CivicPlus does not intend that the Services be used by anyone under 18 years old. By using the Services, you represent that you are over 18 years of age and that you are legally able to enter into this agreement. If we learn or have reason to suspect that a user is under 18 years old, we will promptly delete any personal information in that user’s account.
CONTINUATION OF SERVICES
CivicPlus agrees to continue providing you with the Services, and the license to use CP Connect, so long as you continue to make the applicable monthly payments and your account is kept current. If at any time you stop making such payments and your account becomes more than 30 days in arrears, CivicPlus reserves the right to discontinue your Services. CivicPlus will give you 10 days’ notice prior to discontinuing your Services due to non-payment.
INFORMATION ABOUT YOU PROVIDED TO CP CONNECT
INFORMATION YOU PROVIDE MAY BE SUBJECT TO PUBLIC DISCLOSURE UNDER GOVERNMENT OPEN RECORDS LAWS
A key feature of our Service is the ability to provide information to government agencies in a user-friendly manner. However, information collected by government agencies is often subject to disclosure based on laws related to public records, such as the California Public Records Act. We have no control over these laws, and the information you provide to us that is then sent to a government agency may be subject to public disclosure. As such, you represent that you understand that the information provided to CP Connect that is submitted to government agencies may be subject to public disclosure. We assume no responsibility, and you release us from any responsibility, for any disclosure of your information based on government open records laws, and any and all consequences that result from such disclosure.
OUR APPROACH TO CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
We value your intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s account who is found to have infringed on the intellectual property rights of users, CP Connect, or third parties, or who violated any laws related to intellectual property. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identiﬁcation of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notiﬁcation, a representative list of such works; (c) identiﬁcation of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufﬁcient to permit us to locate the material; (d) information reasonably sufﬁcient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notiﬁcation is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notiﬁcation to be effective, you must provide it to CP Connect’s designated agent at:
302 S. 4th Street, STE 500, Manhattan, KS 66502
RESPECT FOR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
Although you are free to provide information as part of our Services, you agree to respect the intellectual property rights of others. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third-party rights caused by any information that is generated from your account.
THIRD PARTY SITES AND SERVICES ARE BEYOND OUR CONTROL
Our Services may be integrated with services provided by third-parties as part of the functionality of the Services. But we have no control over third parties. Thus, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
LET US KNOW IF YOU WANT TO TERMINATE YOUR ACCOUNT
At any time, you may terminate your account by sending us an email at CPConnect@civicplus.help, or by calling us at 888.228.2233. When you contact us to terminate your account, we will remove all of your data from our servers within a reasonable amount of time, unless we are required to retain your information by law, contract or as required by government agencies, please see how your local and state laws apply to you.
OUR ABILITY TO TERMINATE YOUR ACCOUNT
YOUR RIGHTS TO YOUR DATA
If we terminate your account, at your request, we will provide you with your data in an electronic format at such email address that we have on ﬁle for you.
USERNAMES AND PASSWORDS FOR CP CONNECT ACCOUNTS
As part of our Services, you will be required to create a CP Connect account with a username and password that will provide you access to your account. You are solely responsible for keeping your password safe from disclosure to third parties. You may not use anyone else’s account, including their username or password. If you become aware of any unauthorized use of your account, username, or password, you must promptly notify us of such use. You agree that we will not be liable for any loss that you incur if someone else uses your account, username, or password, either with or without your knowledge.
PERMISSIBLE USE OF THE SERVICES
CP Connect imposes certain restrictions on your permissible use of our Services because we want to ensure the proper functionality of the Services for all of our users. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “ﬂooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services.
You shall not make inappropriate content available on the Services, including, but not limited to: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post this type of inappropriate content, we may remove such content from our servers, and if warranted, terminate your account.
The software in CP Connect’s Services, including all ﬁles and images contained in the Services, and accompanying data (“Software”) are the property of CivicPlus, Inc. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use the Software for use permitted under these Terms. The Software license granted herein is personal to you, and may not be sold, transferred, assigned, redistributed, or reproduced by you. You may not share individual login credentials for the Services, and you will ensure that each user has separate login credentials. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without our permission. This section does not apply to any component of Software that may be offered under an open source license.
DISCLAIMER OF WARRANTIES“AS IS” CIVICPLUS IS MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIVICPLUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CP CONNECT SOFTWARE AND APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION. CIVICPLUS DOES NOT WARRANT THAT OPERATION OF THE CP CONNECT SOFTWARE AND APPLICATION WILL BE UNINTERRUPTED OR ERROR- FREE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIVICPLUS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF CP CONNECT AND/OR THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
In the event that someone brings a claim against us related to your actions, content, or information on our Services, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
CivicPlus shall not be liable for any delay or failure to perform the Services if such delay or failure to perform is occasioned by any force majeure, including, but not limited to, severe weather, fire, casualties, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy or any other cause of similar nature beyond CivicPlus control.
These Terms shall be governed by the laws of the State of Kansas, without regard to conﬂict of law provisions.
In the unfortunate event that you have a dispute with us, you agree to resolve the dispute as follows: ﬁrst, we will attempt to resolve the dispute through informal resolution – contact us at CPConnect@civicplus.help. Second, if the dispute is not resolved through informal resolution within 15 days, you agree to attempt, in good faith, to resolve the dispute through mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. Third, if the dispute is not resolved through informal resolution and mediation, you agree to participate in binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Further, you agree that the costs associated with mediation and/or arbitration under this section shall be divided equally between you and CivicPlus.
SEVERABILITY AND WAIVER
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MODIFICATIONS TO THESE TERMS
As we improve our Services, we may add to, change, update, or modify these Terms. Any time that we plan on making a material change to these Terms, we will notify you at least 30 days prior to making the change by sending you an email. During the 30-day period, you may provide comments to us at CPConnect@civicplus.help. If you continue to use the Services after that 30-day period, you consent to the new Terms.
At any time, upon giving you 30 days’ prior written notice, CivicPlus may elect to formalize these Terms in an agreement with you. Upon receipt of notice, you will have 30 days to provide comments and negotiate the terms of such agreement. At the end of the 30 day notice period, in order to continue the Services and license to use CP Connect, you must sign such formal agreement.
HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
AUTHORITY TO ACKNOWLEDGE ACCEPTANCE
Each individual acknowledging acceptance of these Terms, by selecting “I accept” below, represents and warrants that he or she is duly authorized and had legal capacity to accept and acknowledge agreeance of the Terms on behalf of the office, entity, or agency using the Services, and that these Terms shall be valid and binding on such party