Terms and Conditions

TheGuarantors Agency
Terms and Conditions

TheGuarantors Agency gives you the ability to perform certain activities and gather certain information at our site(s) on the World Wide Web (the “Site”). You can use the Site to gather certain information about our products and services, to apply online for one or more of our products and services, and for certain educational content (“Online Activities”).

When you access the Site, you’re agreeing to these terms and conditions of use, plus any additional terms or conditions within the Site itself (collectively “Terms and Conditions”). The Terms and Conditions are in addition to any other agreements between you and TheGuarantors Agency.

TheGuarantors Agency reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Such modification or change shall be effective upon posting by TheGuarantors Agency on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such change is posted.

Your Privacy and security on the site.

Updating Your Personal Information

You are responsible for telling TheGuarantors Agency if you’ve changed your personal information, such as your name, telephone number, mailing address, e-mail address, or other personal information. You may update your personal information by using the Online Activities or by contacting TheGuarantors Agency at contact@theguarantors.com

Spamming and Solicitation

You may not use any information obtained from the site for spamming or solicitation.

Using Electronic Signatures

Online Access

For some Online Activities, TheGuarantors Agency permits “Online Access,” which includes the ability to use a personal computer or other access device equipped with an active connection to an Internet Service Provider to access your TheGuarantors Agency accounts, policies, or other products and to perform certain transactions as available. You may register for Online Access via the Internet.

In order to conduct some Online Activities, you agree to receive information applicable to your use of the Online Activities delivered to you electronically. These may include policy documents, quotes, billing statements, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents (“Communications”). Your consent does not mean that TheGuarantors Agency must provide the Communications electronically; TheGuarantors Agency may, at its option, provide the Communications through non-electronic means. As part of the Online Activities, many of these Communications are made available to you in non-electronic form. If you wish to withdraw your consent to receive information electronically through your use of the Online Activities, you may discontinue your use of the Online Access. If you have questions regarding Online Activities, please contact TheGuarantors Agency at contact@theguarantors.com

As part of the Online Activities, you may be given the option to sign certain Communications electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the terms and conditions in such Communication just as if you had signed your name to a paper document.

Your state may require insurance documents to be displayed in a particular font size. To ensure that Communications are displayed at the correct font size for your state, please make sure that the view size setting for the Communications is set to 100% and your browser resolution is 800 x 600.

System Requirements

To receive, access, and reply to applicable Communications you will need:

  • a personal computer or other access device with Internet access,
  • a web browser which is capable of supporting 128-bit SSL encryption,
  • software that lets you get and open Portable Document Format or “PDF” files, and
  • the ability to download or print agreements and disclosures.

System Requirements to Retain Information

To retain the Communications sent to you electronically for your records, your system must have the ability to download (e.g., to your hard disk drive or a floppy diskette), print PDF files, or print web pages and embedded HTML files. In some cases, you must print, complete, and sign Communications with a pen, and then return them to TheGuarantors Agency according to the instructions on the document. To do this, you must have a functioning printer connected to your personal computer or other access device that is able to print Communications and the instructions on plain, white 8½ x 11 inch paper.

Intellectual Proprety, Trademarks, and Copyrights

Intellectual Property

Intellectual property is protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in the Terms and Conditions. The Terms and Conditions grant you no right, title or interest in TheGuarantors Agency intellectual property and create no relationship between you and TheGuarantors Agency. You may address all inquiries concerning use of TheGuarantors Agency intellectual property to: trademark@theguarantors.com

Trademark Notice

The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Site are the property of TheGuarantors Agency, unless otherwise disclosed. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the written permission of TheGuarantors Agency.

Copyright Notice

© 2014-2015 TheGuarantors Agency. All rights reserved.

You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes, without the prior written permission of TheGuarantors Agency.

