We may change the terms of this Agreement at anytime without notice. By continuing to use any of MuniSignUp Services after we post any changes, you accept the Agreement as modified.
Using our Services
You must follow all policies made available to you within MuniSignUp Services. You may use MuniSignUp
Services only as permitted by law and we may suspend or stop providing our Services to you for any reason, at anytime without notice. You certify that all information you provide to MuniSignUp
Services is true, accurate and complete. You will be responsible for the confidentiality of any passwords you create and any and all actions that occur on your account or while you use MuniSignUp
You may not store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is libelous, offensive, infringing, harassing, harmful, distruptive or abusive.
Providing Feedback and Suggestions
We welcome your feedback. You agree that we may freely use and/or freely incorporate any ideas, notes, comments, or suggestions you submit (collectively, "Feedback") for any purpose in our current Services and software and/or any future services or software. Furthermore, you agree that you are voluntarily submitting Feedback and that you disclaim all rights and ownership of the Feedback. Furthermore, You understanding that MuniSignUp may freely use the Feedback, without any obligation to You and that MuniSignUp owes you nothing and has no obligation to you.
Content and Third Party Sites
MuniSignUp displays content that is not created or maintained by MuniSignUp. This content is the sole responsibility of the entity that makes it available to you. The content created by others is not reviewed by MuniSignUp. MuniSignUp assumes no liability to you for any content on MuniSignUp Services. Any links to third party sites is not an endorsement or recommendation of the third party, its products, information, or services. Your use of links to third party sites from MuniSignUp Services is at your own risk and will be governed by the third party's terms and policies.
Facility and Activity Registration
All information you provide to our Services must be truthful and accurate. Providing untruthful or inaccurate information constitutes a breach of these Terms. MuniSignUp only facilitates the reservation and payment process. MuniSignUp assumes no liability and is not responsible for the activity or facility being reserved. MuniSignUp does not guarantee that the facility or activity will meet your needs, is available or will take place, or that the activity or facility is fit for a particular use or purpose. You assume all liability with your participation in any activity or use of any facility. You agree to defend, indemnify, and hold harmless MuniSignUp and its employees, agents, and contractors from and against any and all claims, damages, cost, and expenses, including attorneys' fees, arising from or related to your use of MuniSignUp Services or breach of this Agreement.
Children's Online Privacy Protection Act Notification
MuniSignUp Services are not designed or intended for use by children.
Your Responsibility for Account Security
You agree to only access your account from a computer with an up-to-date operating system and up-to-date anti-virus software. You agree not to access your account over a public WIFI network or any other network that might be insecure. You will not share your password with anyone for any reason. You also agree that the password you use for MuniSignUp services is not used for any other application or website and is unique to MuniSignUp services. You acknoledge that MuniSignUp's minimum password standards are a bare minimum and that MuniSignUp strongly encourages you to have a password that is at least 20 characters long containing a combination of lower and upper case letters, numbers, and special characters. You also agree not to use any password that is easily guessed or contains common words or phrases. MuniSignUp will never, under any circumstances, ask for your password via phone, email or any other medium. If you receive an email requesting account information you agree to immediately forward it to MuniSignUp. If you notice suspicious activity on your account you must notify MuniSignUp immediately.
Email Notification & Cell Phone Text Messages (E-notification)
By creating a MuniSignUp account you agree that MuniSignUp and Platform Account holders may contact you via the email address(es) registred to your account. MuniSignUp and PlatForm Account holders may contact you about your account including but not limited to notify you about account security, account activities (including logins, registration, reservations, payments or any other activity on your account), and up coming events, activities, facilities, or any other items that you might be interested in.
If you delete your account we will stop sending you emails via the MuniSignUp Platform within 10 days. However, we can not control what Plaform Account holders do outside of the Platform. You agree to contact the current or former Platform Account holder directly to be removed from any notification list they may have created.
