The Merchants Bonding Company Hub Terms of Use

Last Updated: August 29, 2023

This System is for authorized use only. The System use may be monitored, recorded, read, captured, or subject to audit in any manner by authorized personnel. Accessing and using this System constitutes consent to having System use monitored and recorded.

Unauthorized use is prohibited and subject to not only revocation of access but also criminal and/or civil penalties due to violation of Federal and/or State laws. If criminal activity is discovered, the information will be provided to the appropriate law enforcement officials. Suspected access or use violations should be reported to the Support Team at support@merchantsbonding.com.

1.   Agreement

This Merchants Bonding Company Terms of Use (“Agreement”) constitutes an agreement between Merchants Bonding Company (Mutual), Merchants National Bonding, Inc., including our affiliated entities, and users of the Merchants Bonding Company Hub System (“You” or “Company”), and governs Your use of the Merchants Bonding Company Hub System (herein referred to as the “System”, as further defined in Section 2). You must obtain a username and password and establish an account (“Your Account” or “Account”) in order to access the System. You are responsible for all access to and use of the System under Your username and password.

This Agreement is entered into between Merchants Bonding Company and You for the sole purpose of granting You limited access to the System, as further described herein, to enable You on the System to access certain Merchants Bonding Company services (the “Services”). You acknowledge and agree that the Services available on the System may change from time to time, in Merchants Bonding Company’s sole discretion. It is expressly understood and agreed that nothing in this Agreement shall permit You to use the System to advertise, solicit, broker, or sell bonds or any other product, or to use this System for any other purpose or in any manner inconsistent with this Agreement.

2.   Definitions

In addition to any terms defined above, these terms have the following meanings when used in this Agreement:

The term “Company Data” means (i) the information submitted by a Company or Authorized Individual to use the Services and (ii) data that Merchants Bonding Company has regarding the Company or Authorized Individual.

The term “Licensor” as used in this Agreement means a third-party service provider who has granted Merchants Bonding Company a license to software applications, materials, content or services used in the System.

The term “Entity” means an individual or company obtaining an insurance and/or bond product through Company.

The terms “Company,” “Authorized Individual,” “You” and “Your” mean you as an individual as well as any corporate or other legal entity on whose behalf you are acting.

The term “User Account”, “Your Account” or “Account” means an account held by a Company or Authorized Individual in the System which enables You to conduct the on-system activities contemplated by this Agreement.

The term “System” as used in this Agreement means access to the platform for access to the Company and/or Authorized Individuals dashboard, issuance of insurance products and/or bonds and any and all examination programs, complaint programs, software applications, materials, content or services accessible thereon as provided by Merchants Bonding Company (Mutual), affiliates of Merchants Bonding Company (Mutual) or other third parties.

3.   General

(A) This Agreement governs the qualifications to obtain an Account and Your use of that Account or the use of that Account by others acting on Your behalf. Your use of the System is conditioned upon Your acceptance, without modification, of all provisions of this Agreement. If You are acting as an agent or employee of another entity, You may only agree to this Agreement and establish an account if You have the legal power and authority to bind Your principal or employer, as the case may be. Any information accessed, requested or provided through the System must be accessed, requested and used in accordance with this Agreement. Merchants Bonding Company reserves any rights not expressly granted under this Agreement. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AND FULLY NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT CLICK “I AGREE” AND DO NOT USE THE SYSTEM.

(B) Your Account, including Your unique username and password, is not transferable to any person or entity, as the case may be. You are responsible for all use of Your Account (under Your unique username and password) and for ensuring that all use of Your Account complies fully with this Agreement. The Company Data you provide to the System and provided to You through the System may be used only for Your own professional use and in accordance with this Agreement, and only for the purpose of using the Services as part of your business.

(C) Merchants Bonding Company will determine in its sole discretion the information required to support a request for an Account or for renewal of the Account and will determine in its sole discretion whether or not to approve Your request. At a minimum, You will be required to provide: certain corporate and/or identifying information and such other information Merchants Bonding Company determines necessary in order to approve your Account request. If at any time, Merchants Bonding Company determines that you no longer meet the qualifications for an approved Account, Your Account will be terminated by Merchants Bonding Company and this Agreement will terminate by operation of Section 11 of this Agreement.

(D) So long as You obtain and maintain an approved Account and so long as You comply with all of the terms and conditions of this Agreement, Merchants Bonding Company grants to You a non-exclusive license to access and use the System for the purposes described herein.

