Terms and Conditions of Use

Terms and Conditions for Use of Sure Programs

Please read these Terms and Conditions of Use (“Terms”) carefully as they create a legally binding agreement between you and Sure, Inc. (“Sure”).  These Terms govern your use of the websites linked to these Terms. By using Sure Programs via Sure’s websites, you automatically agree to these Terms.  Unless otherwise provided in a separate agreement, Sure grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use Sure Programs for your employer’s purposes during the term of this agreement.  If you do not agree to these Terms, immediately cease any use of Sure Programs.

Your Account

In order to use Sure Programs, you must: (i) be at least 18 years of age, (ii) create an account and a password; (iii) agree to these Terms; and (iv) provide true, complete, accurate, and current contact information.  You may not share your account or password with any other person or entity.  If you believe your account has been compromised, please contact Sure as soon as possible.

Term and Termination

When you agree to these Terms, the agreement between you and Sure begins.  The agreement will last for as long as you have an account on Sure Programs, are employed by a Sure customer or potential customer, or until we terminate your account in accordance with these Terms.  Sure or you may terminate your account at any time and for any reason by providing the other party notice.  We may suspend your account at any time, with or without cause.

Ownership

Sure owns all right, title, interest, and proprietary rights in Sure Programs, including, but not limited to, patents, trademarks, service marks, copyrights, trade secrets, and other intellectual property rights.  If you provide suggestions, comments, ideas or recommendations, requests for enhancements, additional features or functionality, or other feedback to Sure (collectively “Feedback”), you hereby assign all right, title, interest, and proprietary rights, in and to the Feedback to Sure.  All licenses granted to you pursuant to this agreement or any applicable agreement with Sure are expressly conditioned upon your compliance with these Terms. All rights not expressly granted hereunder are reserved to Sure.  Any use of Sure Programs not expressly authorized in this agreement is strictly prohibited.

You represent and warrant that you either own or have the authority, license, or permission to use all material, content, data, and information you provide Sure while using Sure Programs. You will retain ownership of the material, content, data, and information you provide Sure.

Rules and Restrictions

  • Unless specifically authorized in advance and in writing by Sure, you will not share, sell, transfer or otherwise make Sure Programs available to any third person or entity.
  • You will use your best efforts to prevent the misuse or unauthorized use of Sure Programs by any third person or entity.
  • You may not disassemble, decompile, reverse engineer, modify, or otherwise alter Sure Programs or any part thereof.
  • You may not access data not intended for your use.
  • You may not upload personal information, as that term is defined by law, into Sure Programs.
  • You may not log on to a server or an account that you are not authorized to access.
  • You may not probe, scan, or test the vulnerability of a system or network.
  • You may not attempt to breach security or authentication measures without proper authorization.
  • You may not interfere with services to any user, host, or network, including, but not limited to, submitting a virus to any Sure website, overloading, flooding, spamming, mailbombing, or crashing.
  • You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search a Sure website other than the search engine and search agents available from Sure and other generally available third-party web browsers.
  • You may not use the Sure Programs to store or transmit data that infringes a third party’s privacy or intellectual property rights.
  • You many not co-brand or otherwise provide Sure Programs to or on behalf of any third party;
  • You will not use Sure Programs to create, send, or display pornography, sexually explicit content, or campaigns promoting or supporting terrorism, violence or extremism.

Privacy

By accessing Sure Programs, you consent to Sure’s Privacy Policy. The terms of the Privacy Policy are incorporated herein.

Website Monitoring

You acknowledge and agree that Sure has the right to monitor Sure Programs electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, to operate the Website, or to protect itself or its customers.

Access to Data

To enable Sure to provide Sure Programs, you hereby grant Sure a limited, non-transferable (except as otherwise stated herein), non-sublicensable license to use, extract, reformat, manipulate, analyze, summarize, and otherwise derive information from the data provided by you as necessary to provide Sure Programs and Sure’s other related products, services, and technologies and to operate, maintain, develop and improve Sure’s services.

Disclaimer of Warranties

SURE PROGRAMS IS PROVIDED ON AN “AS-IS” BASIS AND SURE HEREBY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES TO YOU, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF SURE PROGRAMS. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, SURE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPREHENSIVENESS OR COMPLETENESS OF SURE PROGRAMS OR THAT IT WILL BE UNINTERRUPTED.

Limitation of Liability

IN NO EVENT WILL SURE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR SURE PROGRAMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF ANY MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATORY PROFITS, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, UNAUTHORIZED ACCESS, THEFT, STRIKES, OR ANY FORCE MAJEURE. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF SURE PROGRAMS.

Indemnification

You agree to indemnify, defend, and hold harmless Sure, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your violation of these Terms or your use of Sure Programs.

Equitable Relief

Your violation of these Terms may cause irreparable harm to Sure.  Sure has the right to seek injunctive relief or other equitable relief if you violate these Terms.

No Assignment by You

You may not assign your rights or obligations under these Terms to any other person or entity without the prior written consent of Sure, whether by operation of law or otherwise, and any attempt to do so shall be void.

Governing Law; Jurisdiction

All matters relating to these Terms and Sure Programs shall be governed by and construed under the laws of the State of Texas, without regard for the principles of conflicts of law of that State or any other state.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.  You agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

Changes

Sure reserves the right to make changes to the Terms at any time, with or without notice to you. The new Terms will take effect immediately upon posting and apply to your continued use of Sure Programs.  Sure may change or discontinue Sure Programs at any time for any reason.

Entire Agreement and Waiver

These Terms and any additional agreements contain the entire understanding between you and Sure and supersede any prior understandings or agreements, oral or written, relating to the subject matter of these Terms.  No waiver of any breach of these Terms shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.