You understand and agree that MuniSignUp has no obligation to notify you about any activity on your account including but not limited to, upcoming reservations, registrations, payments, logins, and/or account information changes. You agree to regularly monitor your account and not rely on e-notifications to stay informed about your MuniSignUp account.
You also understand and agree that there are many factors involved in sending emails and that not all emails sent to you will reach you. You agree that MuniSignUp is not responsible for emails that are delayed or never delivered to you for any reason including but not limited to technical error, programing error, human error, hardware failure, spam filters, or ISP filters. Further, we do not make any warranty about the deliverability of emails sent from us.
You understand and agree that the receipt of messages (cell phone text messages and email messages) through the Platform may cause you to incure phone, text, and data charges, and that MuniSignUp is in no way responsbile for such charges. You are soley responsbile for any charges relating to cell phone text notifications and email notifiations.
The performance of MuniSignUp of its duties and obligations under this Agreement will be that of an independent contractor. Nothing in the Agreement will create or imply an agency relationship between MuniSignUp and You, nor will the Agreement be deemed to constitute a joint venture or partnership between MuniSignUp and You.
Your credit card number and CCV code are not stored on MuniSignUp's servers. It is only passed on to the payment processor for the purpose of collecting payment for the services, rental facility, or payment you are paying for. When you submit any form on MuniSignUp you agree to pay the amount specified including any convenience fees associated with your reservation, registration, and/or purchase. You agree and understand that your card can be charged immediately for facilities, activities, and other products and services. In the event MuniSignUp charges less than the intended amount the Platform Account holder intended to charge, you agree to work with MuniSignUp, the Platform Account holder, and the third-party provider to correct the issue. This includes paying the difference for what should have been charged. Further, you understand and agree that billing errors do sometimes occur and that MuniSignUp is not responsible for any financial cost associated with billing errors.
Merchant Accounts (Platform Accounts)
You agree that all information listed on the MuniSignUp platform is accurate and truthful.
You agree to pay MuniSignUp's transaction fee for each transaction in the amount of $1 per transaction plus 1% of the total transaction amount. MuniSignUp transaction fees are in addition to any transaction fees your payment processor may charge. MuniSignUp transaction fees are not refundable even if you refund the transaction that generated the transaction fee. We may change the fees in effect but will give you 15 days advance notice of these changes. Notices of fee changes will be sent to one or more admin email addresses associated with your account.
You agree that you will only list facilities owned and controlled by your organization and activities that your organization organized. You will not create an account for or allow anyone who is not directly employeed by your organization to access your MuniSignUp account.
In the event of a transaction mistake or error you agree to work with MuniSignUp, at no expense to MuniSignUp, to resolve any issues that may arise. This includes but is not limited to any and all errors involving the amount charged for any activity, facility, or payment on the system including errors in calculating convenience fees.
MuniSignUp uses your linked Stripe account to process payment and refunds for activities, facilities, utilities, and other payment services offered through the MuniSignUp Platform. MuniSignUp will have read and write access to your Stripe account. We will only use this access to process payments and refunds for transactions originating on the MuniSignUp platform.
MuniSignUp can terminate your access to the MuniSignUp platform for any reason with 30 days notice. If you violate any of our terms we may immediately terminate your access without notice or warning. If you violate our terms you will not be entiled to a refund of any kind.
You are responsible for all charges from your payment processor including but not limited to transaction fees and charge backs. These fees are payable directly to your payment processor and are not included in any fees that MuniSignUp charges you. MuniSignUp does not verify the identity of visitors or the validity of the credit card information provided from visitors. MuniSignUp relies on your payment processor to determine the validity of the credit card information provided. You agree and understand that MuniSignUp facilitates the payment process but does not actually process the payment. Payments are processed by your payment processor and they are wholly responsible for collecting and distributing payments made via the MuniSignUp platform.
You agree not to collect sensitive personal information through the MuniSignUp Platform. Sensitive information includes but is not limited to, social security numbers, medical records, medical information, and passwords.