Designated Agent (Digital Millennium Copyright Act)

If you think that a work protected by a United States copyright has been linked to, posted or stored on the Site without authorization, please contact the following agent designated to receive notification of claimed copyright infringement: copyright@theguarantors.com

License And Reproduction

Original materials of TheGuarantors Agency posted on the Site are protected by intellectual property laws. You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate the Site solely for your personal, non-public use. You are also granted a limited and revocable license to print copies of the Content, but solely for your personal, non-public use. Except as expressly provided above, all rights are reserved. Any commercial or public use of the Site or any of its Content is strictly prohibited without written permission from TheGuarantors Agency.

Except as expressly provided above, no portion of the Site, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of TheGuarantors Agency (collectively, the “Intellectual Property”) displayed on the Site or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of the TheGuarantors Agency. Use of any TheGuarantors Agency trademarks as metatags on any third-party Web site is strictly prohibited. You may not Co-Brand the Site or display the Site in frames (or any of the Content via in-line links) without prior written permission from TheGuarantors Agency. “Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of TheGuarantors Agency in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with TheGuarantors Agency in causing any unauthorized co-branding, framing or linking to immediately cease.

Hyperlinks

From time to time, TheGuarantors Agency may authorize Linked Web Sites (as defined herein) to or from the Site. Linked Web Sites are controlled and operated by third parties and not by TheGuarantors Agency. TheGuarantors Agency makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information, and the quality of products or services provided or advertised on Linked Web Sites. The fact that TheGuarantors Agency authorizes Linked Web Sites is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to Linked Web Sites, its owners, sponsors, or providers.

Information About the Operation of the Site

TheGuarantors Agency operates the Site from its offices within the United States. TheGuarantors Agency does not represent that Content on the Site is appropriate or applicable for use in any other country, and access from certain countries other than the United States may be strictly prohibited. You acknowledge and agree that you are accessing the Site on your own initiative, at your own risk, and are responsible for compliance with all local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Delaware. You consent to exclusive jurisdiction and venue in New York County, New York and waive the defense of forum non conveniens.

Submissions of Unsolicited Ideas

TheGuarantors Agency values your feedback; however, we ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. TheGuarantors Agency requests this in order to avoid confusion in the future regarding the origin of the concept, product or service.

If, despite our request that you not send us any creative materials, you still send us creative suggestions, ideas, concepts or other information (collectively, the “Information”), such Information shall be deemed by TheGuarantors Agency to be, and shall remain, the property of TheGuarantors Agency. None of the Information shall be subject to any obligation of confidence on the part of TheGuarantors Agency and TheGuarantors Agency shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, TheGuarantors Agency shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Visitor Submissions

All communications initiated by you (also defined herein as a “Visitor”) and made to or through portions of the Site that permit uploading of questions, comments or other material are hereby considered “Visitor Submissions”.

If you submit material intended for display where technically permitted within the Site, you agree to abide by the terms set forth herein. Visitor Submissions will not contain any content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, counter to TheGuarantors Agency Privacy Policy or otherwise injurious to TheGuarantors Agency or third parties; and that will not consist of or invoke malicious software code, constitute commercial solicitation (except where pre-approved by TheGuarantors Agency), consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. Where an email address is required to upload Visitor Submissions, you agree to use a valid email address and represent that you are the individual identified by the address. If you wish to submit materials to the Site, you are prohibited from impersonating any other individual or entity, or otherwise mislead as to the origination of the Visitor Submission.

Visitor Submissions will not be accepted that infringe in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary or trade-secret information of any individual or entity, or that may violate the legal rights of any person or entity in any jurisdiction or locale. You may not submit materials that are or purport to be the personally identifiable information about others, such as full name, postal address, email address, telephone number or any other personal attribute which would constitute harassment or an invasion of privacy.

Visitor Submissions become the property of TheGuarantors Agency and you grant TheGuarantors Agency a non-exclusive, royalty- free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, and reformat Visitor Submissions as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising. If you submit a Visitor Submission, you are also hereby granting to TheGuarantors Agency the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses Visitor Submissions in an unauthorized way or through unauthorized reproduction of any Visitor Submission.

