TERMS OF SERVICE
Acceptance Of Terms
SWBC provides the Sure-Track Online service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.sure-track.com and clicking the TERMS OF SERVICE link.
Please read the following terms of service relating to your use of this site carefully. By using this site, you are deemed to have agreed to these terms and conditions of use. In addition, when using particular Sure-Track Online services, you and Sure-Track Online shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. By using this site after we post any changes to these TOS, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these TOS, please do not use this site. All such guidelines or rules are hereby incorporated by reference into the TOS. Sure-Track Online also may offer other services from time to time.
Please note that these TOS apply to your use of all of the sites and services owned or operated by Sure-Track Online. These TOS do not apply to your use of unaffiliated sites to which any of the Sure-Track Online site is link to.
Description Of Service
Sure-Track Online provides users with access to insurance tracking information specific to a lending institutions collateralized loan portfolio. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Sure-Track Online properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Sure-Track Online assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
The Sure-Track Online website uses a temporary "cookie" to your account information for the duration of your visit to the Sure-Track Online website. Cookies are a widely accepted method of sending small amounts of information to the users computer. The cookie is deleted from the users computer when 1) the user logs out, 2) the user stops requesting information from the Sure-Track Online servers for more than 15 minutes, or 3) the user closes his or her browser. The cookie placed on your hard drive can only be used by the Sure-Track Online website and will not disclose information about you or your computer to any other website. Cookies cannot be executed as code or deliver viruses. In order to access our secure site, you must allow the temporary cookie.
Industry standard SSL (Secure Socket Layer) encryption is utilized throughout the Sure-Track Online website. Our SSL connection is based on a 128-bit encryption key. This "strong encryption" will ensure that all data transmission remain secure.
You understand that all information and content (data, text, images or other materials), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sure-Track Online, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Sure-Track Online does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Sure-Track Online be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Sure-Track Online official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential
- information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Sure-Track Online does not pre-screen Content, but that Sure-Track Online and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Sure-Track Online and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sure-Track Online or submitted to Sure-Track Online, and in all other parts of the Service.
You acknowledge and agree that Sure-Track Online may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sure-Track Online, its users and the public.
You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold Sure-Track Online, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use
You acknowledge that Sure-Track Online may establish general practices and limits concerning use of the Service. You further acknowledge that Sure-Track Online reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications To Service
Sure-Track Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sure-Track Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sure-Track has no control over such sites and resources, you acknowledge and agree that Sure-Track Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sure-Track Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
We welcome your comments about any of the Sure-Track Online sites. However, unless a site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials.
If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission world wide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
If you are submitting something to a site that has set up a submissions policy, please consult that site for its specific requirements.
Sure-Track Online's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Sure-Track Online or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Sure-Track Online grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Sure-Track Online for use in accessing the Service.
Disclaimers And Limitations Of Liabilities
You expressly understand and agree that:
This site is provided on an "as is" and "as available" basis; Sure-Track Online expressly disclaims all warranties of any kind, whether express or implied including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Advice provided through the sure-track site is provided for informational purpose only and should not be relied upon for any decisions. you should consult an appropriate professional for specific advice tailored to your situation.
Sure-Track Online does not represent or warrant that:
The site or services will meet your expectations;
The site or services will be uninterrupted, timely, secure, or error-free;
Any results or content that may be obtained from the use of the site or products will be accurate, timely, complete or reliable; and
Any errors on the site will be corrected.
D) Sure-Track is not responsible and will have no liability for:
Hardware, software, other items or any services provided by any persons or entities other than sure-track; or
The failures of the internet or any data or telecommunications equipment, system or network used in connection with the site.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained from sure-track shall create any warranty not expressly stated in the tos.
To the maximum extent permitted by law, Sure-Track will not be liable under any contract, negligence, strict liability or other legal or equitable theory for:
Any special, incidental, direct, indirect, consequential, exemplary damages or any damages whatsoever arising out of or in connection with the site or services, even if Sure-Track has been advised of such damages or the possibility of such damages; or
Personal injury, including, without limitation, death, caused by your use or misuse of the site or services.
Notices to you may be made via either email or regular mail, provided you have submitted relevant personal information to Sure-Track Online. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service.
The contents of this site are protected by copyright and trademark laws, and are the property of Sure-Track Online and any other owners. Unless we say otherwise, you may access the materials located within the Sure-Track Online sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sure-Track Online sites. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Sure-Track Online sites. To seek our permission, you may write to firstname.lastname@example.org. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained in any of the Sure-Track Online sites.
Sure-Track Online respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Sure-Track Onlinek at:
- By Mail:
- 9020 SW Washington Square Rd,
- Suite 220,
- Tigard, Oregon 97223
- By Phone:
- By Email:
The TOS constitute the entire agreement between you and Sure-Track Online and govern your use of the Service, superseding any prior agreements between you and Sure-Track Online. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Sure-Track Online shall be governed by the laws of The United States Of America without regard to its conflict of law provisions. You and Sure-Track Online agree to submit to the personal and exclusive jurisdiction of the courts located within the United States of America. The failure of Sure-Track Online to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
These terms will be governed by and construed in accordance with the laws of the United States Of America. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining TOS, and will not affect the validity and enforceability of the remaining provisions.
We control and operate this site from our offices in the United States Of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to email@example.com.
Please report any violations of the TOS to firstname.lastname@example.org.