CITY OF EVERETT E-COMMERCE TERMS AND CONDITIONS
Welcome to the City of Everett Website (the “Website”). E-Commerce Services (the “Services”) are operated by third parties on behalf of the City of Everett (“we,” “us,” the “City” or “E-Commerce”).
The City of Everett offers various online services such as utility bill presentment and payment, class registration and payment, online permit purchases and donations.
Please check these Terms and Conditions frequently, as we may amend them from time to time by posting revised language on this Website. The most up-to-date version of these Terms and Conditions will always be available for your review on the Website. Amendments will become effective at the time they are posted on this Website. Your continued use of the Services after amendments are posted will constitute your acceptance of such amendments. We may at any time modify or discontinue any aspect or component of the Services. If you breach any of these Terms and Conditions, we can terminate your right to use the Services.
TERMS AND CONDITIONS
We provide a variety of information and services to our customers. You may use these Services solely for your own personal, residential, or business purposes and pursuant to these Terms and Conditions. All information provided and entered on this Website can and may be viewed by the City.
For security reasons do not access E-Commerce websites from public locations.
a. Authentication and Authorization
1) The Services incorporate commercially reasonable methods to authenticate the information that you have supplied for making a payment or donation through the Services. You will not be able to submit a payment or donation until the Services authenticate you and you will not be allowed to use the Services until you have read these Terms and Conditions and have acknowledged doing so by clicking the "I Accept" box.
2) As the user of the Services, and upon your acceptance of these Terms and Conditions, you will have submitted your banking account or credit card account (your “Designated Account”) information. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the Services.
3) Users of these services are subject to all E-Commerce credit policies procedures and regulations.
4) If the Designated Account is a banking or credit card account for your Business, then it must be one for which you are a properly authorized signer.
5) By accepting these Terms and Conditions, you authorize third parties on behalf of the City of Everett or the City of Everett to initiate a charge to your Designated Account according to your instructions. Each time you use the Services, you will be reauthorizing us to charge your Designated Account.
6) You represent and warrant that:
1. You are 18 years old or older;
2. You are using your actual identity and any information you provide is accurate and complete;
3. You are legally authorized to make payments using your Designated Account;
5. Your use of the Service will not violate any local, state, national or international laws or regulations.
1) By providing third parties on behalf of the City of Everett or the City of Everett the information for your Designated Account, you authorize us to follow the payment instructions we receive from you through the Services.
2) When you use these Services to send us a payment instruction, you authorize third parties on behalf of the City of Everett or the City of Everett to initiate a message to your bank or credit card provider to charge your Designated Account and to send those funds to us for payment so that we receive the funds as close as reasonably possible from the date indicated by you in the payment instruction.
3) If your payment is received after the due date of a bill, regardless of any cause except for our failure to reasonably process your explicit payment instruction actually received by us, you will remain responsible for any late charges and interest assessed, the same as if you mailed your payment to us and we received it after the due date. This would be true even if you are unable to access the system due to problems with the Internet, or our servers being temporarily unavailable. Therefore, we recommend that you instruct the Services to initiate each payment to us at least four (4) business days before the actual due date. Business days are Monday through Friday, except for federal banking holidays. If you use the Services to send us your payment instructions after 9 PM (PST) on a business day, then the Services will treat your instruction as if it was received on the following business day. It is the day we receive payment from you, and not the day we receive your instructions, that determines whether your payment was timely received.
c. Cancellation of Payments
1) Cancellation of payments applies only to ACH Payments, payments utilizing a Bank Account. Debit card transactions cannot be cancelled. Cancellation of payments will be processed by the City Department receiving the payment. Cancellations can only be processed prior to the close of business on the same day the payment was made.
1) Refund requests should be directed toward the City Department receiving the payment. Refunds may take 2 to 3 weeks to process and must comply with the refund policy of the City Department in receipt of the payment.
e. Electronic Information.
1) Brochures, notices, documents and messages. By use of the Services, Customers agree to receive, via email and/or links through the Website, related information, notices, documents and messages distributed by the City to our Customers.
