TERMS AND CONDITIONS OF SERVICE

 

ACCEPTANCE OF TERMS

 

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. THE COLUMN TO THE RIGHT IS FOR YOUR CONVENIENCE AND IS ONLY A SHORT EXPLANATION OF THESE TERMS, AND IS NOT LEGALLY BINDING. BY USING THE CNVERG.COM WEBSITE (“WEBSITE” OR “SERVICE”), ALL SERVICES OF MUNI TECH, LLC (“COMPANY”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE (“TERMS OF SERVICE”), INCLUDING ANY SUBSEQUENT MODIFICATIONS AND CHANGES TO THEM. THE SERVICE, WEBSITE AND THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SERVICE AFTER THE POSTING OF ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS OF SERVICE CONSTITUTES YOUR ACKNOWLEDGMENT OF SUCH AMENDMENTS AND MODIFICATIONS AND YOUR AGREEMENT TO ABIDE, AND BE BOUND, BY THESE TERMS OF SERVICE AS SO AMENDED AND MODIFIED. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE AS THEY EXIST ON THE DATE OF YOUR USE OF THE WEBSITE, THEN DO NOT USE THE CNVERG.COM WEBSITE OR SERVICE.

 

 

  1. Third-Party Materials on the Website.

 

This Website and Service may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to you. Company has not

tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall Company be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials. The Company has an optional integration with GitHub, Inc’s “GitHub” platform. If you choose to access GitHub through the Service, note that the Service will access your data from GitHub through webhooks via SSL. If you disconnect your GitHub account from the Service, the company will delete all related data and information within 60 days.

 

  1. Unauthorized Material on the Website.

 

A possibility exists that the Website could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Website by unauthorized third-parties. Although Company attempts to ensure the integrity of the Website, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Website. If the event that such an inaccuracy arises, please inform us so that it may be corrected.

 

  1. Trademarks.

 

GitHub, Inc. and the Octocat logo are registered trademarks of GitHub, Inc in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s name, logos, trademarks or other intellectual property displayed on the Website except as expressly provided herein or by obtaining the written permission of Company or such other third party owner, as applicable. You acknowledge that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

 

  1. Privacy and Protection of Personal Information

 

You acknowledge and agree that the Company may send occasional communications regarding your account or the Service by email. See the Privacy Policy, which is incorporated by reference into this agreement for details, and also available at https://cnverg.com/privacy.

 

  1. Member Account, Password and Security

 

You must create an account and register as a user to access the Service. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will be required to choose a password and are entirely responsible for maintaining the confidentiality of your password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Company immediately of any unauthorized use of your Account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.

 

  1. Payment Transaction Processing

 

Certain products or services may be offered for sale on the Web Site and Service, such as your Account Membership. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.

 

Some services offered by Company are subscription-based services. For subscription-based Services offered by Company, such as the Account Membership, you hereby agree to pay all charges to your Account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

 

 

If you are using a paid tier of Cnverg, you need to supply us with more information. We don’t store your credit card information, and use Stripe for processing payments. We have monthly and annual billing for our subscription plans, with auto-renew. You authorize us to charge your payment method for use of paid tier versions of Cnverg. If you cancel an annual plan early, you will get refunded the remainder, after we adjust to account for the discount you received by subscribing to an annual plan.

 

By providing payment account information, you thereby authorize the charge to your credit card or other account as necessary to complete the process for your payment transaction. You also authorize Company to use your payment account information to renew automatically renewing subscription Services on the Web Site in addition to processing any credits such refunds or adjustments. You shall be responsible for all charges incurred through your Account as well as for paying any applicable taxes.

 

  1. Automatic Renewal Terms

 

Your subscription will be automatically renewed and your credit card will be automatically charged on a monthly or annual basis (or such other periodic basis as is listed on the Web Site and/or Service sign-up), depending upon the billing terms for your subscription, for as long as you remain a member. You agree that Company will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card or other account (such as your PayPal account) has been charged.

 

Your right to use the Service or other specific product or service is conditional upon our receipt of payment. If payment cannot be charged to your credit card (or other account), or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all Company obligations hereunder. You are required to pay any amounts still owed to us at the time your Account is suspended or terminated.

 

Cnverg will not issue cash refunds for early account cancellation on annual plans for any of the period of time the Service was used, including discounted rates for the annual basis plans. If a customer decides to terminate an annual plan early, the company will credit the remaining months, less the amounts allocated as a discount for pricing for an annual plan, and treat the entirety of the Service used as on a month-to-month billing basis, pro-rated for the total amount used of the current month. If you have a question about charges made to your account, please contact us. If the charges were made in error, we will credit your account or credit card account for the appropriate amount.

 

  1. Your Termination of Subscription

 

You may cancel the automatic renewal of your subscription through the Billing tab found in the "MY ACCOUNT" section of your account, and changing your plan. Terminations are not retroactive, and unless the billing plan specifies otherwise, you will not be entitled to receive any refund of amounts paid although you will be entitled to access to the subscription service for the remainder of your paid term. If you have an outstanding balance due on any Company Account at the time of cancellation, you hereby agree that Company may charge these unpaid fees to your credit card or other payment account.

 

In order to review the billing terms of your Account, go to the Billing tab, accessible in the “MY ACCOUNT” section of your account.

 

  1. Company Termination/Access Restriction

 

The Company reserves the right, in its sole discretion, to terminate your access to the Web Site or any of the Services and the related services or any portion thereof at any time, without notice.

 

The Company may also terminate or suspend your access to the Web Site or the Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Company.

