Welcome to the Civic Shout (a Simple Circle LLC product), ("Civic Shout," "Company," "we," "us," and "our") website (the "Website"). These Terms and Conditions are governed by our Terms of Service. BY USING CIVIC SHOUT'S SERVICES, WEBSITE OR CHATBOT YOU CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.
While Civic Shout strives to ensure that the information contained on the Website is accurate and reliable, Civic Shout makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of the Website. Civic Shout reserves the right to revise the information contained on the Website at any time, in its sole discretion, without any obligation to notify past, current or prospective visitors.
We reserve the right to change these Terms and Conditions from time to time without notice by posting the changes to the Website. When we do, we will also revise the "last update" date of these Terms and Conditions.
THE INFORMATION ON THE WEBSITE AND CHATBOT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
No advice or information, whether oral or written, obtained by a user from Civic Shout, shall create any warranty not expressly made herein.
Some of Civic Shout's Services require the use of third party services, products or networks. Civic Shout will make commercially reasonable efforts to communicate any policies, requirements or guidelines of those third parties to you. You agree to follow those policies, requirements or guidelines. ANY ACTUAL OR ALLEDGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. Civic Shout MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS ALLEDGED BY A THIRD PARTY.
IN NO EVENT WILL Civic Shout BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THE WEBSITE OR CHATBOT; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THE WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE WEBSITE OR CHATBOT, EVEN IF Civic Shout HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY ACTION IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST Civic Shout, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
You agree to defend, indemnify and hold Civic Shout harmless from and against any and all third party claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use of the Website.
Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by Civic Shout. Civic Shout has no control over these linked sites, is not responsible for the content of these sites, makes no representations or warranties with respect to these linked sites, and shall not be liable for any damages or injury arising from the contents of these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.
Unless otherwise noted, the graphic images, buttons and text contained in the Website are the exclusive property of Civic Shout. All rights reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of Civic Shout.
In the event you elect to communicate to us suggestions for improvements to the Website or any of Civic Shout's services or properties (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Civic Shout via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of Civic Shout. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect and maintain our rights to the Feedback and Communications.
Civic Shout and the Civic Shout logo are trademarks of Simple Circle llc. Other company, product, and service names mentioned in these documents may be trademarks and/or service marks of others.
You represent and warrant that all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Civic Shout is accurate, complete, and current. You further represent and warrant that you have all legal rights necessary to use the payment method provided by you, and you agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Civic Shout at the prices in effect when such charges are incurred. All payments through Civic Shout are processed using a third-party processor (Stripe.com). You acknowledge that Civic Shout is not liable for any breaches of credit card or debit card security or privacy. If there is a dispute regarding payment of fees to, or service rendered by, Civic Shout, your account may be closed without warning or notice at the sole discretion of Civic Shout.
September 10, 2018