Visitor Submissions used, displayed or propagated by TheGuarantors Agency or others licensed by TheGuarantors Agency to use Visitor Submissions may be attributed to you unless the visitor has expressly requested anonymity. TheGuarantors Agency reserves the right to select among the Visitor Submissions for the most appropriate material to be used, subject to TheGuarantors Agency sole discretion and judgment. TheGuarantors Agency otherwise reserves the right to remove Visitor Submissions from the Site pursuant to its discretion and judgment, but maintains no obligation to do so.

Visitors also hereby agree to not redistribute or reproduce elsewhere Visitor Submissions in any manner or in any media, including the re-submission or republishing of any Visitor Submission on any other site not affiliated with TheGuarantors Agency.

Limitation of Liabilities

TheGuarantors Agency Liabilities

IN NO EVENT WILL TheGuarantors AGENCY ITS RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICER, SHAREHOLDERS AND DIRECTORS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED TheGuarantors AGENCY ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF THE SITE OR A LINKED WEB SITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, TRANSMISSION OF VIRUSES THAT INFECTS A USER’S EQUIPMENT, MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

Your Liabilities

TheGuarantors Agency has the right to deny you access and use of the Site and its Content (as defined herein) if you violate (as TheGuarantors Agency may determine in their sole and absolute discretion) any provision of the Terms and Conditions. TheGuarantors Agency reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold TheGuarantors Agency harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of your access to, or use of, the Site or any of its Content in a manner other than as expressly authorized by the Terms and Conditions, your breach of the Terms and Conditions or your violation of applicable laws or any rights of any third party.

Disclaimer of Warranties

ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITE (“CONTENT”), INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES ABOUT THE CONTENT’S NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

WITHOUT LIMITING THE ABOVE, TheGuarantors AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED (“LINKED WEB SITE”). TheGuarantors AGENCY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.

THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON THE SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE OR A LINKED WEB SITE IS UPDATED OR COMPLETE. TheGuarantors AGENCY HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE AND MAY CHANGE OR IMPROVE THE SITE AT ANY TIME WITHOUT NOTICE.

TheGuarantors Agency does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than TheGuarantors Agency.

TheGuarantors Agency make no representations, warranties or guarantees that the Site will be accessible continuously and without interruption, or error free.

Products Mentioned In This Site

No security or insurance product is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful under the laws of the jurisdiction. Some products, product features, or underlying investment options may not be available in all states.

Important Disclosures About TheGuarantors Agency Products

Product, coverage, discounts, insurance terms, definitions, and other descriptions are intended for informational purposes only and do not in any way replace or modify the definitions and information contained in your individual insurance contracts, policies, and/or declaration pages from TheGuarantors Agency- affiliated underwriting companies, which are controlling. Such products, coverages, terms, and discounts may vary by state and exclusions may apply.

Products underwritten by Our Insurance Partner. Products and discounts are not offered by all companies nor are all products and discounts available to all persons in all states, and at all times are subject to underwriting guidelines, review, and approval.

No Offer

Information in the Site is not a solicitation, offer, recommendation, invitation or inducement to buy or sell any investment or to enter into or conclude any transaction.

Entire Agreement

Except to the extent otherwise set forth in the Terms and Conditions, these Terms and Conditions set forth the entire understanding between TheGuarantors Agency and you with respect to your access to, and use of, the Site and its Content and supersedes all prior or contemporaneous understandings regarding access and use.

Severability

If any portion of these Terms and Conditions is found to be unenforceable, the remaining sections of the Terms and Conditions will remain in effect.

Waiver

Failure by TheGuarantors Agency, in any instance, to exercise any of its rights under the Terms and Conditions will not constitute waiver of such right or any other rights under the Terms and Conditions.