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As a condition to use the features and information of the MuniciPay payment processing portal ("MuniciPay"), each User accessing or using same agrees to the following. As a condition to use, each User represents that they meet the following eligibility criteria., that you are: (i) of the legal age of majority in your jurisdiction of residence (and at least 18 years of age); and (ii) the primary account or cardholder or authorized user of the payment card or account being used to complete the transaction.

1. Overview

These Terms and Conditions of Use and User Agreement ("Terms") together with all policies or requirements contained or available on our websites set out the terms and conditions and related agreement pursuant to which Autoagent Data Solutions ("Service Provider" or "we") provides you access to and use of data, web functions, services, applications, tools and other website features or content or use of software as a service (collectively "Web Functions") through MuniciPay. You are directed to review all policies, statements, and information and other conditions that may be accessed by the links provided at the bottom of each of our website pages, including our Privacy and Security policies. All such policies are incorporated into these Terms. And Conditions of Use and User Agreement. By doing so, you agree to comply with all such accessible policies and the terms contained herein below when accessing and using our Web Functions. Service Provider offers its facilitating services and Web. Service Provider may, in its sole discretion, change, modify, improve, enhance suspend, discontinue, or terminate any portion or portions, or even all aspects of MuniciPay or one or more of its Web Functions on a temporary or permanent basis, at any time with or without notice to you and you agree that Service Provider shall not be liable to you or to any third party because of taking any of these actions.

2. Use of MuniciPay to Make Payments

The Merchant to which you are making this payment has contracted with Service Provider to provide you with the convenience to make online payments via credit card, debit card, or electronic check. The amount due displayed as "TOTAL CHARGE" includes the amount due to the Merchant displayed as "PAYMENT AMOUNT" and the amount charged by the service provider which is displayed as "SERVICE FEE". Service Provider will appear on your credit card or bank statement as merchant of record as to the Service Fee and the Merchant will appear as merchant of Record for the Payment Amount. If your payment is not processed or authorized by your credit card company or financial institution, you will still be liable for the outstanding balance due the Merchant, along with any penalties, late fees, and interest charges assessed. Service fees, in most instances, are non-refundable.

When you use MuniciPay to pay a bill or use any of its other Web Functions, we will transmit certain information from the Merchant to whom you will be making payment. You agree that Service Provider, on behalf of the Merchant, can transmit personal financial information to the applicable payment network for your card or account and that you will be using the specific payment method that you have selected. While use of MuniciPay facilitates, the payment to a Merchant the transaction is solely between you and the Merchant, and Service Provider is not a party to that payment transaction. As to any refund or reversal of a MuniciPay facilitated payment, you must contact the Merchant and/or your financial institution not Service Provider. You further acknowledge that Service Provider has no liability or responsibility as to the accuracy of such information supplied by the Merchant (or one of its vendors) or to verify its accuracy.

Please be advised that the card or account information provided by you to make payment through MuniciPay contains personal financial information and you acknowledge that you have elected to so as your free and voluntary act with inducement from Service Provider. In so doing, you confirm that you are an authorized user and are solely responsible for the completeness and accuracy of the personal financial information used to make a payment through MuniciPay. Service Provider is authorized to and may perform certain inquiries for validation of the card, account, or information you have provided in using MuniciPay, Service Provider disclaims any responsibility either for the accuracy of information you provide including whether a payment card is current and up-to-date or the accuracy of the validation process. You further agree that Service Provider may receive from your financial institution or card Issuer updated information about your card or account (such as a new card number, billing zip code or expiration date) so long as you authorized them to release same to third parties.

3. Registration and Account Security

In the event that you enable your personal financial information to be saved for future payments to the same Merchant, you agree to provide us with true, accurate, current and complete information about yourself and update Service Provider if there are changes to such information. You acknowledge and agree that Service Provider will have no liability associated with or arising from your failure to maintain accurate registration information, including your failure to obtain important information and updates about MuniciPay or its Web Functions. You acknowledge and agree that use by any person of your current username and password shall be deemed to be your actions and that Service Provider may rely upon such actions as to all Web Functions or payments made through MuniciPay.

If Service Provider has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, Service Provider may elect in its sole discretion or at the request of any third party or Merchant and without any prior notice to you, suspend or terminate your access to MuniciPay/or refuse any and all current or future use of its Web Functions by you. As to any stored information, you are solely responsible for ensuring that use or access to that information complies with these Terms.

As a part of your Account registration, you are required to establish a username and password. These pieces of data are used to authenticate you when you access or use MuniciPay. These authentications act as your signature. You are solely responsible for protecting the confidentiality of your username and password. It is important that you do so since we are not responsible for any losses you incur as a result of unauthorized use of MuniciPay and, depending on the circumstances, your card Issuer or financial institution may hold you responsible for unauthorized use of your credit card, debit or other financial accounts. You agree to notify Service Provider immediately of any unauthorized use of your username or password, or any other actual or potential security breach relating to your Account.

