications, conversations and agreements concerning the matters contained herein.

Any waiver by Us of any provision of these Terms of Use must be in writing and signed by our authorized representative. In all events, Our failure to require Your performance of any obligation under these Terms of Use will not affect our right subsequently to require performance of that obligation.

If any provision of these Terms of Use or the application of any provision to anyone or in any circumstance(s) is found by a court with proper authority to be invalid, illegal or unenforceable, the court will have the power, and is directed, to substitute for or limit the relevant provision(s) to as closely as possible to effectuate the original intent of such invalid, illegal or unenforceable provision(s) and these Terms of Use in total and to enforce the substituted provision(s) or, if substitution or limitation is not possible, to deem the relevant provision(s) to be deleted entirely if the court finds that deletion does not materially alter the overall intent and effect of these Terms of Use. Subject to the foregoing, the invalidity, illegality or unenforceability of any one or more of the provisions of these Terms of Use will not affect the validity of any other provision of these Terms of Use.

Contact Assured

Assured Enterprises, Inc.
401 N. Lampasas Street, Suite A
Round Rock, TX 78664
United States