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Account Creation and Access Terms & Conditions

Last Modified: 18 January 2024

Acceptance of the Account Creation and Access Terms & Conditions

These Account Creation and Access Terms & Conditions (Terms & Conditions) are entered into by and between you and GuarantR, Inc. ("Company," "we," or "us"). The following Terms & Conditions, together with the Legal/Regulatory Notices found at https://www.theguarantors.com/legal-regulatory, Terms of Services found at https://www.theguarantors.com/terms, our Privacy Policy, found at https://www.theguarantors.com/privacy, the Bond General Terms & Conditions, and jurisdictional specifics, found at https://www.theguarantors.com/general-terms-and-conditions (Bond Terms & Conditions) and any other documents executed by you or your affiliates or associated entity with the Company, (collectively, "Terms of Use"), govern your access to and use of https://www.theguarantors.com/, including any content, applications, platforms, dashboards, functionality, accounts, and services offered on or through https://www.theguarantors.com/ (the "Website"), whether as a guest (e.g. non-account holder visiting and accessing the Website) or a registered user (e.g. accountholder visiting and accessing the Website). 

IMPORTANT NOTICE TO OPERATOR & OWNERS:

  • Those individuals and entities serving as a landlord under a covered lease and obligee under an executed bond, acknowledge receipt of the respective Bond Terms & Conditions and accompanying insurance fraud notices, which are incorporated by reference into these Terms & Conditions. Individuals and entities serving as landlord under a covered lease and obligee under an executed bond understand that the respective Bond Terms & Conditions may be updated from time-to-time, in accordance with insurance law, and are deemed to be on notice of updated terms upon posting. Those individuals and entities serving as a landlord under a covered lease and obligee under an executed bond shall comply with all applicable provisions of the respective Bond Terms & Conditions.

Please read these Terms & Conditions carefully before you start to use the Website or create and access an account. By clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions, our Terms of Services, found at https://www.theguarantors.com/terms, and our Privacy Policy, found at https://www.theguarantors.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms & Conditions, Terms of Services, and/or the Privacy Policy, you must not access or use the Website nor create or access an account.

By entering your phone number, your email address, and submitting the account creation form, you consent to receive text messages and marketing emails from the Company.  You can unsubscribe at any time by replying STOP or clicking "Unsubscribe" in emails.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all regulatory and statutory eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website nor create or access an associated account.

Changes to the Terms & Conditions

We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and accounts thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.

Your continued use of the Website and accessing or creating your account following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and accounts, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and accounts, or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and comply with them.

To access the Website, accounts, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and use of your account that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register and set up an account with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.theguarantors.com/privacy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Passwords must be unique to the account associated with us and not duplicative of other passwords you may have associated with other external accounts.  DO NOT SHARE YOUR ACCOUNT CREDENTIALS WITH ANYONE.  You acknowledge that as a requirement for access to your account, Company requires the use of multifactor authentication measures of Company’s choosing. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.

User Contributions and Integration of Your Data

Through your interaction with the Website and/or the creation and access of your account, certain information and data may be inputted by you concerning your personal information (e.g. name, email, phone number, address, SSN, etc.) and/or integrated to your account from an associated information system constituting, among other data, tenant details maintained, owned, and controlled by you, your affiliates, and affiliated entities (collectively, “Integrated Data”).  Subject to applicable law, including the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, the Privacy Policy, and Terms of Use, you hereby grant Company and necessary third-party service providers and contractors a worldwide, non-exclusive license to the Integrated Data for all business purposes necessary and appropriate to provide the services in the Terms of Use.  Further, subject to the same, Company may utilize Integrated Data for appropriate commercial purposes, including offering you insurance products and developing insurance products.  

Consistent with the foregoing, and subject to applicable law and the Terms of Use, you understand, acknowledge, and agree that: 

  • Company and third-party service providers and contractors may use, modify, display, distribute, and create new material using the Integrated Data in accordance and connection with the provisions of the Terms of Use; 

  • You may not copy, reproduce, distribute, or create derivative works from Integrated Data or any other content you receive through the Company’s service; 

  • Integrated Data can be accessed and viewed by individuals who support your relationship with Company and as otherwise required to provide the services of the Terms of Use; 

  • You are responsible for any Integrated Data you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  

Further, subject to the Terms of Use, you warrant and guarantee that (i) you have ownership and/or full power, right, and authority to authorize and permit Company and its third-party service providers and contractors to receive and use the Integrated Data; (ii) that the Integrated Data is accurate, current, and complete; (iii) you will only use the services for bona fide lawful purposes, not for purposes in violation of any applicable law or regulation, or in any other manner that, expressly or implicitly, violates the Terms of Use.

The Website may contain profiles, dashboards, platforms, and other interactive features (collectively, "Interactive Services") that allow users to submit, display, or transmit Integrated Data to and from Company on or through the Website.

All information provided by you must comply with the Terms of Use, California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and any other applicable local, state, or federal laws and regulations.

We are not responsible or liable to any third party for the content or accuracy of any Integrated Data provided by you or any other user of the Website. 

Integrated Data may include telephone and cell phone numbers (collectively, Phone Numbers) and Interactive Services may include communications from and to Company via the provided Phone Numbers.  Standard messaging and data rates may apply.

Intellectual Property Rights

The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms & Conditions permit you to use the Website and associated account for exclusively your interaction with Company and the business purposes identified in the Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • In accordance with, and furtherance of, and pursuant to any provisions in the Terms of Use.

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal and business purposes as provided in the Terms of Use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your commercial use and known business purposes, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use any part of the Website or any services or materials available through the Website for any personal purposes. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms “theguarantors,” “guaranti,” and “securti,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website, create an account, and/or access an account only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website or account:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms of Use, the Privacy Policy, Terms of Service, or the Content Standards.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website and account in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Attempt to gain unauthorized access to Integrated Data.

  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to, subject to all applicable laws:

  • Remove or refuse to accept any Integrated Data for any or no reason in our sole discretion.

  • Take any action with respect to any Integrated Data that we deem necessary or appropriate in our sole discretion, including if we believe that such Integrated Data violates the Terms of Use, including infringements of any intellectual property right or other right of any person or entity, threatens the personal safety of individuals, or could create liability for the Company.

  • Disclose your identity to the extent necessary, or other information about you, to government agencies and any third party who provides verified claims that material delivered by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of the Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is provided to the Companyto Company and cannot ensure prompt removal of inaccurate information. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, Integrated Data, or content provided by you. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all information provided by you and use of Interactive Services. All information provided by you to the Companyto Company must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, any information provided by you must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy https://www.theguarantors.com/privacy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

Reliance on Information Posted

The information presented on or through the Website or your account is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website and the Interactive Services may include/includes content provided by third parties, including materials provided by others. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Delaware in the United States with a headquarters in the State of New York. We provide this Website and account creation and access services for persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE CREATION OF AN ACCOUNT, ACCESSING YOUR ACCOUNT, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms & Conditions or your use of the Website, including, but not limited to, your Integrated Data and User Contributions, any use of the Website's content, services, and products other than as expressly authorized in the Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website, account creation or access and the Terms & Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision.

Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms & Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration.  Company retains the right to select the arbitration services of its choice.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect. 

Entire Agreement

The Terms of Use and all subsequent binding and enforceable contracts between you and the Company constitute the sole and entire agreement between you and GuarantR, Inc.  In the event of inconsistencies between these Terms & Conditions and any other agreement or the Privacy Policy or the Terms of Services, the other document shall govern in lieu of these Terms & Conditions.