This is a legal agreement between you, your company including without limitation, its directors, officers, shareholders, subsidiaries and/or related companies or affiliates, employees and agents (hereinafter collectively referred to as the “Customer”) and Mobile Bonds Inc. stating the terms that govern the Customer’s use of the services provided by Mobile Bonds Inc. This agreement – together with all updates, additional terms, software licenses, and all of the rules and policies referred to in this agreement – collectively constitute the “Agreement” between the Customer and Mobile Bonds Inc. To agree to these terms, click “agree” and/or use the service. If the Customer does not agree to these terms, do not click “agree”, and/or do not use the service. The Customer must accept and abide by these terms as presented and Mobile Bonds Inc. may refuse access to the service it provides for non-compliance with any part of this Agreement.

  1. Definition of the Mobile Bonds service
    Mobile Bonds Inc. provides a service that enables Customers to transact surety bonds, in an electronic and/or digital format, with others via the Internet (“Service”) under certain terms and conditions as set forth in this Agreement.
  2. System Requirements

    Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because the use of this Service involves hardware, software, and Internet access, the Customer’s ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. The Customer acknowledges and agrees that such system requirements, which may be changed from time to time, is its responsibility. The Service is not part of any other service, product or offering, and no purchase or obtaining of any other service or product shall be construed to represent or guarantee Customer access to the Service.

    While reasonable effort is made to ensure that the Service provided is suitable for use on a variety of computer systems, the Customer should take reasonable and appropriate precautions to ensure compatibility of the Service software application with its specific computer system.

  3. Policies and Rules
    The Customer’s use of the Service is subject to the Usage Rules and Terms of Sale, which are incorporated herein.

  4. Customer Information
    The Customer agrees to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). The Customer further agrees to maintain and update its Registration Data as required to keep it accurate, current and complete. Mobile Bonds Inc. may terminate the Customer’s rights to any or all of the Service if any information it provides is false, inaccurate or incomplete. The Customer agrees that Mobile Bonds Inc. may store and use the Registration Data and other information it provides (including payment card information) for use in maintaining its accounts and billing fees to payment card(s).

    With the exception of the Customer’s corporate seal(s), corporate logo(s) and fully executed bonds along with their related documents such as endorsements and riders, all other works, information and materials uploaded to, stored on, processed using or transmitted via the Service by or on the Customer’s behalf is owned by Mobile Bonds Inc. Mobile Bonds Inc. agrees that it will not sell, distribute, publish or otherwise disseminate to any third party, or make available for the purpose of resale to any third party, any information received from or through the use of the Service without the Customer’s prior written consent.

    In the event that Mobile Bonds Inc. is insolvent, Customers will be able to access and retrieve the information related to the Customer within 90 days of a notice posted on the Mobile Bonds website(s).

  5. License and Customer Account
    Subject to this Agreement, Mobile Bonds Inc. hereby grants to the Customer a non-exclusive license to use the Service.

    As a registered user of the Service, the Customer will establish an account (“Account”). The Customer is responsible for maintaining the confidentiality and security of it Account(s). The Customer should not reveal its Account(s) information to anyone else or use anyone else’s Account(s). The Customer is entirely responsible for all activities that occur on or through its Account(s), and it agrees to immediately notify Mobile Bonds Inc. of any unauthorized use of its Account(s) or any other breach of security. Mobile Bonds Inc. shall not be responsible for any losses arising out of the unauthorized use of the Customer’s Account(s) that is not due to the negligence of Mobile Bonds Inc.

  6. Usage Rules and Security
    The Customer understands that the Service includes a framework using technology that protects digital information and limits the Customer’s usage of the Service to certain usage rules established by Mobile Bonds Inc., its licensors and suppliers (“Usage Rules”). The Customer agrees to comply with such Usage Rules, as further outlined below and contained within the Service, and it agrees not to violate or attempt to violate any security components. The Customer agrees not to attempt to, or assist another person and/or organization to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Service and any of the security components related to such Usage Rules for any reason whatsoever. The Usage Rules may be controlled and monitored by Mobile Bonds Inc. for compliance purposes and it reserves the right to enforce the Usage Rules with or without notice to the Customer.

