(Last Updated December 2024)

These Terms and Conditions govern your access to and use of the Bond Exchange’s (“BX”) website and any other associated websites and social media profiles, including any content, functionality, and services offered on such websites and profiles (“Websites”). “You” and “your” refer to any person who accesses or uses the Websites.

BY ACCESSING THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM ACCESSING THE WEBSITES.

These Terms and Conditions may be revised at any time by updating this notice and posting it on BX’s primary website. You are bound by any such revisions if you continue to use the Websites after such changes have been posted. If you purchase surety and/or fidelity bonds through BX, the terms and conditions specified in the associated applications, indemnity agreements and bond forms shall apply.

Website Usage

These Terms and Conditions provide you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Websites conditioned on your continued compliance with these Terms and Conditions. You are only permitted to use the Websites for their intended purposes and in a lawful manner (including compliance with all applicable local, state, national, and international laws and regulations). Unauthorized use of the Websites is strictly prohibited. You are prohibited from using the Websites in any manner that could damage or interfere with the Websites or BX’s servers or networks. Actual or attempted unauthorized use of the Websites may result in criminal and/or civil prosecution.

Using any means of systematic retrieval of data or content on the Websites, or any manual process or automated process in order to retrieve, index, scrape, data mine, or otherwise gather content of the Websites is strictly prohibited.

To the extent you submit information on the Websites, you represent and warrant that such information is true, current, and complete. If you are accessing the Websites on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions.

Intellectual Property

All trade names, trademarks, service marks and other material covered by intellectual property rights on the Websites are solely BX’s property and may not be utilized without BX’s express written permission. Materials on the Websites, or downloadable from the Websites, may not be copied, altered, distributed or displayed in any way without the express written permission of BX.

User Accounts

Certain areas of the Websites may only be accessed by authorized users who have an online account. Unauthorized access to or use of the Websites is strictly prohibited. To the extent you are an authorized user, you are prohibited from providing your username, password or other access information to other individuals so that they can access the Websites.

Monitoring Consent

BX may use cookies, web beacons and other related technology to capture and share information about you or your device with us or our service providers, and any information regarding how you interact with the Websites and BX online advertisements. We may retain information that includes actions taken by you while using the Websites for our commercial purposes. BX may share any such information with its third-party service providers. By accessing the Websites, you are consenting to the use of such monitoring measures and use and disclosure of such information. Your access to and use of the Websites constitutes your consent to the monitoring capabilities set forth herein and the disclosure and use of such information.

Disclaimer

BX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE WEBSITES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.

Limitation of Liability

To the fullest extent provided by law, BX shall not be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use the Websites. Exemptions of implied warranties may not be allowed in all jurisdictions. In such jurisdictions, BX’s liability is limited to the fullest extent permitted by applicable law.

Governing Law

Access and use of the Websites shall be governed by and construed in accordance with the laws of North Carolina without giving effect to any principles of conflicts of laws.