You agree to defend, indemnify, and hold harmless MuniSignUp and its employees, agents, and contractors from and against any and all claims, damages, cost, and expenses, including attorneys' fees, arising from or related to your use of MuniSignUp Services or breach of this Agreement.
Downtime and Maintenance
You agree and acknowledge that MuniSignUp is entitled, without any liability or advanced notice, to suspend access to any or all of the Services at anytime including but not limited to any of the following reasons: (i) to perform scheduled or unscheduled maintenance, modifications, or upgrades; (ii) due to hardware failures, power outages, failures of any third-party provider, or any other interruptions of any kind; (iii) due to any programming errors of any kind or defects in programming code or database code (iv)) to mitigate the effects of or to prevent any attack or threat to the Platform or any other network or system on which the Platform rely on; or (v) as necessary in MuniSignUp's sole discretion becuase of the Platform or Your use of the Platform may violate a law or regulation, or as might be required for other legalor regulatory reasons. MuniSignUp has no obligation to share or otherwise provide You notice of the cause of the downtime. MuniSignUp will have no liability for any damages, loses (including loss of data or profits), or any other consequences incurred as a result of any downtime for any reason.
You will be responsible for all applicable taxes, however designated, incurred in connection with this Agreement, including but not limited to federal, state, or local sales or use taxes, excises, and other taxes which may now or hereafter be levied on the Servies provided on the Platform or on payments made under this Agreement ("Taxes"). If at any time MuniSignUp or a taxing authority determines that MuniSignUp is required to pay any Taxes not previously collected from You, You will promptly submit such Taxes (including aplicable penalties and interest, if any) to MuniSignUp (or if applicable to the taxing authority) within twenty-five (25) days of receipt of notice. You hereby indemnify and agree to defend and hold MuniSignUp harmless from any claim by a taxing authority for any Taxes, penalties, or interest.
You agree to defend, indemnify, and hold harmless MuniSignUp and its employees, stockholders, successors, officers, directors, agents, and contractors from and against any and all actions, proceedings, judgements, liabilities, losses, claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of MuniSignUp Services or breach of these Terms.
SERVICES ARE PROVIDED BY MUNISIGNUP ON AN “AS IS” AND “AS AVAILABLE” BASIS. MUNISIGNUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND FUNCTIONALITY OF SERVICES OR THE CONTENT, INFORMATION, MATERIAL ON SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MUNISIGNUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MUNISIGNUP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY ACTIVITY OR FACILITY OFFERED THROUGH SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SERVICES, THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MUNISIGNUP OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MUNISIGNUP SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MUNISIGNUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL MUNISIGNUP BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE US DOLLAR. THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, VOID OR UNENFORCEABLE. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE A BARGAINED-FOR EXCHANGE AND A MATERIAL CONDITION AND PREMISE OF THIS AGREEMENT.
Governing Law, Resolving Disputes, & Binding Arbitration
This Agreement is governed by the laws of the State of Missouri. You and MuniSignUp agree that any right to a jury trial is hereby waived and that any disputes arising out of this Agreement wil be resolved by binding arbitation in Platte County Missouri. However, before you persue binding arbitation as described above you agree to try to resolve the dispute informally by contacting [email protected]
If a dispute is not resolved within 90 days of submission, you or MuniSignUp may persue binding arbitration.
No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Notification of Copyright Infringement
MuniSignUp respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf
, MuniSignUp will respond expeditiously to claims of copyright infringement committed using the MuniSignUp service that are reported to MuniSignUp’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the MuniSignUp website and service (collectively the “Service”) by completing the following DMCA Notice of Alleged Infringement and delivering it to MuniSignUp’s Designated Copyright Agent. Upon receipt of Notice as described below, MuniSignUp will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service and/or termination of the MuniSignUp user’s account in appropriate circumstances.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver the Notice, with all items completed, to MuniSignUp's Designated Copyright Agent:
PO Box 506
Smithville MO 64089
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of MuniSignUp to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit MuniSignUp rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Missouri law without regard to conflicts of law provisions.