    The Customer will not access the Service by any means other than through the software application that is provided by Mobile Bonds. The Customer shall not access or attempt to access an Account that it is not authorized to access. The Customer agrees not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. The Customer shall not use the Service in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Violations of system or network security may result in civil or criminal liability.

    The Customer agrees that its use of the Service constitutes its acceptance of and agreement to use such Service solely in accordance with the Usage Rules, and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Usage Rules shall govern the Customer’s rights with respect to the Service, in addition to any other terms or rules that may have been established between Customer and another party. Mobile Bonds Inc. reserves the right to modify the Usage Rules at any time.

    The Customer acknowledges that some aspects of the Service and the administering of the Usage Rules entails the ongoing involvement of Mobile Bonds Inc. Accordingly, in the event that Mobile Bonds Inc. changes any part of the Service or discontinues the Service, which Mobile Bonds Inc. may do so at its election, the Customer acknowledges that it may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that Mobile Bonds Inc. shall have no liability to the Customer in such case.

    The Service may offer interactive features that allow the Customer to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service. The Customer represents and agrees that any use of such features, including any information, materials or links submitted or posted by it, shall be the Customer’s sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste, and that it has obtained all necessary rights, licenses, or clearances. The Customer further agrees to provide accurate and complete information in connection with its submission or posting of any information or materials on the Service.

    Some of the Usage Rules contained within the Service that the Customer must be aware of are as follows:

    The Customer must enable the use of “Pop-up” windows within its computer system and software.

    Bonds and other related documents that are not executed completely within 90 days after a request has been approved, then all of the documents may expire within the Service. Should the expired bond and its related documents still be required, then the Customer must initiate a new transaction within the Service. Additional transaction fees may apply.

    The Service is only able to process one digital signature and seal (if required) for each organization that is involved in a transaction. Also the Service is not able to apply digital signatures for witnesses.

    If a Customer prepares and uploads its own pre-filled bond(s) and related documents into a transaction within the Service, it is solely responsible for the accuracy, validity and inter-operability with the Service.

    When a bond(s) has been fully executed, it will be available to the Customer in a compressed or ‘zipped’ PDF file. To retrieve the bond(s), the Customer can either:

    download the bond(s) to its computer. The Customer is required to SAVE the downloaded file directly to its computer or storage device. The bond(s) must then be extracted from the compressed file and saved separately to the Customer’s computer or storage device. If the PDF file is obtained by another method, such as but not limited to opening the file in its Internet browser, then it may fail Mobile Bonds Inc.’s verification process; or

    send an email to someone designated by the Customer. This email contains a link that when selected will retrieve the bond(s) from Mobile Bonds and provide them to the email recipient. The recipient is required to SAVE the downloaded file directly to its computer or storage device. The bond(s) must then be extracted from the compressed file and saved separately to the recipient’s computer or storage device. If the PDF file is obtained by another method, such as but not limited to opening the file in its Internet browser, then it may fail Mobile Bonds Inc.’s verification process.

    The Customer is encouraged to verify its bond(s) using Mobile Bonds Inc.’s verification process before delivering it to others.

    The Customer acknowledges and agrees that it and/or its representatives are responsible for all use of applicable digital signatures and digital seals.

    Email is not a guaranteed delivery method and is subject to what is conventionally referred to as anti-spam filters that may impact the delivery of the email generated through Mobile Bonds. The Customer acknowledges that Mobile Bonds will not be responsible for an email once it has been sent unless the delivery failure is caused solely by the negligence of Mobile Bonds and/or its suppliers.