2) Emails. By use of this Website, customers acknowledge that they may receive email notices for the following:
1. Enrollment confirmation
2. New bill/notice
3. Failed/rejected payments
4. Forgotten password
5. Credit/debit card expiration notification
6. One-time payment notification
7. Shared account notification
3) By use of this Website, customers acknowledge that they may receive email or email notification for those bills, notices and information that are available through the Services. Customers must provide legal email addresses to continue to use the Services. Customers who do not provide proper mailing addresses and/or email addresses may be prohibited from using the Services at the City’s sole discretion.
2. User Accounts
a. The Services offer our Customers a variety of functions and services. Many of the Services will involve information about customer accounts and other personal information. To protect your privacy, we may require that you establish a user account to access such Services (such account, a “User Account”). We reserve the unqualified right (i) to accept or decline an application to open a User Account; (ii) to terminate any User Account; and (iii) to discontinue the provision of any Service related to such User Account.
b. In connection with opening your User Account, you will designate a user name and password that you will use to establish your identity when you log in to use certain Services. You agree (i) to provide accurate and complete information when opening a User Account; (ii) to update your information (that can be edited) as necessary so it remains accurate and complete; and (iii) not to operate under an alias or otherwise conceal your identity.
3. User Conduct
While using the Services, you may not:
a. retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the Services or any portion thereof without our prior written consent;
b. upload, post, publish, transmit, reproduce, or distribute through the Website any material that infringes on any third party’s copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual fiduciary, or nondisclosure obligations;
c. engage in conduct, during use of the Website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy rights of others;
d. upload, post, publish, transmit, reproduce, or distribute through the Website any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
e. upload, post, publish, transmit, reproduce, distribute through the Website, or place any links on the Website to any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
f. alter, interfere, or disrupt the content or functioning of the Website or the Services, including but not limited to uploading, posting, or transmitting any material that (a) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriate the Website or any data contained therein; or (b) disproportionately burdens the operation of the Website;
g. use the Services to gain unauthorized entry or access to other computer systems or networks;
h. “mirror” the Services or any of its content on any other server without the express prior written permission of the City;
i. impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to us via the Website;
j. upload, post, publish, transmit, reproduce or distribute through this Website any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order; or
k. Gain access to any account where you are not the primary account holder or where the primary account holder has not expressly authorized your access to their account via this service.
In our sole and absolute discretion, we may, without notice, terminate the Services or your use of the Services at any time. If we terminate your use of the Services, you will need to make payments in another manner.
5. Disclaimer of warranties
a. The Website, Services and/or any content, information, software, functions, and applets provided on or through the Website and/or Services are made available on an “as is” and “as available” basis. The City does not warrant that the Website, Services and/or any content or service provided in connection with the Website and/or Services will be timely, secure, uninterrupted, error-free, or that defects in the Website, Services and/or in any content or service provided on or through the Website and/or Services, if any exist from time to time, will be corrected. The City will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the Website, Services, and/or related content, for communication line failures, or for computer viruses associated with the operation of the Website. The City makes no warranty regarding any information made available through or on the Website and/or Services. THE CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK.
b. No City officer, employee, agent, representative, or any third party is authorized to create any warranty of any kind not expressly made in these Terms and Conditions.
6. Limitation of liability
The City, its officers, employees and agents will not be liable to you or any third party for any indirect, consequential, incidental, exemplary, special, or punitive damages (including without limitation, damages resulting from lost data, lost profits, or costs of procurement of substitute products or services) arising out of or in connection with the Website or any of the services available on or through the Website and/or Services. In no event will the liability of the City its officers, employees and agents, under any theory of liability (whether in contract, tort, strict liability, or otherwise) exceed $500, regardless of whether such parties have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless the City its officers, employees and agents from any and all claims liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from or related to your use of the Website or the placement or transmission of any message, information, software, or other materials or content on or through the Website by you or users of your User Account or related to any violation of these Terms and Conditions by you or users of your User Account.