Usage Agreement and Terms of Service

Usage Agreement and Terms of Service (“Terms”)

Last updated: August 17, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://app.civicreview.com website (the “Service”) operated by Blue Pine Media LLC DBA Civic Review (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Within this agreement, the terms “you”, “your”, “user”, and “client” refer to any individual that accesses and/or uses the site as an official representative of the client/municipality, excluding applicants, to conduct and receive applications and renewals online. The term “applicant” refers to any individual using the site to submit applications, renewals, and application fees, who is not an official representative of the client.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

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 you password with other individuals. Instead, we recommend you set up other individuals with their own user accounts for the app.

You acknowledge and agree that Civic Review is not responsible for third-party access to your accounts that results from theft or misappropriation of your accounts information and/or passwords. Civic Review has the right to refuse you service, access to or use of the Site and any and all of Civic Review’s products, services, systems and websites, to terminate your accounts, to monitor your accounts and activities on the Site and any and all of Civic Review’s 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 Service and Civic Review’s other products, services, systems and websites. You authorize and agree to Civic Review conducting transactions and charges on your behalf.

For payments processed through your payment processor, applicants authorize and agree to Civic Review charging convenience fees (fees charged to the applicants for the convenience of online payment) when making online payments. Applicants and clients agree that Civic Review shall have sole and absolute discretion in determining any and all amounts of said processing fees, whether said fee amounts shall change from time to time, when such changes shall take effect and to whom they are to be applied at any time upon notice to you (i.e. on the website and/or by email) provided that clients will be given at least 1 month’s notice before changes take effect. A decrease in convenience fee amount requires no notice to account holders.

Clients agree they are responsible for payment of all third party payment processing fees, including but not limited to processing fees assessed to any accompanying Civic Review convenience fees.

Refunds

Refunds Made Using the Payment Processor’s Software

For payment systems that do not have refund integration with Civic Review, it is the client’s responsibility to handle refunds through the payment processor’s software. Civic Review is not responsible for refunding convenience fees for refunds made through the payment processor’s software. When a refund is made using the payment processor’s software, the client is responsible for paying convenience fee refunds. It is also the client’s responsibility to make sure record of such refunds, as well as all other refunds handled outside Civic Review, is entered in the Civic Review product.

Refunds Made Using the Civic Review Product

Some payment systems have refund integration with Civic Review. When refunds are created through the product for transactions which incurred an added Civic Review convenience fee, the convenience fee is refunded after all other funds from the transaction have been refunded. Civic Review is not responsible for payment processor fees assessed to remaining convenience fees after partial refunds have been issued.

Service Fees

Civic Review reserves the right to change its price list and to institute new charges at any time upon notice to you (i.e. on the website and/or by email) provided that, for services billed to Civic Review customers/account holders, account holders will be given at least 6 months at the old pricing before the new pricing takes effect.

By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges.

Failure to pay fees may result in immediate termination of your account, which may result in loss of data in accordance to the Termination in these terms.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Civic Review.

Civic Review has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Civic Review 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 our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Sensitive Information in Custom Applications

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 your organization using Civic Review, either during application, renewal, navigation, when using the the service in any way, making inquiries, requests or simulations through the website, the privacy policy shall apply to the user. Since the privacy policy waives responsibility for the use 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 service.

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 application form data that belongs to your organization, as long is it is done prior to official termination (payment has lapsed). Subject to the terms of this agreement, you grant us a royalty-free and non-exclusive license to use this data to communicate with applicants regarding application status, including status updates and events relevant to their records.

You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, Civic Review may be required to review certain content submitted to the service to determine whether it is illegal or whether it violates these Terms and Conditions of Use. Civic Review reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms of Service. However, the account holder accepts that Civic Review has no obligation to monitor or review any content submitted to the Services.

Prohibited Uses

Prohibited activities using the service – you agree not to engage in any of the following:

Without prior approval, you may not create frames around our app, with the sole exception of application forms.

Access the service by any means other than through interfaces provided by Civic Review and as otherwise expressly authorized under these Terms of Service.

Access, tamper with, or use non-public areas of Civic Review, our computer systems, or the technical delivery systems of our providers.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.

Manipulate the appearance of any screens provided by Civic Review through the use of injected scripts.

Links to our Website

With exception of clients, the following organizations may link to our website without prior written approval: Government agencies, Search engines, news organizations including blogs.

Limitations of Liability

YOU UNDERSTAND AND AGREE THAT THE CIVIC REVIEW PARTIES WILL NOT BE 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 A CIVIC REVIEW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE 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 Service or the Agreement.

You agree to indemnify and hold the Civic Review Parties 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 Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.