 

You can cancel your plan at any time by changing your plan

 

  1. No Unlawful or Prohibited Use

 

As a condition of your use of the Web Site and Services, you will not use the Web Site or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site or Services in any manner which could damage, disable, overburden, or impair the Web Site or any of the Service(s) (or the network(s) connected to the Web Site and Service(s)) or interfere with any other party's use and enjoyment of the Web Site and Service(s). You may not attempt to gain unauthorized access to the Web Site or any Service, other accounts, computer systems or networks connected to the Web Site or any Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site or Services. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Web Site or any Service (including a Communication Service, as defined below) if you are not expressly authorized by such party to do so.

 

  1. Acceptable Use Policy

 

See the Acceptable Use Policy at https://cnverg.com/acceptableuse for information about a Member’s acceptable use of the Communication Methods (as defined in the Acceptable use Policy) at the Website.

 

  1. Intellectual Property and Submissions Provided to Company or Posted at the Web Site or through the Service

 

The Company does not claim any intellectual property rights or ownership of the materials you provide to the Company or Service (including feedback and suggestions) or post, upload, input or submit to the Web Site or Service or its associated services (each a "Submission" and collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

You acknowledge that the Company owns all rights to, title, and interest in the Service, including and without limitation intellectual property rights, protectable by United States and international intellectual property laws and treaties, and that you specifically agree that by using the Service you will not copy, reproduce, alter, modify, or create derivative works from the Service.

 

  1. No Warranty.

 

This Website, including any content and information contained within it, any Website related Service and any third-party product or service made available through the Website, is provided on an “as-is” basis and Company makes no representations or warranties as to the suitability, accuracy, timeliness, completeness, or reliability of the same   Nor does Company make any representations or warranties that access to this Website or materials contained on this Website or Service is uninterrupted, error-free or secure. Company makes no representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree that your use of this Website and any materials contained on this Website or your use of any Website related service or any third-party product or service made available through this Website is at your own risk.

 

  1. Limitation of Type of Damages.

 

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, MALFUNCTIONS, DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS, PROFIT OR ANTICIPATORY PROFITS, ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE FOR SUCH SERVICES.

 

  1. Limitation of Amount of Damages

 

YOU AGREE THAT, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS OR A REFUND OF PURCHASE PRICE.

 

  1. Jurisdiction.

 

By entering this Website, you acknowledge and agree that Company operates this Website from its offices within the United States of America and that this Website and Service is intended for viewing within the United States, and will only be construed and evaluated according to United States law. Company makes no representations that the materials on this website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. You may not use this Website in violation of United States export laws and regulations. This agreement and use of this Website shall be governed by the laws of the State of Delaware, without giving effect to its conflicts-of-laws provisions, and all users of this Website submit to the exclusive personal jurisdiction and venue of the Federal and State courts of the State of Delaware with respect to any matters related to use of this Website or to these Terms of Service.

 

  1. Indemnification

 

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, due to or arising out of (i) your use of or conduct on the Web Site and/or Services, including but not limited to any allegation that any materials that you submit to Company or post in any Communication Method infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (ii) your use of software robots, spiders, crawlers or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on the infrastructure or is a breach of Paragraph 10.

 

  1. Consent to Receive Notices Electronically by Posting on the Site or Via E-mail

 

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these terms refer from us electronically including without limitation by e-mail or posting notices on this Site. You agree that all notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by e-mailing us at support@cnverg.com and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms of Service, including, without limitation, the licenses to use the Website set forth above, shall automatically terminate in that we cannot provide the benefits of the Website to any party that does not consent to receipt of electronic notices.

 

Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed

under the Privacy Policy.

 

  1. Copyright Notice

 

We respect the intellectual property of others.   If you believe that a work has been copied by another party on the Website in a way that constitutes copyright infringement of your work, please go to https://cnverg.com/copyright to find out how to notify us of your claimed infringement.

 

These Terms of Service were last modified as of10/29/2015 4:03:58 PM.

 

Copyright Infringement Notice Policy

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent the following information:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;

 

  1. A description of where the material that you claim is infringing is located on the Web Site;

 

  1. Your address, telephone number, and email address;

 

  1. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

  1. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Send this information to:

 

By mail:           Cnverg

                        605 N. Market St.

2nd Floor

                        Wilmington, DE 19801

By email:        DMCA@Cnverg.com

 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

 

Acceptable Use Policy – Use of Communication Methods

 

The Web Site and Services are provided to you, your company and customers, for both personal and commercial use, which must be used in compliance with any and all applicable laws, rules, regulations, and must not infringe upon or violate the rights of third parties. The Service may contain e-mail services, bulletin board services, chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Methods"). You agree to use the Communication Methods only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Method. By way of example, and not as a limitation, you agree that when using a Communication Method, you will not:

 

 

 

 

 

 

 

 

 

 

 

 

 

Company has no obligation to monitor the Communication Methods. However, Company reserves the right to review materials posted to a Communication Method and to remove or alter any materials in its sole discretion at any time for any reason. Company reserves the right to terminate your access to any or all of the Communication Methods at any time, without notice, for any reason whatsoever.

 

Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Method. Company does not control or endorse the content, messages or information found in any Communication Method and, therefore, Company specifically disclaims any liability with regard to the Communication Method and any actions resulting from your participation in any Communication Method. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

 

Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.

 

Materials uploaded to a Communication Method may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

 

 

 

In other words…

 

All websites and apps have terms, and these are ours. You must accept these terms to use Cnverg.