Cash Bond Online (v10): Legal terms

Legal Terms

This Terms of Use and Privacy Policy (the “Policy”) is an agreement between you and CASH Bond Online, Inc. (“CBO”) and governs your use of the www.cashbondonline.com website and associated web pages (collectively, the “Site”). You agree to read this Policy carefully and agree to all of the terms contained, or referenced, herein before using the Site. By using the Site, you accept and acknowledge your agreement to the terms and conditions of the Policy set forth below. We reserve the right to modify these rules and terms of use from time to time, so we encourage you to review this web page periodically. All changes will be effective immediately when posted. We will provide notice of any significant change by posting a notice on our home page. Your continued use of the Site after any modification indicates your agreement to the new rules and terms of use.

Please note that special terms apply to some services or products offered on or through the Site, including, without limitation, CBO’s online cash bond payment and processing services. These terms may be posted on the Site in connection with the applicable products and services, and you are required to agree to such terms prior to CBO’s provision of any services to you, including without limitation, the processing of any cash bond. Any such terms are in addition to this Policy, and in the event of a conflict, prevail over this Policy.

The Site and all materials included therein are owned by or licensed to CBO and are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by CBO. CBO grants you a limited license to access and use the Site for the limited purpose of gathering information about CBO and using its products and services. You must abide by all copyright notices and restrictions contained on or attached to any content or portion of this Site. You may not download (other than page caching) the Site, or any portion of it, except with express written consent from us. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from this Site (including any forms, written materials, computer programs or other code) ("Site Materials"), unless we have specifically authorized you to do so in writing, and then only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Site Materials. Other than as set forth above, CBO retains all right, title and interest in and to the Site, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein.

Your license to access and use the Site does not include any resale or commercial use of the Site, the Site Materials or the Site’s contents; any collection and use of any product descriptions or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be visited or otherwise exploited for any commercial purpose other than your personal purposes without the express written consent of CBO. Any unauthorized use of this Site, its contents or the Site Materials terminates the permission or license granted by CBO.

TRADEMARKS

CASH BOND ONLINE and CBO (the “Trademarks”) are trademarks owned by CBO. You may not use the Trademarks or any other mark owned by or licensed to CBO in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service.

RULES OF CONDUCT

By using the Site, you represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Site any information or materials that (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, fraud, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.

LINKS, FRAMES, AND METATAGS

You may link to the home page of the Site as long as the link does not cast us in a false or misleading light, provided, that we reserve the ability at our sole discretion to revoke, for any reason, your right to link to the home page of the Site. You may not frame the content of the Site. You may not use metatags or any other "hidden text" that incorporates the Trademarks, our domain name or our name without our express written consent.

LINKS TO OTHER WEBSITES

CBO may, in its sole discretion, offer links to other websites of various service, product and information providers, including sites for companies associated with CBO. This Policy does not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites. Further, these websites are not maintained or written by CBO, and we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, CBO will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.

TRUTHFUL DISCLOSURE

Some services provided through the Site permit or require you to create an account or otherwise provide us with personal information to participate or to secure additional benefits. If you register with us or otherwise provide us with information, you agree to provide (and, if applicable, to maintain and update) true, accurate, current and complete information about yourself as prompted by us. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, for suspected fraud or unauthorized or illegal activity or for any other reason whatsoever.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE, THE SITE MATERIALS AND THE INFORMATION, CONTENTS, GRAPHICS, DOCUMENTS AND OTHER ELEMENTS INCLUDED HEREIN (COLLECTIVELY THE "CONTENTS") ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXENT PERMISSIBLE BY LAW, CBO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE SITE MATERIALS, THE SITE CONTENTS AND ANY LINKED SITE, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SITE MATERIALS, SITE CONTENTS AND ANY LINKED SITE. CBO DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CBO SHALL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT OR ANY ERRORS CONTAINED THEREIN.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CBO NOR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE IN ANY WAY OF THE CONTENTS OR THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

THE CONTENTS OR THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CBO MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE. IT IS POSSIBLE THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM CBO. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THE SITE. CBO MAY, IN ITS SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, CHANGES OR OTHER MODIFICATIONS TO THE SITE, THE SITE MATERIALS AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE FEATURE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT CBO SHALL BE UNDER NO OBLIGATION TO DO SO. CBO MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT WITHOUT NOTICE OR LIABILITY.

COMMUNICATIONS

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Site, you hereby grant to CBO a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against CBO for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold CBO, and all its officers, managers, members, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of or related to (i) the Communications as provided to CBO or (ii) any breach by you of the Policy or the representations, warranties and covenants contained herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. CBO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CBO.

GOVERNING LAW

This Policy will be governed by the laws of the State of Georgia applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia and Gwinnett County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

TERMINATION

We reserve the right to suspend the Site or your use of the Site or terminate this Policy at any time without notice for any reason, including, in the case of the Policy, for your violation of any of its provisions. The Disclaimer and Limitation of Liability, Communications, Indemnification, Governing Law and General sections of this Policy shall survive any such termination.

GENERAL

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto pertaining to your use of the Site, and any and all written (except to the extent your agreement with CBO with respect to any CBO product or service governs your use of the Site) or oral agreements heretofore existing between the parties hereto are expressly canceled.