(E) It is Your responsibility to manage Your Account and to ensure that all information necessary to obtain and to maintain the Account is kept current and accurate, and that all deadlines are met. It is Your responsibility to know and follow the policies and applicable laws of each state in which You choose to offer bonds and/or insurance products. Merchants Bonding Company will not be responsible for the accuracy or content of any information You submit, whether or not the System facilitates the transmission of such information. Merchants Bonding Company is not obligated to release to You or any other party any information in the System except if legally required to do so.

(F) You expressly acknowledge and agree that: (1) Merchants Bonding Company is providing a Service for You; (2) Merchants Bonding Company’s role in the collection and maintenance of information through the System does not mean that Merchants Bonding Company is Your agent; (3) Merchants Bonding Company does not have any responsibility for such information or any use thereof by You or the Entities other than as expressly set out in this Agreement; (4) Merchants Bonding Company is not liable for any decision by a third-party  to conduct business or not conduct business with You; and (5) Merchants Bonding Company is not liable for any representations made by You to an Entity.

(G) The System is operated within the United States of America. Merchants Bonding Company makes no representation that the System is appropriate for use at locations outside the United States. Access to the System from jurisdictions where the System is illegal is prohibited. If You access the System from a location outside the United States, You are responsible for compliance with all local and international laws.

(H) You are responsible for protecting the confidentiality of login credentials (including without limitation usernames and passwords). Each individual accessing the System must do so with unique login credentials that can be used only by that individual. You agree to notify Merchants Bonding Company immediately if You become aware of the loss, theft or unauthorized use of Your username or password, or any unauthorized access to or use of the System or any information submitted to, contained in or downloaded from the System, or provided to You by Merchants Bonding Company.

4.   Company Data

(A) For purposes of this Agreement, Company Data that You submit or release to Merchants Bonding Company to request or maintain an account will be considered to be information submitted under Your control. Once You submit Company Data to Merchants Bonding Company, ownership of Your Company Data belongs to Merchants Bonding Company.

After expiration or termination of your Account for any reason, Merchants Bonding Company will continue to have access to Your Company Data. Merchants Bonding Company may continue to use Company Data after termination.

(B) Merchants Bonding Company will retain Your Company Data in the System for a period defined by Merchants Bonding Company’s internal policies and consistent with laws applicable to Merchants Bonding Company. You acknowledge and agree that You may have different retention requirements under the laws of the states that you are regulated in and that You bear sole responsibility for these requirements.

(C) You acknowledge and agree that the data you provide through the System may be accessed by Merchants Bonding Company.

(D)  Merchants Bonding Company has no obligation with respect to any third party’s use of data accessed through the System. Merchants Bonding Company may disclose Your Company Data in response to a request by law enforcement, reinsurers, or by a legally sanctioned investigatory authority or otherwise through legal process or under law or at Your request.

5.   Changes

(A) Merchants Bonding Company reserves the right to change this Agreement and other guidelines or rules posted on the System (including the Privacy Notice) from time to time at its sole discretion. Merchants Bonding Company will provide You notification of material changes to this Agreement on the Merchants Bonding Company Hub (“the Hub” website). The most current form of these terms will be available on the Merchants Bonding Company Hub (“the Hub” website) login page. Your access and/or use of the System constitutes Your acknowledgement and acceptance of the terms of this Agreement as they may exist at the time of such access and/or use. You should periodically check the Merchants Bonding Company terms of use on the login page to view the then-current terms.

(B)  Merchants Bonding Company has the right at any time without notice or obligation to You to change or discontinue any aspect or feature of the System, including, but not limited to, functionality, content, hours of availability, and equipment needed for access or use.

(C) This Agreement may only be altered or amended in writing by Merchants Bonding Company. Merchants Bonding Company may alter or amend this Agreement at any time, and your continued use of the System represents acknowledgement of, and agreement to, the terms of such amendment or modification.

6.   Equipment

You are responsible for obtaining and maintaining all equipment required for access to and use of the System and all charges and costs related thereto.

7.   Your Conduct

(A) You may use the System for lawful purposes only. You may not post or transmit through the System any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, or give rise to civil liability to Merchants Bonding Company. You may not use the System to violate any law. Any conduct by You that, in Merchants Bonding Company’s sole determination, restricts or inhibits any other person from using or enjoying the System will not be permitted. Unless otherwise specifically set forth herein, You may not use the System, or the content contained therein or obtained therefrom, to advertise or perform any commercial solicitation except where expressly permitted. You agree that You will not use content of any kind retrieved from the System to develop or create a database to be sold, leased, furnished, licensed or made otherwise available (either commercially or free of charge). You agree that You will not use, or allow others to use, any data mining, bots, artificial intelligence, or similar data- gathering and extraction methods to monitor or copy the System in bulk, or to make voluminous, excessive or repetitive requests for information. You further agree that You will not use any device, software or routine to bypass any software or hardware that prohibits volume requests for information, You will not interfere with or attempt to interfere with the proper working of the System, and You will not take any action that imposes an unreasonable or disproportionately large load on the System.

