Terms and Conditions of Use Agreement February 20, 2020
The following Terms and Conditions of Use Agreement (hereinafter referred to as "Agreement") describes the terms and conditions of use for any individual or entity (hereinafter referred to as "Customer") using this Online Tag Renewal Service offered by Syscon, Inc. (hereinafter referred to as "Syscon" or "Service"). By using the Service, Customer indicates its accept of this agreement.
1. Changes to the Agreement
Customer acknowledges and agrees that Syscon reserves the right to change the Agreement at any time and without notice. Syscon shall post any revised Agreement online and any such revised Agreement shall control the use of the Service subsequent to such posting. Customer is solely responsible to know and follow the requirements of the Agreement. Use of the Service constitutes Customer acceptance of the then current version of the Agreement.
2. Use of the site
This Web site (www.tagpayments.com) and its contents (the "Content") are intended for customers of Syscon, Inc. You may not use this Web site or the Content for any purpose not related to your business with Syscon, Inc. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with Syscon; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Syscon product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in Syscon's discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.
3. Internet software and computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.
Syscon, Inc. shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Syscon recommends that you install appropriate anti-virus or other protective software.
4. Description of Service
The Syscon service consists of an Internet-based system for processing online payments from individuals in order to renew their license plate tags. The Service is intended as a convenience for customers who wish to avoid the necessity of visiting the office responsible for tag renewal.
5. Payment Transaction
When Customer uses the Service, certain information will be required. This information will only be used to complete Customer transactions and will be subject to the Syscon privacy policy that can be found at https://www.tagpayments.com/privacy-policy .
6. License and Use
Syscon hereby provides Customer a non-exclusive, non-transferable limited license for use of its Service. Customer is responsible for any hardware, software, communications equipment or other services that are required to access the Syscon service. This includes, but is not limited to, any connection costs for Internet access. While Syscon will make every reasonable effort to allow continuous access to the Service, Syscon reserves the right at any time and from time to time to modify or discontinue the Service. Customer agrees that Syscon will not be liable for any damages claimed by Customer as a result of any disruption, cancellation, or failure of the Service. Customer acknowledges that access to the Syscon service is through the Internet and/or through telephony devices which are not controlled by Syscon and Syscon shall not be responsible or liable to Customer with regard to the unavailability of Service as a result of any failure of the Internet or any third party providers of telephony or other services.
7. Customer's Obligations Regarding Use of Service
Customer shall be solely responsible for insuring that any of its legal obligations relating to any transaction are handled in an appropriate and timely manner. Customer agrees that Syscon will not be held liable for any damages relating in any manner to Customer's use of the Service. Any issues or problems arising between Customer and syscon relating to declined payment authorizations are to be addressed and rectified by Customer with Syscon. Customer agrees not to attempt to gain unauthorized access to the Syscon Service or to interfere with or disrupt the Service in any way.
Customer agrees that if Customer violates any of the above representations, warranties or obligations, that Customer will indemnify and hold harmless Syscon against any loss suffered by Syscon or any third party, as well as any claims or action arising from any unlawful or improper use of the Syscon service. Such indemnification shall include reasonable attorney's fees incurred by Syscon in defending its rights or any third party action resulting from Customer's acts or omissions. Customer agrees not to reproduce, copy or resell for any purpose any portion of the Syscon service. Customer acknowledges and agrees that there is certain proprietary and confidential information regarding delivery of the Service that may be protected by intellectual property laws and that Customer has a limited use license that is not transferable to another party without the written consent of Syscon.
8. Payment of Fees
The Syscon service is made available to Customer for a nominal convenience fee for each renewed tag. The amount of the fee is based on a fee schedule on our website. Syscon reserves the right to change the fee and schedule to institute new fees at any time.
9. Refunds
Under no circumstances does Syscon provide refunds to Customers.
10. Web Site and Materials Provided "As Is"
THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SYSCON, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
11. Limitation of Liability and Limited Warranty
Syscon shall not be held liable for any indirect, consequential, exemplary, special, incidental, personal injury or punitive damages, (including without limitation, lost business, revenue, profits, or goodwill) arising in connection with this agreement or the services hereunder (including any Service implementation delays/failures), under any theory of tort, contract, warranty, strict liability, negligence, or any other legal or equitable theory, even if the party has been advised of or knew or should have known of the possibility of such potential damages.
Each party acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section, all references to Syscon and Customer include their respective Affiliates, End Users, agents, officers, directors, shareholders, employees, and Service Providers.
Because of the difficulty in ascertaining damages or even the true cause of such damages, it is agreed that Syscon's liability to the Customer for any losses or damages, whether direct or indirect arising out of the Agreement, shall in no case exceed the convenience fees paid to Syscon any transaction in dispute.
THERE IS NO OTHER WARRANTY, EXCEPT FOR THE EXPRESS WARRANTIES AND UNDERTAKINGS SET FORTH HEREIN. CUSTOMER'S USE OF THE SERVICE IS AT ITS OWN RISK. SYSCON, ON BEHALF OF ITSELF AND SUBCONTRACTORS, IF ANY, DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPIED WARRANTIES OF MERCHANTABILITY, OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SYSCON DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
This limited warranty gives you specific legal rights; you may have other rights that vary from state/jurisdiction to state/jurisdiction. Additionally, some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in which event certain of the above limitations may not apply to you.
Customer is solely responsible for any third party claims arising from Customer's use of the Service and agrees to indemnify and hold Syscon, including its subsidiaries, affiliates, officers, directors, associates, content providers, and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of Customer's use of the Service. Customer is solely responsible for any damage done to Customer's computer or any other computer Customer uses to access the Service and for any loss or damage to data that results from the use of the Service.
Customer fully understands and acknowledges that the performance of the Syscon service is solely based on the total performance of communication providers including: telephone providers, circuits, switches, Internet backbone carrier lines, connections, hubs, interchanges and routers which are owned or operated by third parties; and any or all of which may, at any time, be unavailable or overburdened by network traffic. Therefore, Customer agrees that Syscon cannot and will not assume any liability related to the delay or failure of delivery of data through the Service due to the above or any other reasons such as interception or interruption of data delivery. This section shall supercede any paragraph or any section of the Agreement that may be deemed inconsistent with it.
12. Merger/Jurisdiction
This agreement is the entire agreement between Customer and Syscon and supersedes any prior agreements or understandings, either written or oral. The agreement will be governed in all respects by the laws of the United States and the State of Alabama. Customer consents to the exclusive jurisdiction of the Alabama State courts and U.S. Federal courts within the State of Alabama for any dispute arising out of this Agreement. This Agreement may not be assigned or sublicensed by Customer without Syscon's prior written consent. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney's fees.