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PayTrace Terms of Use

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The user agreement ("agreement") is a contract between you and the City of St. Louis Park ("city"), and applies to your use of PayTrace. You must read, agree with and accept all of the terms and conditions contained in the agreement. The city may amend this agreement at any time by posting a revised version on its website. The revised version will be effective at the time of posting.

Conditions of use

As the customer, you acknowledge that you will only use PayTrace to make payments on your own account(s). You also acknowledge that the information submitted is complete and accurate, and you understand that you may not obtain or attempt to obtain any materials or information through any means not intentionally or provided for through PayTrace.

Other websites

This website may contain links to other websites. The linked websites are not under the control of the city, and the city is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site.

Right to discontinue service

The city reserves the right to change or discontinue, temporarily or permanently, PaytTrace at any time without notice. You agree that the city will not be liable to you or any third party for any modification or discontinuance of the service.

Privacy

Under Minnesota law, all of the information that you provide is considered public and is available to anyone, except for the following: Information regarding your credit card

Your credit card information is private and will be provided only to you and to those people who need to know it in order to process your payments. This may include city employees, employees of applicable financial institutions, and other third-party service providers.

Other service providers

You agree that the city may use third-party providers, in its sole discretion, to perform services such as accepting and processing your payments. The service providers may require you to agree to their own terms and conditions. You expressly agree that the city is not responsible for the actions of any such service providers.

Disclaimer of warranties

You expressly understand and agree that: Your use of PayTrace is at your sole risk. The service is provided on an "as is" and "as available" basis. The city expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The city makes no warranty that (i) PayTrace will meet your requirements, (ii) PayTrace will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of PayTrace will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through PayTrace will meet your expectations, and (v) any errors in the technology will be corrected. Any material downloaded or otherwise obtained through the use of PayTrace is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the city or through or from PayTrace will create any warranty not expressly stated in these terms. To the extent that any part of this section is not consistent with any other part of these terms, then this section will control.

Limitation of liability

You agree that the city will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if the city has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use PayTrace; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from PayTrace; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of anyone on PayTrace; or (v) any other matter relating to PayTrace.

Indemnification

You agree to protect and fully compensate the city and its affiliates, and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of PayTrace, your violation of these terms or your infringement, or infringement by any other user of your account, or any intellectual property or other right of anyone.

Other

This agreement cannot be changed or any of the city’s rights waived unless the city agrees in writing or you continue using PayTrace following receipt of notice of any changes proposed by the city. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via email or conventional mail, at the discretion of the city. All notices to the city must be made in writing at our address below. If any provision of these terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of the State of Minnesota apply to this agreement. These terms are the entire understanding between you and the city about the PayTrace system and services.

Notices

All notices to the city shall be sent to the following address:

City of St. Louis Park
5005 Minnetonka Blvd.
St. Louis Park, MN 55416