1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE.
Your use of the ViewCitation.com website (the "Payment Portal") is subject to the following Terms of Use ("Terms"). By accessing and using the Payment Portal, you agree to the terms and conditions of these Terms. If you are not willing to be bound by these terms, do not access and use the Payment Portal. The public entity that issued you a citation (hereinafter "City") and/or its service providers may change these Terms from time to time. Upon any change in the Terms, your continued use of the Payment Portal constitutes an affirmative: (a) acknowledgement by you of the Terms and its modifications; and (b) agreement by you to abide and be bound by these Terms and their modifications. City reserves the right to modify the Payment Portal with or without notice to you. Unless explicitly stated otherwise, any new features that augment or enhance the current Payment Portal shall be subject to these Terms.
2. LICENSE GRANT; RESTRICTION
The City provides with you with a nonexclusive, nontransferable, right and license to access and use the Payment Portal. You may not (i) encumber, transfer, lease, time-share or use the Payment Portal in any service bureau arrangement; (ii) copy, distribute, adapt, create derivative works of, translate, or otherwise modify the Payment Portal, or (iii) decompile, disassemble, reverse assemble, or otherwise reverse engineer the Payment Portal. City and its service providers retain all rights, title and interest in and to the Payment Portal, and any and all modifications thereof, including all copyright, copyright registrations, trade secrets, trademarks, goodwill and confidential and proprietary information related thereto. No rights are granted to you hereunder other than as expressly set forth herein.
3. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY.
YOU EXPRESSLY AGREE THAT USE OF THE PAYMENT PORTAL IS AT YOUR SOLE RISK. THE PAYMENT PORTAL IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. CITY AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CITY AND ITS SERVICE PROVIDERS MAKES NO WARRANTY THAT THE PAYMENT PORTAL WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE PAYMENT PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE CITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PAYMENT PORTAL OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PAYMENT PORTAL OR THAT DEFECTS IN THE PAYMENT PORTAL WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PAYMENT PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. CITY AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THESE TERMS OR THE PAYMENT PORTAL, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY.
4. DATA; PRIVACY POLICY.
You acknowledge and agree that any and all information submitted by you in connection with your use of the Payment Portal ("Data") may be made available to the City and therefore may be subject to the City's privacy policy set forth on the City's publicly available website. Viewcitation.com will collect and retain only that information provided by you that is necessary to process your violation and comply with City or state data retention rules. Credit card information will be used solely to process payments authorized by you and shall not be retained by Viewcitation.com in any form, for any purpose. Viewcitation.com may collect certain statistical information about visits to the Payment Portal but no personal information, other than that submitted by you, will be collected or retained.
5. REFUND POLICY.
You must contact the Citations Processing Center at 855-370-4229 to request a refund. To claim a refund, you will need proof of payment; either a printed viewcitation.com receipt or a copy of your credit card statement.
6. MISCELLANEOUS.
These Terms will be governed by the laws of the state where the City is located without giving effect to any conflicts of laws principles. Both parties agree that the sole venue for actions related to the subject matter hereof shall be within the state where the City is located. Notwithstanding the foregoing, however, nothing in these Terms shall be deemed or construed as a waiver of any statutory or constitutional immunity to suit. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.