4. Financial Institution and Data Use Agreements, Charges and Fees

These Terms do not amend or otherwise modify any agreement or any other terms and conditions of use you may have with a credit, debit, or prepaid card issuer, internet payment processor or financial institution. In the event of any inconsistency between these Terms and your cardholder or accountholder agreement, these Terms govern as to your use of MuniciPay or Web Functions and the relationship between you and Service Provider. You are responsible for ensuring that your use of MuniciPay and its Web Functions complies with the issuer of your credit, debt, or prepaid card issuer, your internet payment processor and all involved financial institutions. You are solely responsible for acquiring any hardware, devices, software, wireless, smartphone or cell phone, data services and Internet access, other items required for you to use or access MuniciPay and any associated fees, expenses or other charges. You are also solely responsible for any interest, fees, charges or expenses related to your use of any card, internet-based payment service or financial account in relation to your use of MuniciPay and its Web Functions for any payment obligations in connection with your use of MuniciPay or Web Functions.

5. Proprietary Rights

All ownership rights in MuniciPay and its Web Functions, including but not limited to its embedded software, data access, URLs, website content, knowhow, imaging, logos, Web Functions are retained by Service Provider, its affiliates and their licensors, and protected under applicable copyrights, trademarks and other intellectual property or proprietary rights and any applicable international treaties or industry conventions. All rights not expressly granted to you through these Terms are retained by Service Provider, its affiliates and their licensors. Nothing in these Terms grants to you any right to use, reproduce, commercially or otherwise exploit any of Service Provider, its affiliates' or any other third party’s, tradenames, product names, copyrights, trademarks, service marks, logos, or other indicia of origin.

6. Privacy

For information about Service Provider privacy practices in connection with MuniciPay, please read the Privacy Policy located on our website https://www.autoagent.com/privacy.

7. License Grant

Service Provider grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable license to use the Web Functions and MuniciPay for your own personal and non-commercial use for payments to Merchant and in strict accordance with these Terms, provided this does not prohibit you from lawfully using your payment cards and financial account information and accounts for other non-prohibited purposes. Service Provider may in its sole discretion suspend, discontinue, condition, modify or terminate this license at any time, for any reason. All rights not expressly granted to you are reserved by Service Provider, its affiliates or their licensors. Nothing in this license grant, gives you the right to use MuniciPay for an unlawful or unauthorized purpose or to improperly access or use funds from accounts for which you do not have lawful access or rights to obligate.

8. Disclaimer of Warranties/Limitation of Liability

PAYMENTS AND ITS WEB FUNCTIONS ARE, PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANT'S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF MUNICIPAY OR ITS WEB FUNCTIONS, AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING NEGLIGENCE, SHALL SERVICE PROVIDER AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, CUSTOMERS, MEMBERS, LICNESORS, DATA PROVIDERS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "SERVICE PROVIDER PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH SERVICE PROVIDER BILL PAY AND/OR THESE TERMS, EVEN IF AN SERVICE PROVIDER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICE PROVIDER PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) YOUR USE OF OR INABILITY TO USE MUNICIPAY OR WEB FUNCTIONS FOR ANY REASON, INCLUDING REFUSAL OF YOUR CARD ISSUER, PAYMENT FACILITATOR OR FINANICIAL INSTITUTION OR AN MERCHANT TO AUTHORIZE MUNICIPAY FACILITATED TRANSACTION; (II) ANY CONTENT AVAILABLE IN CONNECTION WITH MUNICIPAY OR WEB FUNCTIONS; (III); THE ACCURACY OF THE billing INFORMATION PAID THROUGH USE OF MUNICIPAY (IV) DISPUTES BETWEEN YOU AND AN MERCHANT AS TO YOUR BILLS, FINES, PENALTIES OR YOUR TAX OBLIGATIONS; (V) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH SERVICE PROVIDER AT CHECKOUT; (VI) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS, DATA OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH SERVICE PROVIDER BILL PAY; (VII) CYBER ATTACKS, RANSOMEWARE, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR VIII) ANY OTHER USE BY YOU OF MUNICIPAY. IN ADDITION, THE SERVICE PROVIDER PARTIES SHALL NOT BE LIABLE IF MUNICIPAY CANNOT BE PROVIDED (OR ANY PART OF ITS WEB FUNCTIONS OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THESE TERMS DUE TO, DIRECTLY OR INDIRECTLY, TO ACTS OR FAILURE TO ACT OF THE MERCHANT, THE FAILURE OF ANY INTERNET OR WIRELESS DATA TRANSMISSION, EQUIPMENT, OR DELIVERY PROBLEMS, OR ANY INDUSTRIAL DISPUTE, LABOR LOCK OUT OR STRIKE, WAR, NATURAL DISASTER, ACT OF TERRORISM, EXPLOSION, ACT OF GOD , EXECUTIVE ORDER, IMPOSITION OF MARSHAL LAW OR ANY OTHER EVENT BEYOND THE SERVICE PROVIDER PARTIES ANY MERCHANT’S CONTROL.

