Website Terms & Conditions
Last Modified: 23 August 2024
1. Introduction
Welcome to TheGuarantors!
These terms are entered into by and between you and GuarantR, Inc. d/b/a as TheGuarantors, The Guarantors Agency, Guarantors Insurance Agency, or/and one of GuarantR, Inc.’s divisions, affiliates, subsidiaries, or joint ventures (“TheGuarantors,” “Company,” “we,” “our,” or “us”).
Our domains provides you with 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 education 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 Company. By accessing and using the Site you represent and warrant that you are the age of majority in your respective jurisdiction and are seeking the services of Company as they relate to activities within the United States of America.
Please read these Terms and Conditions carefully before you start to use the Site. By using the Site, you agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Site.
2. Change to these Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Site following the posting of revised Terms and 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.
3. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
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 generally accepted industry 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 associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
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 Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.
4. Site Access and Privacy & Security
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons accessing the Site through your internet connection are aware of, and comply with, these Terms and Conditions.
TheGuarantors operates the Site from its offices within the United States of America. We do 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 of America may be strictly prohibited. You acknowledge and agree that your are accessing the Site on your own initiative, at your own risk, and are responsible for compliance with all local laws.
We reserve the right to withdraw or amend this Site, and any services or materials we provide on the Site, in our sole discretion without notice, subject to applicable laws, including but not limited to, state insurance regulations. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details, personal and financial information, or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy.
If you chose, or are provided with, a username, 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 with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of your security in connection with the Company. 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. Further, by creating or accessing your account, you agree to be bound and abide by the Account Creation and Access Terms & Conditions. In the event of any conflicts, apparent or perceived, the Account Creation and Access Terms & Conditions shall control.
We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion, if in our determination you have violated any of these Terms and Conditions.
To learn about Company’s privacy and security practices, please visit our Privacy Policy.
5. System Requirements
To receive, access, and reply to applicable materials 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
6. Legal/Regulatory Notices & Telephone and Text Communications Terms & Conditions
Please review our Legal/Regulatory Notice to access and understand important information, including, but not limited to your E-SIGN and UETA Consents, Insurance Notices, FCRA Notice, and External Consumer Data and Information Sources & Artificial Intelligence System Notice.
Please review our Telephone and Text Communications Terms & Conditions to access and understand important information concerning consent to telephone and text messaging services.
7. Intellectual Property, Trademarks, and Copyright
You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms and Conditions or otherwise indicated on the Site, TheGuarantors or its licensors own all content on this Site, including, without limitation, all videos, articles, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such content. Subject to these Terms and Conditions, TheGuarantors grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the services solely for your personal, non-commercial purposes. Your use of this Site shall not grant you any claim of ownership over any content, and you agree to comply with all copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any content, in whole or in part. You may print copies of the content, provided these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the content, or maintained by the contributor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any content from this Site. The use of the content from this Site on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without TheGuarantors’ prior written approval.
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 Company’s intellectual property and create no relationship between you and us. You may address all inquiries concerning use of Company intellectual property to: trademark@TheGuarantors.com.
The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Site are the property of Company, 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 the Company.
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 Company. “Co-brand” means your display of any of any of TheGuarantors’ intellectual property, or your taking of other means of attribution or identification of Company 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 us in causing any unauthorized co-branding, framing or linking to immediately cease.
From time to time, we 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 the Company. TheGuarantors 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 we authorize 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.
TheGuarantors respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (the “DMCA”) , the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to notices of alleged copyright infringement that are duly reporter to its Designated Copyright Agent identified below. TheGuarantors reserves the right to disable and/or remove access to the Site for users who are repeat infringers or to terminate the rights of any user to access the services if any such user is either found to infringe third party copyright or other intellectual property rights, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:
TheGuarantors Legal Department
One World Trade Center
84th Floor
New York, NY 10007
Phone: 1 (800) 790-9763
8. Submissions and Use of Testimonials
We value 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. We request 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 us to be, and shall remain, the property of the Company. None of the Information shall be subject to any obligation of confidence on the part of TheGuarantors and TheGuarantors shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, TheGuarantors 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.
Further, by posting a review or testimonial about TheGuarantors on any public platform, including but not limited to Google, social media, or our Site, you grant TheGuarantors permission to use your review or testimonial, including your username or any other identifying information you provided, for marketing and promotional purposes. We reserve the right to edit or shorten reviews or testimonials for clarity or length. If you would like your review or testimonial removed, please contact us at marketing@theguarantors.com.
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 the Company’s Privacy Policy or otherwise injurious to us or third parties; and that will not consist of or invoke malicious software code, constitute commercial solicitation (except where pre-approved by TheGuarantors), 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 the Company and you grant TheGuarantors 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 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 or others licensed by TheGuarantors to use Visitor Submissions may be attributed to you unless the visitor has expressly requested anonymity. TheGuarantors reserves the right to select among the Visitor Submissions for the most appropriate material to be used, subject to TheGuarantors sole discretion and judgment. TheGuarantors 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.
9. Limitation of Liability
IN NO EVENT WILL THEGUARANTORS 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 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, 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, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Your Liabilities
As provided above, TheGuarantors has the right to deny you access and use of the Site and its Content (as defined herein) if you violate (as TheGuarantors may determine in their sole and absolute discretion) any provision of the Terms and Conditions. TheGuarantors 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 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.
11. 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 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 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 HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE AND MAY CHANGE OR IMPROVE THE SITE AT ANY TIME WITHOUT NOTICE.
TheGuarantors 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. TheGuarantors make no representations, warranties or guarantees that the Site will be accessible continuously and without interruption, or error free.
12. Insurance Products and No Offer
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.
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 - 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.
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.
13. General Provisions
Limitation on Time to File Legal Claims: UNLESS OTHERWISE PRESCRIBED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE 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 and 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 and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and 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 and Conditions will continue in full force and effect.
Governing Law and Jurisdiction: 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.
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 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.