1. General

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES AND LIMIT OUR LIABILITY TO YOU. THESE TERMS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. OUR TERMS CONTAIN PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE. You have accessed this page within or from the www.surus.io website or a related platform or mobile application (collectively, “Website”) owned and operated by Surus, Inc. or one of its subsidiaries, including, but not limited to, Surus Trust Company, LLC (collectively, “Surus”, “Company”, “we”, or “our”). The following Website Terms of Service (“Terms”) and our related Website Privacy Policy govern your use of the Website, including any platform or application made available for use.
If you are or become a Surus customer with access to pages that require you to login to access the products and services we offer (collectively, the “Services”), additional terms and conditions and certain disclosures will supplement these Terms. You may view these supplemental terms and conditions and disclosures on ourLegal Documents page available here.
Surus has the right, in its sole discretion, to enhance, change or discontinue all or part of the Services we provide through the Website at any time. We may update or change the Terms from time to time. When we make a change to the Terms, we will inform you by changing the date at the top of this page noting when the Terms were last updated.

2. Prohibited Use

Any commercial distribution, publishing or exploitation of the Website, or any content, software, code, data or materials on the Website, is strictly prohibited unless you have received express prior written permission from Surus. Other than as provided herein, you may not use the Website or the materials provide via the Website for your own purposes. If you make other use of the Website you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. 

3. Trademarks, Logos, Service Marks and Trade Names

The trademarks, logos, service marks and trade names displayed on the Website are registered and unregistered Trademarks of Company (collectively the “Trademarks”), and in some cases others, and may not be used unless authorized in writing by the owners of these rights. This Website does not by implication, estoppel, or otherwise, grant any license or right to use any Trademark displayed on the Website. Your misuse of the Trademarks is strictly prohibited. Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including through criminal prosecution. All other trademarks and service marks not owned by Company that appear on the Website are the property of their respective owners. 

4. Third Party Websites

You may be able to link from the Website to third party websites and third-party websites may link (“Linked Websites”) to the Website. You agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Websites. Links do not constitute an endorsement or sponsorship by us of such Linked Websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.

5. Confidentiality of Internet Not Guaranteed

Although we try to protect information you send us, we cannot guarantee that information sent over the Internet is completely confidential. There are certain aspects of Internet usage, your computer and your links to the Internet we cannot control. Therefore, transmission of information to us on the Internet must be undertaken at your own risk.

6. Disclaimer of Warranties 

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE. IN ADDITION, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY APPLICATION INSTRUCTION) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

7. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE WEBSITE OR THE SERVICES, INCLUDING ANY DAMAGES ARISING OUT OF ANY DENIAL BY COMPANY OF ANY APPLICATION SUBMITTED BY YOU OR ANY REFUSAL TO PERMIT ACCOUNT SETUP AND ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.CERTAIN STATE LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify and hold Surus and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless, from any and all claims, liabilities, costs, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the Services thereon, your placement or transmission of any message, content, information, software or other materials through the Website, or your fraudulent or deceptive acts or omissions, or breach or violation of law (including infringement of any intellectual property or other right of any person or entity) or of the Terms. Surus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

9. Product and Service Offerings

The Website may provide general information about Surus and the Services we offer. Information on the Website does not constitute an offer to sell or a solicitation of any particular Services. Your eligibility for particular Services is subject to final determination, restrictions and acceptance by Company.Surus may discontinue or make changes to the information, products, licenses, or services, described herein at any time. Any dated information is published as of its publication date only. Company does not undertake any obligation or responsibility to update or amend any such information. Surus reserves the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products or services through the Website, no solicitation is made by Surus to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.Surus may restrict, suspend or terminate your use of or access to the Website and/or our Services for any reason without notice or liability.

10. No Use of Website by Minors

The Website, and the Services described on the website, are intended for use by individuals who are at least 18 years old. By using our Services or visiting the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. We do not knowingly collect personal information from children under the age of 18. If we become aware that we have inadvertently obtained personal information from a person under the age of 18, we will delete it in accordance with applicable law.