  7. TERMS OF SALE
    1. Payment for Service
      The Customer acknowledges that its electronic submissions constitute its agreement and intent to be bound by and to pay for the Service.

      The Customer agrees to pay for all Services rendered, and that Mobile Bonds Inc. or its 3rd party payment processor may charge its payment card for any Service purchased and for any additional amounts (including any taxes and other fees, as applicable) as may be accrued by or in connection with the Customer’s Account(s). The Customer is responsible for the timely payment of all fees for providing Mobile Bonds Inc. or its 3rd party payment processor with a valid payment card for payment of all fees. All fees will be charged / billed to the payment card the Customer designates. There may be a temporary disruption of your access to the Service until Mobile Bonds Inc. and/or its 3rd party payment processor can verify the validity of the payment card information.

    2. Payment Methods
      Mobile Bonds Inc. accepts credit cards as a form of payment. When a credit card is being used to pay a fee or fees, Mobile Bonds Inc. and/or its 3rd party payment processor may obtain pre-approval from the credit card company for an amount up to the amount of the price of the Service.

    3. Refunds
      No refunds shall be made when the Service has been rendered.

    4. Right to Change Fees
      Mobile Bonds Inc. reserves the right to change a Customer’s transaction fee at its discretion.

    5. Records
      Mobile Bonds Inc.’s records will be considered correct and binding, unless the Customer provides Mobile Bonds Inc. with evidence to the contrary within 30 days of the date of a disputed transaction. In order to access and retain the associated electronic records, the Customer may be required to have certain hardware and software, which is its sole responsibility.

    6. Records
      Mobile Bonds Inc.’s records will be considered correct and binding, unless the Customer provides Mobile Bonds Inc. with evidence to the contrary within 30 days of the date of a disputed transaction. In order to access and retain the associated electronic records, the Customer may be required to have certain hardware and software, which is its sole responsibility.

    7. Records
      Mobile Bonds Inc.’s records will be considered correct and binding, unless the Customer provides Mobile Bonds Inc. with evidence to the contrary within 30 days of the date of a disputed transaction. In order to access and retain the associated electronic records, the Customer may be required to have certain hardware and software, which is its sole responsibility.

    8. Account Monitoring
      Mobile Bonds Inc. is not obligated to monitor the Customer’s Account(s) and is not responsible for any invalid and/or unauthorized transactions that are processed through the Service.

    9. Technical Problems
      There is a potential that technical problems may arise within Mobile Bonds Inc.’s software application that may delay or prevent delivery of the Service to you. Mobile Bonds Inc. is not liable to the Customer for any delay, loss, or damage that results from technical problems beyond its control.

    10. Forms
      The Service may contain some template forms of bonds, endorsements, riders and other documents that are available for use by the Customer. The Customer may also upload its own prepared documents for a transaction in accordance with the instructions posted on the website. The Customer agrees that it is solely responsible to ensure the accuracy and validity of these forms and/or documents. The Customer further agrees that Mobile Bonds Inc. shall not have any duty, obligation or responsibility to it or others in the event that these forms and/or documents are in any way prepared or contain errors, inaccurate or invalid.

    11. Storage
      The storage of electronic data, information and/or documents entered into and/or uploaded through the Service for each surety bond transaction is limited to 10 Mb. If the electronic data, information and/or documents exceeds this limit, then an additional fee USD$1.20 per additional Mb per year will apply and may be charge separately.

      The electronic data, information and/or documents relating to a Customer’s transaction will be stored within Mobile Bonds Inc. and/or its third party service providers’ secure storage facilities for a period of 10 years from the date of payment by the Customer or by an associated Customer. After that time, the electronic data, information and/or documents may be removed and stored in an alternate secure storage facility or medium that is not connected to the Service for another 5 years. As a result, the Customer may not be able to access some or all of the electronic data, information and/or documents directly from the Service at that time. The Customer may request access to the electronic data, information and/or documents from Mobile Bonds Inc. There may be an additional cost or fee charged to fulfill the request.

