Terms of Service
When you use our Services, you agree to all of the terms herein. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. You agree that by registering, logging into, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Sure Market LLC (“Sure Market”, “Surefront”, “we” or “us”), even if you are using our Services on behalf of a company, such as your employer. If you do not agree to this contract (“Terms” or “Contract”), do not register and do not access or otherwise use any of our Services.
Services
This Contract applies to www.surefront.com, Sure Market or Surefront-branded apps, and other Sure Market-related sites, apps, communications and other services that state that they are offered under this Contract, and websites that link to these Terms (“Services”), including the offsite collection of data for those Services. This Contract applies to both registered users of our Services and unregistered users of our Services. Please note that we offer many services. Your use of Sure Market products or services are provided by Sure Market pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use or log into those Services.
A. Your Accounts
You may be required to create an account and specify a password in order to use certain features of the Services. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Do not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services. Moreover, your administrator may be able to access or disable your account without our involvement. You may not share your account with anyone else. Please keep your password confidential, and do not use it on other websites. You are solely responsible for maintaining the confidentiality of your password. You agree to notify Sure Market immediately of any unauthorized use or any other breach of security involving your username and password or account. Sure Market will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account.
B. Modifications and Termination
We reserve the right to modify our Services at any time, with or without notice to you. For example, we may add or remove functionality or features, change pricing, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time.
C. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Services. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, and licensees an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we would not be able to offer our Services. Please note that this license continues even if you stop using our Services. You agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. If you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
D. Content Posted by Others
We are not responsible for, and do not endorse, Content posted on the Services by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
E. Your Use of the Services
You may not use the Services in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately or violated the Terms, we reserve the right to take down Content, terminate your account, prohibit you from using the Services, and take appropriate legal actions. Using our Services does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law. When you use our Services or send communications to us through our Services, you are communicating with us electronically. You consent to receive any communications related to your use of our Services electronically. We may communicate with you by email, phone, physical mail, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address, mobile phone number, or the postal mail address mail you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
F. Intellectual Property
If you believe any Content on the Services infringes on your copyrights, you may request removal of the Content from the Services (or disabling access to that Content) by emailing support@surefront.com.
G. Third-Party Sites
The Services may include features that operate in conjunction with certain third-party websites that you visit. Your access and use of third-party websites and the services provided through the Services is governed by the terms of service and other agreements posted on these websites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
H. Our Warranties and Disclaimers
TO THE EXTENT ALLOWED UNDER LAW, SURE MARKET AND ITS AFFILIATES (AND THOSE THAT SURE MARKET WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
I. Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS SURE MARKET HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), SURE MARKET AND ITS AFFILIATES (AND THOSE THAT SURE MARKET WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF SURE MARKET AND ITS AFFILIATES (AND THOSE THAT SURE MARKET WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SURE MARKET AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SURE MARKET OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
J. Additional Terms
We may modify these Terms at any time, so please review them regularly. By your continued use of any of our Services after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, do not use or log in to the Services. The Services may contain links to third-party websites. That does not mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Services may contain ads from third-parties. We do not control or endorse any products being advertised. If you do not comply with these Terms, and we do not take any immediate action, this does not mean we approve your lack of compliance or that we are waiving any rights we have. We expressly reserve such rights, including taking future action. These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws or rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and/or your use of the Services resides in the courts located in Los Angeles, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision. Sure Market accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information (the “Disclosure Requests”) from the person who provided their personal information.
Contact Us
If you have any questions about these Terms of Use, please contact us at: support@surefront.com.
Sure Market LLC
support@surefront.com
Last updated: January 29, 2020