(B) The System contains copyrighted material, trademarks and other proprietary information. Merchants Bonding Company owns all copyright in the selection, coordination, arrangement and enhancement of such information and data, as well as in some or all of the content original to it. The System contains links to and accesses proprietary databases of Merchants Bonding Company and third parties and employs proprietary software of Merchants Bonding Company and third parties. The System, and all parts thereof, are created by or on behalf of Merchants Bonding Company. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the software applications, materials or services hosted on or obtained from the System, in whole or in part. You may download content from the System for Your professional use only and only to the extent permitted by this Agreement. Any information or content You download from the System or receive from Merchants Bonding Company must be protected using the appropriate security measures and may not be retained longer than necessary to achieve the purposes outlined herein. Except as otherwise expressly permitted by law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Merchants Bonding Company and, if applicable, the owner of any proprietary rights in such material. In the event of any permitted copying, redistribution or publication of content obtained from the System, no changes in or deletion of author attribution, trademark legend or copyright notice may be made. You acknowledge that You do not acquire any ownership rights by downloading material from the System.

(C) You may not upload, post or otherwise make available on the System any confidential material protected without the express written permission of the owner and the burden of determining that any material is not protected by law rests with You. You will be solely liable for any damage resulting from such a submission.

(D) The foregoing provisions of Section 7 are for the benefit of Merchants Bonding Company, its affiliates and its Licensors, and each will have the right to assert and enforce such provisions directly or on its own behalf.

8.   Disclaimer of Warranty; Limitation of Liability

(A) USE OF THE SYSTEM IS AT YOUR SOLE RISK. MERCHANTS BONDING COMPANY, ITS AFFILIATES, AND LICENSORS PARTICIPATING IN THE SYSTEM AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS MAKE NO WARRANTY (i) THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SYSTEM OR (iii) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SYSTEM.

(B) THE SYSTEM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY VIRTUE OF THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MERCHANTS BONDING COMPANY WILL, AT ITS OWN DISCRETION, TAKE APPROPRIATE ACTIONS AGAINST ANY COMPANY OR AUTHORIZED INDIVIDUAL UPON BECOMING AWARE OF ILLEGAL CONDUCT.

(D) IN NO EVENT WILL MERCHANTS BONDING COMPANY, ITS AFFILIATES, AND LICENSORS PARTICIPATING IN THE SYSTEM AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SYSTEM OR SOFTWARE UNDERLYING THE SYSTEM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT ON, AND SERVICES PROVIDED THROUGH THE SYSTEM.

IN ADDITION TO THE TERMS SET FORTH ABOVE, MERCHANTS BONDING COMPANY, ITS AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SYSTEM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY OR FOR ANY DISCIPLINARY OR REGULATORY ACTION TAKEN THEREUPON. MERCHANTS BONDING COMPANY, ITS AFFILIATES, AND LICENSORS PARTICIPATING IN THE SYSTEM AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. MERCHANTS BONDING COMPANY, ITS AFFILIATES, AND LICENSORS PARTICIPATING IN THE SYSTEM AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE THROUGH THE SYSTEM.

(E) The foregoing provisions of Section 8 are for the benefit of Merchants Bonding Company, its affiliates and its Licensors participating in the System, and each will have the right to assert and enforce such provisions directly or on its own behalf.

9.   Monitoring

Merchants Bonding Company has the right, but not the obligation, to monitor the content of the System, to determine compliance with this Agreement and any other rules established by Merchants Bonding Company and to satisfy any law, statutes, regulation rules, guidelines or authorized government request. Merchants Bonding Company has the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the System. Without limiting the foregoing, Merchants Bonding Company has the right to remove any material and suspend access if, in its sole discretion, Merchants Bonding Company finds You are using the System in violation of this Agreement.

10.   Indemnification

You agree to defend, indemnify and hold harmless Merchants Bonding Company, its affiliates, and Licensors participating in the System and their respective directors, officers, employees and agents from and against all claims, fees, costs and expenses, including attorneys’ fees, arising out of or in connection with Your Account or Your use of the System.