  8. INTELLECTUAL PROPERTY
    1. Acknowledgment of Ownership
      The Customer agrees that the Service, including but not limited to products, graphics, user interface, audio and video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Mobile Bonds Inc., suppliers and / or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that the Customer will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms and this Agreement. No portion of the Service may be reproduced in any form or by any means. The Customer agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and it shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

    2. Removal of Mobile Bonds Inc. Content or Other Materials
      Notwithstanding any other provision of this Agreement, Mobile Bonds Inc., suppliers and its licensors reserve the right to change, suspend, remove, or disable access to content, or other materials comprising a part of the Service at any time without notice. In no event will Mobile Bonds Inc. be liable for the removal of or disabling of access to any such access to any content or materials under this Agreement. Mobile Bonds Inc. may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

    3. Copyrights
      All copyrights in and to the Service, including but not limited to, Mobile Bonds Inc. (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Mobile Bonds Inc., its suppliers and/or its licensors. The use of the software or any part of the Service, except for use as permitted, is strictly prohibited and infringes on the intellectual property rights or others and may subject the Customer to civil and criminal penalties, including possible monetary damages, for copyright infringement.

    4. Trademarks
      Mobile Bonds and other Mobile Bonds trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Mobile Bonds Inc. in Canada and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. The Customer is granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

  9. Termination
    The Customer may terminate this Agreement with Mobile Bonds Inc. upon providing written or electronic notice to Mobile Bonds Inc. Upon termination, the Customer acknowledges that its password and access to the Service will be terminated. The Customer will not be relieved from its obligation to make payments to Mobile Bonds Inc. for any outstanding fees or other charges payable prior to termination. The Customer agrees to pay these outstanding fees or other charges promptly to Mobile Bonds Inc.

    If the Customer fails, or Mobile Bonds Inc. suspects that the Customer has failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Mobile Bonds with accurate and complete Registration Data, failure to safeguard the Customer’s Account(s) information, or violation of the Usage Rights or any license to the software, or infringement or violation of third parties’ rights, Mobile Bonds Inc., at its sole discretion, without notice to the Customer may terminate this Agreement and / or the Customer’s Account(s), and it will remain liable for all amounts due under the Customer’s Account(s) up to and including the date of termination; and /or terminate the license to the software and/or preclude access to the Service for any part thereof.

  10. General Compliance with Laws
    The Service is controlled and operated by Mobile Bonds Inc. from its office in Canada. The Customer agrees to comply with all Canadian local, provincial and federal laws that apply to its use of the Service.

  11. Enforcement of these Terms
    Mobile Bonds Inc. reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Mobile Bonds Inc.’s right to cooperate with any legal process relating to the Customer’s use of the Service and/or products, and/or a third party claim that the Customer’s use of the Service and/or products is unlawful and/or infringes such third party’s rights). The Customer agrees that Mobile Bonds Inc. has the right, without liability to it, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Mobile Bonds Inc. believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Mobile Bonds Inc.’s right to cooperate with any legal process relating to the Customer’s use of the Service and /or products, and/or third party claims that its use of the Service and/or products is unlawful and / or infringes such third party’s rights).

  12. No Responsibility for Third-Party Materials or Websites
    Certain content, products, links to other websites and services available via the Service may include materials from third parties. The Customer acknowledges and agrees that Mobile Bonds Inc. is not responsible for examining or evaluating content or accuracy of any such third-party material or websites. Mobile Bonds Inc. does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. The Customer agrees that it will not use any third party materials in a manner that would infringe or violate the rights of any third party, and that Mobile Bonds Inc. is not in any way responsible for any such use by the Customer.

  13. Disclaimer of Warranties and Liability Limitations
    Mobile Bonds Inc. warrants that it will provide the Service with reasonable care and skill and substantially in accordance with this Agreement. Except as provided herein, there are no other warranties, conditions or promises about the Service, expressed or implied and all such warranties, conditions or promises are excluded to the full extent permitted by law without limitation to the foregoing.

