This Agreement constitutes a legal agreement between you ("you" or "User") and Xenocom Corp. d/b/a NationalBailBonds.com. This Agreement governs your use of our platform that facilitates communications between Users offered through our website located at www.nationalbailbonds.com as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile application(s) offered by us (the "Apps"). Our platform, Site and Apps are collectively referred to as the "Platform".
By using or registering with the NationalBailBonds.com Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the NationalBailBonds.com Platform.
By using the NationalBailBonds.com Platform, you represent and warrant that:
1. You are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts.
2. You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
• Your agreement that the NationalBailBonds.com Platform is provided "as is" and without warranty.
• Your agreement that the NationalBailBonds.com Platform is solely a communications platform providing a method for Service Providers to be contacted, that all Services are performed by third parties, and that NationalBailBonds.com has no liability for any Services or any acts or omissions of third parties.
1. The NationalBailBonds.com Platform is Solely a Venue for Communications.
a. The NationalBailBonds.com Platform is Solely a Venue for Communications. The NationalBailBonds.com Platform is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Services requested by the Requesters, which are to be completed by Licensed Professionals, are hereinafter referred to as "Services". NationalBailBonds.com does not itself provide Services. YOU ACKNOWLEDGE THAT NationalBailBonds.com DOES NOT PROVIDE BAIL BOND OR LEGAL SERVICES OR FUNCTION AS A SURETY COMPANY, LAWYER REFERRAL SERVICE OR LAW FIRM. THE SERVICES MAY BE USED BY YOU TO CONTACT BAIL BOND AND OTHER RELATED SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT NATIONALBAILBONDS.COM HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY THIRD-PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. The provision of all Services is up to the Professionals, which may be contacted through the use of the Platform.
b. License Checks. NationalBailBonds.com does not check the Validity of Professional Licenses. Each user should exercise caution and common sense to protect his or her personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE PLATFORM, YOU AGREE TO HOLD NationalBailBonds.com FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. NationalBailBonds.com IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
2. Term and Termination
This Agreement shall continue in full force and effect until such time as it is terminated by you or by us. Termination by NationalBailBonds.com. We may terminate this Agreement or terminate or suspend your right to use the NationalBailBonds.com Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the NationalBailBonds.com Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice.
3. Links to and Plug-Ins from Other Web Sites or Media.
4. Intellectual Property Rights.
The NationalBailBonds.com Platform, and the information, data, content, and materials, which it contains, are the property of Xenocom Corp. and/or its affiliates and licensors, excluding User-generated content, which NationalBailBonds.com has a right to use.
5. Modifications to the NationalBailBonds.com Platform.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the NationalBailBonds.com Platform or any content or information on the NationalBailBonds.com Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the NationalBailBonds.com Platform.
The term "Confidential Information" shall mean any and all of NationalBailBonds.com trade secrets, confidential and proprietary information and all other information and data that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of NationalBailBonds.com and agree that you will not use Confidential Information other than as necessary for you to make use of the NationalBailBonds.com Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify NationalBailBonds.com in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use.
7. Limitation on Liability.
USE OF NationalBailBonds.com IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER NationalBailBonds.com NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES OR ANY PRODUCTS, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE NationalBailBonds.com PLATFORM OR THIS AGREEMENT. ACCESS TO THE PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER NationalBailBonds.com NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE NationalBailBonds.com PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS).
NationalBailBonds.com SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF NationalBailBonds.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NationalBailBonds.com SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF NationalBailBonds.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Bail Bond Service Providers.
The Bail Bond service providers that are listed on this site are independent agents or agencies. NationalBailBonds.com and its parent company has no control or right of control and makes no warranties or representations as to the service provided by individual agencies. NationalBailBonds.com does not perform or provide bail bond services but simply provides a platform where Bail Bond Service Providers pay for referrals generated from the platform. The service providers in our network are not agents or employees of NationalBaiBonds.com.
Indemnitors and Defendants
All non-licensed bail bond professionals who are involved with and use our Web site must agree with the following terms:
1. We make professional introductions between you and one of our Bail Agent partners. Of course, this introduction involves sharing the contact information of each party with the other. When you submit information to NationalBailBonds.com for a bail bond request, you authorize us to use and provide this information to make a match. By providing this information to us, you consent to being contacted by us and by our partner bail bond professionals via phone, email, mail or other reasonable means.
2. For us to help you, we need you to provide information that is accurate and complete, especially your contact information so that our Bail Bond Agent partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.
3. You understand that while NationalBailBonds.com may refer bail bond professionals, we do not perform bail bond services. Any bail bond activities are performed by local Bail Bond Professionals that have been referred to you. We do not endorse, recommend or otherwise know the terms of any agreement between you and a bail bond professional.
4. You understand that for our services we may receive payment (a referral fee) that may be a percentage of the premium received by the bail bond professionals involved in the transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the bail bond professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
5. Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by the agreement that we may have with a bail bond professional.
6. You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by the new terms.
7. You may initiate or receive a call from a NationalBailBonds.com representative or one of our agent partners via tracked phone numbers. If you do so, NationalBailBonds.com may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.