11.   Termination

Merchants Bonding Company has the right to immediately terminate Your Account in the event You fail to meet or maintain the required qualifications for an approved Account, for any conduct by You which Merchants Bonding Company, in its sole determination, considers to be unacceptable, or in the event of any breach by You of this Agreement. The provisions of Sections 3, 4, 7, 8, 10, 14 and this Section 11 will survive such termination. If You breach any of the terms of this Agreement or fail to pay any fees required for the services provided under this Agreement, Merchants Bonding Company may disable Your Account, pursue collections actions, and/or terminate or temporarily suspend Your access to, participation in and use of the System and require You to immediately destroy any materials downloaded or printed from the System in violation of this Agreement.

12.   Trademarks

The Company name,  the Company logo,  the Company trademarks which include 

, all related names, logos, product and service names, designs, slogans, and related intellectual property rights on the System are trademarks of the Company or its affiliates or licensors. All rights reserved. All other names, logos, product and service names, designs, slogans, and related intellectual property on this System are the trademarks of their respective owners.

The System and its entire contents, features, and functionality are owned, controlled, or licensed by Company, and are protected by common law and statutory trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in this policy, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the site for any commercial or public purpose without our prior written consent. You may, however, view information available on the Website for your informational purposes. You may download from the System materials, except for software or source code, but only for your professional or internal business purposes. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the System.

13.   Third-Party Content

The System may contain links to websites operated by persons or entities other than Merchants Bonding Company. Such links to other websites, whether to a home page or some other page on a website, are provided for Your reference and convenience only. You agree not to hold Merchants Bonding Company, its affiliates, and Licensors participating in the System and their respective directors, officers, employees and agents responsible for the content or operation of such websites. A link from the System to another website does not imply or mean that Merchants Bonding Company endorses the content on that website or the operator or operations of that website. You are solely responsible for determining the extent to which You use any content at any other websites to which the System links.

14.   Data Privacy

You agree to be bound by Merchants Bonding Company’s Privacy Policy, which is incorporated into this agreement by this reference.

15.   Miscellaneous

(A)    (1) Unless specifically provided otherwise herein, all notices and communications to You from Merchants Bonding Company hereunder will be made by registered or certified mail, fax or e-mail, using the contact information provided by You, or at Your login page and will be deemed to have been duly given and made when sent to You or when You log into the System, as applicable.

(2)  All notices and communications to Merchants Bonding Company hereunder must be in writing and will be deemed to have been duly given and made when received if (i) served by personal delivery upon Merchants Bonding Company (Mutual), (ii) delivered by registered or certified mail, return receipt requested, to Merchants Bonding Company (Mutual), 6700 Westown Pkwy, West Des Moines, IA 50266-7754 (iii) sent by fax to 515-243-3854, Attention: Merchants Bonding Company or (iv) sent by e-mail to info@merchantsbonding.com, provided that receipt of the fax or e-mail notice or communication is promptly confirmed by telephone confirmation thereof.

(B) This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

(C) This Agreement will be construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws rules. The parties hereto agree that the jurisdiction for any claim brought under this Agreement will be the state or federal court having jurisdiction over Dallas County, Iowa. Disagreements, if any, which arise with respect to the terms of this Agreement and cannot be settled between the parties shall be submitted to two arbitrators, one selected by each party. If the two arbitrators cannot settle the disagreement, they shall select an umpire who is disinterested and who is experienced in business contracts. A decision, in writing, submitted by any two of the persons acting hereunder, shall be binding upon all parties to the Agreement. Cost, if any, of the arbitration shall be born equally by the parties.

(D) If such controversy or claim involves a claim for injunctive or other equitable relief, and suit or cross-claim for such relief is filed in a court of competent jurisdiction, the litigation shall be bifurcated to the extent feasible, to the end that all issues other than those required to be determined by the court shall be determined by arbitration.

(E) The parties hereto expressly waive any right to a jury trial.

(F) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(G) If any of these terms, or the application thereof to any individual, entity or circumstance, is deemed to any extent to be invalid or unenforceable, the remainder of these terms, or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, will not be affected thereby, and each term and provision of these terms will be valid and enforceable to the fullest extent permitted by law.

(H) Except as otherwise set forth in this Agreement, no third party will be entitled to enforce these terms against the respective parties as third-party beneficiaries thereof.

(I) The section headings used herein are for convenience only and are not be given any legal import.

(J) This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and permitted assigns. You may not assign any of its rights or delegate any of its obligations under this Agreement, other than to an affiliate, without the prior written consent of Merchants Bonding Company.