    Mobile Bonds Inc. does not guarantee, represent, or warrant that the Customer’s use of the service will be uninterrupted or error-free, and the Customer agrees that from time to time Mobile Bonds Inc. may remove the service for indefinite periods of time, or cancel the service at any time, with reasonable notice.

    Mobile Bonds Inc. does not guarantee, represent or warrant that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Mobile Bonds Inc. disclaims any liability relating thereto.

    Mobile Bonds Inc. will not be liable to the Customer for any adverse effect on the appearance, operation or functionality of the Service, any loss of income, business or profits, or for any loss or corruption of data due to a defect, error or bug caused by or arising as a result of an act or omission by the Customer or an incompatibility between the Service and any other system, application, program or software.

    Mobile Bonds Inc. will use reasonable efforts to protect information submitted by the Customer in connection with the Service, but the Customer acknowledges and agrees that its submission of such information is at its sole risk, and Mobile Bonds Inc., hereby disclaims any and all liability to the Customer for any loss or liability relating to such information in any way.

    In no case shall Mobile Bonds Inc., its directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any loss or damage caused by Mobile Bonds Inc., its employees or agents where:

    There is no breach of a legal duty of care owed to the Customer by Mobile Bonds Inc. or by any of its employees or agents;

    Such loss or damage is not a reasonably foreseeable result of any such breach;

    Any increase in loss or damage results from a breach by the Customer or any term of this Agreement.

  14. Limitation of Liability
    In recognition of the relative risks and benefits of the Service to both the Customer and Mobile Bonds Inc., the Customer agrees, to the fullest extent permitted by law, to limit the liability of Mobile Bonds Inc. to the Customer for any and all claims, losses, costs, damages of any nature whatsoever or claims, expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of Mobile Bonds Inc. to the Customer shall not exceed the insurance coverage available at the time of settlement or judgment, or the Customer’s transaction fee for the Service rendered whichever is greater. It is intended that this limitation applies to any and all liability or cause of action, however alleged or arising, unless otherwise prohibited by law.

  15. Waiver and Indemnity
    By using the service, the Customer agrees to indemnify and hold Mobile Bonds Inc., its directors, officers, employees, affiliates, agents, contractors, suppliers and licensors harmless with respect to any claim arising out of its breach of this Agreement, or any action taken by Mobile Bonds as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that the Customer cannot sue or recover any damages from Mobile Bonds Inc., its directors, officers, employees, affiliates, agents, contractors and licensors as a result of its decision to remove or refuse to process any information or content, to warn the Customer, to suspend or terminate the Customer’s access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Mobile Bonds Inc.’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.

  16. Changes
    Mobile Bonds Inc. reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on the Customer’s use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately upon release and incorporated into this Agreement. The Customer’s continued use of the Service will be deemed to constitute its acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

  17. Notices
    Mobile Bonds Inc. may send the Customer a notice with respect to the Service by sending an email message to the email address listed in its Account contact information, by sending a letter via postal mail to the contact address listed in its contact information, or by a posting such notice on the Mobile Bonds website that shall become effective immediately.

  18. Miscellaneous
    This Agreement constitutes the entire agreement between the Customer and Mobile Bonds Inc. and governs its use of the Service, superseding any prior agreements between it and Mobile Bonds Inc. The Customer may also be subject to additional terms and conditions that may apply when it uses affiliate services, third party content, or third party software. Mobile Bonds Inc.s’ failure to enforce any right or provision in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Mobile Bonds Inc. will not be responsible for failures to fulfill any obligations due to causes beyond its control.

  19. Quebec
    The parties to this Agreement have required that this document be drawn up in English. Les parties ont demande que ce contrat soit redige uniqement en anglais.

Last Updated August 15, 2015

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