Note: These are our standard terms of service. Individual agreements between Civic Review and Civic Review customers (cities, counties, etc) may override the terms outlined below. If you wish you see a copy of such terms, please contact your local government.
These Terms of Service govern your use of the Product. “We,” “us” and “our” mean Civic Review, Inc. and its affiliates. “You” and “your” mean the “Subscriber” and any individual that accesses and/or uses the Product as an official representative of the Subscriber. “Applicant” means any individual using the site to submit applications, renewals, and application fees to the Subscriber.
- Accounts. When you create an account, you must provide information that is accurate, complete, and current at all times. Your failure to do so constitutes a breach of these Terms and Conditions which may result in immediate termination of your license to use the Product. You are responsible for safeguarding the password that you use to access the Product and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You agree not to share your password with other individuals or entities. You acknowledge and agree that we are not responsible for third-party access to your accounts that results from theft or misappropriation of your accounts information and/or passwords. We have the right to refuse you service, access to or use of the Product, and any and all of our products, services, systems and websites, to terminate your accounts, to monitor your accounts and activities on the Product and any and all of our products, services, systems and websites, without notice, in our sole and absolute discretion.
- Application/Renewal Fees and Payments. You agree to be solely responsible for, and agree to timely specify and update, the amounts of any and all fees associated with each permit, license, or application for which you access and/or use the Product and our other products, services, systems and websites. You authorize and agree that we may conduct transactions and charges on your behalf. You are responsible for payment of all third-party payment processing fees.
- Website Links. The Product may contain links to third-party web sites or services that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- Termination. We may terminate or suspend access to the Product immediately, without prior notice or liability, if you breach the Subscription Agreement, including but not limited to these Terms and Conditions. All terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Product will immediately cease. If you wish to terminate your account, you may simply discontinue using the Product.
- Sensitive Application Information. Since you can define what data to request in your applications, you agree not to request any data that requires ACH compliance (for example, credit card numbers). Credit card information is handled securely using third-party services who adhere to ACH compliance. You agree to not collect or store any personally identifiable information from Applicants without their express permission (as given in the signature statement of your application forms). When an Applicant provides personal data to you using the Product, either during application, renewal, navigation, when using the Product in any way, making inquiries, requests or simulations through the website, the privacy policy shall apply to the Applicant. Since the privacy policy waives responsibility for the use of data collected via application forms, you will be responsible for providing your own privacy policy to the Applicant regarding the use of their data, as provided on your own website when linking to our Product.
- Applicant Data. “Applicant data” means any data, content, images, or other files submitted online via application forms. You will retain ownership of all applicant data and in the case of termination, have a right to export applicant data that belongs to your organization, as long as it is done prior to official termination (payment has lapsed). Subject to these Terms and Conditions, you grant us a royalty-free and non-exclusive license to use applicant data to communicate with applicants regarding application status, including status updates and events relevant to their records. You also grant us a royalty-free and non-exclusive license to use any applicant data that is publicly available for use in developing and implementing other integrated products that Subscriber would like to offer its Applicants. You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, we may be required to review certain content submitted to the Product to determine whether it is illegal or whether it violates these Terms and Conditions. We reserve the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions. However, you accept that we have no obligation to monitor or review any content submitted to the Product.
- Prohibited Uses. You agree refrain from engaging in any of the following: (a) without prior approval, you may not create frames around our app, with the sole exception of application forms; (b) access the Product by any means other than through interfaces we provide and as otherwise expressly authorized under these Terms and Conditions; (c) access, tamper with, or use non-public areas of the Product, our computer systems, or the technical delivery systems of our providers; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Product; (e) manipulate the appearance of any screens we provide through the use of injected scripts; (f) modify, translate, or create derivative works of our software products, including the Product; (g) sell, sublicense, distribute, display, store or transfer our products or any data in our products in bulk or in any way that could be used to replace or substitute for our products in whole or in part or as a component of any material offered for sale, license or distribution to third parties; and (h) use any means to discern the source code of our products.
- Links to the Product. In addition to you, the following organizations may link to the Product without prior written approval: government agencies, search engines and news organizations, including blogs.
- Limitations on Liability. YOU UNDERSTAND AND AGREE THAT THE WE ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE PRODUCT OR ITS CONTENT. We have no liability for any loss, damage or misappropriation of your data under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Product or the Agreement. Our entire liability for all claims arising out of or relating to this Agreement, and regardless of the basis of the claim, will not exceed an amount that is equal to fees you paid to us or were payable to us during the twelve months preceding the event giving rise to the liability.
- Indemnification. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your use of the Product or its content; (b) your violation of these Terms and Conditions; and/or (c) your violation of any law or your violation or infringement of any rights of another party.
We will defend, indemnify and hold you harmless against any claims asserting that the Product infringes any valid Intellectual Property of a third party, and will pay any and all damages finally awarded by a court and actually paid by you, or agreed to in a final settlement by Civic Review and attributable to such claim. Our obligations under this provision are subject to your not having compromised or settled such claim and doing the following: (a) notifying us of the claim in writing, as soon as you learn of it; (b) providing us with all reasonable assistance and information to enable us to perform our duties under this Section; and (c) allowing us sole control of the defense and all related settlement negotiations. Notwithstanding the foregoing, you may participate at your expense in the defense of any such claim with your own counsel, provided that we retain sole control of the claim. You have the right to approve any settlement that affirmatively places on you an obligation that has a material adverse effect on you other than the obligations to cease
No Warranty. We do not warrant that your use of the Product will be uninterrupted or error free. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRODUCT TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, OR NON INFRINGEMENT.