YOUR USE OF MUNICIPAY OR THE WEB FUNCTIONS IS AT YOUR OWN RISK. THESE SERVICES AND WEB FUNCTIONS ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. YOU AGREE THAT WE CANNOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THIS SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERROR, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, INACCURACY OF MERCHANT SUPPLIED DATA OR ANY FAILURE OF PERFORMANCE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SERVICE PROVIDER PARTIES' CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES RECEIVED BY SERVICE PROVIDER FROM YOU WHICH ARE DIRECTLY RELATED TO PAYMENTS YOU HAVE MADE USING MUNICIPAY OR ITS WEB FUNCTIONS DURING THE ONE YEAR IMMEDIATELY PRECEDING THE ACT OR OMISSION WHICH GAVE RISE TO THE CAUSE OF ACTION; OR (B) $1,000.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SERVICE PROVIDER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. User Conducts

You agree that you will comply with all applicable laws, rules and regulations, judicial orders and other legal requirements that relate to your use of MuniciPay. In addition, you agree to the following:

1. not to use or attempt to use MuniciPay in breach of these Terms as same may be modified and updated from time to time on Service Provider website;
2. not to access or attempt to obtain unauthorized access to MuniciPay or its Web Functions which Service Provider attempts to secure from general access or access by you is denied or suspended;
3. not to use MuniciPay in any manner that violates any third-party rights;
4. not to disrupt or interfere with the security or operation of, or otherwise damage or interfere with the proper functioning of MuniciPay or its Web Functions;
5. not misuse any financial information of third parties or use information or accounts for which You do not have authorized use;
6. not store, copy, emulate, clone, reproduce rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer MuniciPay or any of its Web Functions or any portion thereof without the explicit authorization of Service Provider;
7. not use any device, software, mechanism, malware, trojan horse, or other electronic or electronic interference method to interfere or attempt to interfere with the proper working of MuniciPay or its Web Functions and or take any action that imposes an unreasonable or disproportionately large burden on MuniciPay or its Web Functions.

10. Disputes with Agencies

Service Provider is not responsible for the billing related information for payments made by you in connection with your use of MuniciPay, including their timely acceptance of the payments or the accuracy of the information used to make payments. If you have a dispute with a Merchant about a transaction made through MuniciPay or as to your tax obligations or any fines, penalties or interest assessed, you are solely responsible for settling the dispute directly with the Merchant. Service Provider is not a party to the payment.

11. Modification of Terms

Service Provider reserves the right, in its sole discretion, and likely will modify these Terms at any time with or without further notice to you. It will do so by posting the most recent version of the Terms on its website and will not provide specific notice to you. You are therefore advised and encouraged prior to making your next payment through MuniciPay to review the Terms for changes that might affect you or your use of MuniciPay. To the fullest extent permitted under applicable law, your continued use of MuniciPay after any such modification constitutes your acceptance of these Terms as modified. If you do not agree with any of these Terms, you must not use MuniciPay or any of its Web Functions.

12. Termination of Use

You may terminate your use of MuniciPay at any time without prior notice. Service Provider may suspend, discontinue or terminate your access to or use of MuniciPay or any of its Web Functions at any time without prior notice or obligation to you for any reason at Service Provider sole discretion. Upon any discontinuance or termination of your use of MuniciPay or such Web Functions you must promptly discontinue use of any and all content obtained through MuniciPay along with any copies of such content. You agree that Service Provider shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to MuniciPay. Upon termination, you remain liable for all payments and other obligations, if any, you have incurred under these Terms.

13. Other

1. Relationship of the Parties.Nothing in these Terms will be construed as creating a joint venture, partnership, employment merchant, or Merchant relationship between you and Service Provider, and you do not have any authority to create any obligation or make any representation on Service Provider‘s
2. To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Service Provider Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, due to, in connection with or arising out of your use of MuniciPay in violation of these Terms.
3. Governing Law.To the fullest extent permitted by law, you and Service Provider agree that these Terms shall be governed by and construed in accordance with the internal laws of the state of Florida, and that any disputes, claims or causes of action arising out of in connection with these Terms shall be resolved exclusively within the federal and state courts residing within Palm Beach County Florida.