TERMS OF USE and PRIVACY STATEMENT BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE. By agreeing to the Terms of Use hereunder, you (the "Customer" or "you"understand that this web site contains electronic payment options for services provided by the City of Dayton (the “City,” “we,” or “us”). Please check these Terms of Use frequently, as we may from time to time unilaterally amend the Terms of Use by posting revised language on the web site. Amendments will become effective at the time they are posted on the web site. If you breach any of these Terms of Use, we may terminate your right to use the web site. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the web site. 1. General. The web site offers functions, information and services to our customers. You may use the web site solely for your own internal business purposes and pursuant to these Terms of Use. You may view and download material displayed on the web site, provided you retain all copyright, trademark and other proprietary notices displayed on the materials. Use of these materials in publications, other web sites or presentations is prohibited without the City’s written consent. This web site is intended for invoicing for services provided by the City. 2. User Accounts. (a) The Services provided by the web site require information about Customer accounts and other personal information. Customer understands and acknowledges that the City may require you to establish independently one or more user accounts to access such Services (“User Account”). The City reserves 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 Services related to such User Account. (b) In connection with opening your User Account, you will either designate or receive, based on your instruction and request, a user name and password to establish your identity when you login. You agree (i) to provide accurate and complete information when opening a User Account; (ii) to update your information as necessary so it remains accurate and complete; (iii) not to impersonate any other person, operate under an alias, or otherwise conceal your identity; and (iv) to be responsible for safeguarding your user name and password and for storing and securing your information from disclosure to a third party. The right to use the functions of a User Account is limited to you as the enrolling party. You agree to be responsible for all acts or omissions with respect to use of your User Account. Please notify the City immediately if you believe the security of your user name or password has been compromised in any way. 3. Services and Payment Responsibilities of Customer. (a) Customers can access City invoices to Customer. (b) Customer can make payments online using credit cards. Payments are accepted via ACH and U.S. mail as indicated on the invoice. (c) Customer agrees that by enrolling in the web site and accepting the Terms of Use, timely payments by customer will continue to be made regardless of Customer’s failure to review any invoices uploaded to the web site. It is the Customer’s sole responsibility to check and review any invoices on the web site. 4. All content on the web site, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software and code, is the copyrighted property of the City and is protected by U.S. and foreign copyright laws and international conventions. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs and other identifiers used and displayed on the web site are trademarks of the City. Any unauthorized use or display of materials on this web site may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations or statutes. Except as allowed in these Terms of Use, such content may not be used, displayed, reproduced, modified, edited, distributed, republished, downloaded, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of the City. 5. When you login to the web site, any personal information you enter in fields or forms provided in these Services are secured using an industry standard security technology known as Secure Sockets Layer (“SSL”). By using SSL, we attempt to safeguard the confidentiality of your user name, password and other personal information. For SSL to work, your browser must be capable of supporting SSL. You will need a computer with Internet access and a personal email address. In addition, you will need a browser that meets the following requirements: Netscape version 4.0 or higher or Microsoft’s Internet Explorer version 4.0 or higher. Your browser must support such encryption. 6. In the City’s sole and absolute discretion, we may, without notice, restrict or terminate any person’s use of the web site and any service, user accounts, user name or passwords. Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of termination. 7. Disclaimer of warranties. (a) The web site and any content, information, software, functions and applets provided on or through the web site are made available on and “as is” and “as available” basis. The City does not warrant the web site or any content or service provided in connection with the web site will be timely, secure, uninterrupted or error-free, or that defects in the web site or in any content or service provided on or through the web site, if any exist from time to time, will be corrected. (b) The City will not be responsible for errors, omissions, interruptions, deletion, defect or delays in the operation or transmission of the web site, any services or related content, for communication line failures, or for computer viruses associated with the operation of the web site. The City makes no warranty regarding any information made available through or on the web site. The City MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEB SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. (c) No City employee, agent, representative, or any third party is authorized to create any warranty of any kind not expressly made in these Terms of Use. 8. Limitation of Liability. The City, it officers, employees, agents, successors, or assigns will not be liable to you or any third party for any loss of damage including but not limited to direct, indirect, consequential, incidental, exemplary, special or punitive damage (including without limitation damages resulting from lost data, lost profits or costs of procurement of substitute products or services), regardless of whether the City has been advised of the possibility of such damages arising out of or in connection with the web site or any of the services available on or through the web site or any information that you have stored on the web site. 9. Indemnity. You agree to defend, indemnify, and hold harmless the City, its officers, employees, agents, successors, or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from your use of the web site or the placement, storage or transmission of any message, information or other materials or content on or through the web site by you or users of your User Account or related to any violation of these Terms of Use by you or users of your User Account. 10. Confidentiality and Privacy. You agree by using this web site you may have incidental or accidental access to information which may or may not pertain to you. To the extent you may come into contact with such information, you agree to maintain confidential and not disclose any such information to any other party, besides the City during your use of the web site and such obligation shall continue even after you stop using the web site. The City respects your privacy and is committed to protecting the person information you share with us. The City will not share or disclose any information provided by you to us with any other party, except within the normal course of activities in accordance with these Terms of Use. Your information will not be used for any solicitation or marketing purposes. 11. Other. (a) You are responsible for compliance with applicable laws of the location from which you use this web site. These Terms of Use will be governed by the substantive laws of the State of Ohio, regardless of whether you reside or transact business with the City in Ohio or elsewhere. (b) You agree the courts located in Montgomery County, Ohio, will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of the web site, and you agree to submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to its reasonable attorneys’ fees and costs. (c) If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. (d) The Terms of Use state the entire agreement between you and the City and contemporaneous agreements and understandings relating to the subject matter of these Terms and of Use are merged into these Terms of Use.