11. Users Outside the United States

The Website is hosted in the United States. If you are accessing this Website from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Website or our Services, you may transfer certain personal information to the United States. To the extent permitted by applicable law, your use of the Website or our Services shall constitute your consent to the transfer of personal information to the United States and the applicability of United States law. Please review our Privacy Policy [add link] for more information on our privacy practices.
PLEASE READ THIS SECTION 12 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12. Dispute Resolution; Arbitration; Class Action Waiver

This Dispute Resolution, Arbitration, and Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any dispute, claim, controversy or cause of action, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory that may arise between you and Surus (collectively, a “dispute”). In this Provision, “dispute” is given the broadest meaning enforceable by law and includes any claims relating to these Terms or your use of any of our Services.This Provision provides that all disputes between us will be resolved by binding arbitration. Acceptance of these Terms constitutes a waiver of your right to litigation and all opportunity to be heard by a judge or a jury. To be clear, there is no judge or jury in arbitration and judicial review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief (including attorney’s fees) that a court is permitted to award. You may, however, opt-out of the arbitration requirements of this Provision in which case you would have the right or the opportunity to bring claims in court, before a judge or a jury.Exclusions from Arbitration/Right to Opt OutNotwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; (b) the claims arise from or relate to theft, piracy or unauthorized use of intellectual property, in which case such claims may be brought in state or federal court or in the U.S. Patent and Trademark Office to protect a parties intellectual property rights; or (c) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF THE DATE THAT YOU FIRST VERIFIABLY ACCESS THE WEBSITE OR USE THE SERVICES (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing the following information to support@surus.io: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this arbitration will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.Pre-Arbitration Claim ResolutionFor all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is done by emailing the following information to support@surus.io: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described above.Arbitration ProceduresIf this Provision applies and the dispute is not resolved as provided above, either you or we may initiate arbitration proceedings administered by JAMS in accordance with its Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and its Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. Notwithstanding the foregoing, where twenty-five (25) or more similar demands for arbitration are filed against Surus by individual claimants represented by either the same law firm or law firms acting in coordination, JAMS Mass Arbitration Procedures and Guidelines shall apply. All issues shall be for the arbitrator to decide, including the scope of this Provision. You may initiate an arbitration by visiting the JAMS website at www.jamsadr.com. The arbitration will be initiated in North Carolina unless the parties agree in advance to another location or an arbitration using remote means. You and Surus further agree to submit to the personal jurisdiction of any federal or state court in Buncombe County, North Carolina in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.The Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply North Carolina substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law.You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Surus will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.Class Action WaiverWHERE PERMITTED UNDER APPLICABLE LAW, YOU AND SURUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless both you and we specifically agree to do so in writing following initiation of the arbitration. 

13. Governing Law and Forum Selection

These Terms and the relationship between you and us shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. In any circumstances where the Arbitration Provision in Section 12 permits the parties to litigate in court, you agree that the exclusive jurisdiction for such claim or dispute or any cause of action between you and Surus shall be the federal or state courts located in Buncombe County, North Carolina. 

14. Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms by Surus must be made in writing and signed by an authorized representative specifically referencing the Terms and the provision to be waived. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Headings used in the Terms are for convenience only and are not to be relied upon or used to construe any provision of the Terms. All rights not expressly granted herein are hereby reserved. The Terms will inure to the benefit of, and are intended to be enforceable by, Company’s successors, assigns and licensees. 

15. Entire Agreement

These Terms (together with our Privacy Policy and any other legal documents, policies, terms, or agreements that you have entered into with us to supplement these Terms) comprise the entire agreement between you and Surus relating to your use of the Website and our Services, and supersede all prior agreements and negotiations, whether oral or written. These Terms supersede any previous terms of service relating to use of this Website to which you and Surus may have been bound. 

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect.

17. Further Inquiries

You may direct questions about these Terms, or other issues, to us by emailing us at to support@surus.io.