- Children. The Sites and related services are not aimed at nor intended for children under the age of thirteen (13). If you are under the age of thirteen (13), please DO NOT USE the Sites. NIC does not accept registration from children under the age of thirteen (13) and no one under the age of thirteen (13) may provide any information to or through the Sites. If you are above the age of thirteen (13) and under the age of eighteen (18), you must obtain parental consent before using the Sites.
- Copyrights and Trademarks. All content and materials on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of NIC and/or its third party licensors and protected by United States and international copyright laws. All trademarks, trade dress, service marks, and trade names are proprietary to NIC and/or its third party licensors. The content and materials are intended for your personal, noncommercial use. You may make one copy of the materials displayed on the Sites for your personal, noncommercial use only. No right, title or interest in any content or materials is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell, or distribute in any way the content and materials on the Sites.
Restrictions on Use. You agree to use the Sites and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using the Sites and related services. While using the Sites and related services, you will not:
- Violate any laws, regulations, third party rights (including intellectual property rights), or NIC’s policies;
- To the extent an App or Website allows you to post or upload content, post or upload any content that is libelous, defamatory, harmful, harassing, threatening, false, misleading, or discriminatory;
- To the extent an App or Website allows you to post or upload content, post, use, or upload any content that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, rights of privacy, or proprietary right of any party;
- Affect us adversely or reflect negatively on any App, Website, NIC, our goodwill, name, or reputation;
- Display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Sites, use of the Sites, or access to the Sites; or
- Modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Sites or the rights or use and enjoyment of the Sites by any other person, firm, or enterprise (collectively, “Person”); or collect, obtain, compile, transmit, reproduce, delete, revise, or display any material or information, whether personally identifiable or not, posted by or concerning any other Person in connection with use of the Sites, unless you have obtained the express, prior permission of such other Person.
- Registration and Account Information. To use the Sites and services offered through the Sites, a User must provide an email address to NIC, or register and create an account. To register and create an account (“Registered Account”), you must create login credentials (a username and password) and provide personal information, including your email address and mobile device or telephone number. As a registered User, you must maintain confidentiality of your login credentials and will remain responsible for all activities that occur under your Registered Account. Should you become aware of or suspect any unauthorized use of your Registered Account, you will immediately notify NIC. You will ensure that you exit from your Registered Account at the end of each session when accessing the Sites and additional services. In connection with the foregoing and in consideration of your use of the Sites, you agree to: (a) provide true, accurate, current, and complete registration and account information about yourself as prompted and required by the Sites; and (b) provide any updates to your registration and account information to keep it true, accurate, current, and complete.
- Accuracy of Information. While NIC strives to provide accurate information, we cannot and expressly do not guarantee that materials and information, available through the Sites and services offered through the Sites, will be accurate, timely, or complete. You agree that NIC is not responsible for any consequences arising from your reliance on the accuracy of any materials and information available through the Sites and services offered through the Sites.
- Modifications to the Sites. NIC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (including the Gov2Go App, Gov2Go Website, any App, any Website, and any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the features or services of the Sites, and (ii) NIC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites.
Representations. By submitting Payment Account information, you are representing and warranting to NIC with respect to each such Payment Account that:
- As a Payment Accountholder, you are a living individual or valid legal entity in good standing, and you have accurately and truthfully identified such individual or entity herein;
- Any information you provide is accurate and complete and that your Payment Account is open, validly issued, and in good standing;
- You are legally authorized to make payments using your Payment Account;
- Your use of the Payment Service will not violate any local, state, national, or international laws or regulations; and
For a Payment Account that is a bank account, you also represent and warrant to NIC that:
- Such bank account is able to accept electronic debits;
- NIC or its agent is authorized to electronically debit the Payment Account, and if necessary, to credit such accounts to correct any erroneous debits using an Automated Clearing House ("ACH") debit entry;
- NIC or its agent may re-debit the Payment Account for the payment in the event such is dishonored by your financial institution, and NIC is additionally authorized to charge the maximum return item processing fee according to the applicable laws in your state; and
- If your Payment Account is configured for corporate service, you understand and agree that the “Originating ID” for transactions using the service will be shown as “Not Applicable.” Accordingly, you agree to make sure your banking institution has released any debit blocks (if applicable) for this Originating ID to ensure successful payment.
- Additional Authorization. By ordering any goods or services through any of the Sites, you agree that you are authorizing NIC to take the appropriate action to charge your Payment Account for the fees or charges associated with such transaction(s).
- Revocation of Authorization. You may revoke your authorization with respect to any particular Payment Account at any time by logging into your Registered Account and deleting the applicable Payment Account. If you have any questions, you may send an email to email@example.com.
LINKS, THIRD PARTY INFORMATION, INFORMATION PROVIDERS, AND LISTED RESOURCES
NIC or third parties may provide links to or incorporate information from other websites or resources on the Internet through the Sites. NIC has no control over such websites or resources. As such, you agree that we are not responsible for the availability of other external websites or resources and are not responsible for any content, information, advertising, products, or materials on or available or incorporated from such websites or resources. You access and use the other linked websites, information, and resources at your own risk.
Additionally, your transactions, correspondence or business dealings with, or participation in any promotions of information providers, government entities, vendors, and/or resources found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely and exclusively between you and such information provider, government entity, vendor or resource. You acknowledge and agree that NIC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider, government entity or resources found on or through the Sites.
REVIEWS, COMMENTS, AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding the Sites and related services. Please contact us with any comments and feedback at the address listed below under Section XIII (Notices) or using the contact information available on each App or Website, if and where available. We do not, however, accept confidential or proprietary information. All comments, feedback, suggestions, ideas, materials, information, and other submissions (e.g., postings or comments through the Sites, chat, web forums, or other methods), disclosed, submitted, or offered to NIC using any App or Website or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. NIC shall not be liable for any use or disclosure of any Submissions. The disclosure of Submissions will constitute an assignment to NIC of all rights, title, and interest and goodwill in and to the Submissions without compensation to the provider of such Submissions. Submissions by you must not violate any right of any third party, and not contain any libelous, abusive, obscene, or otherwise unlawful material.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITES AND RELATED SERVICES ARE PROVIDED BY NIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. NIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARDS TO THE SITES AND RELATED SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NIC EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO THE SITES AND RELATED SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SITES AND RELATED SERVICES IS AT YOUR SOLE RISK. NIC IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INCORRECT INFORMATION POSTED ON OR THROUGH ANY APP OR WEBSITE. NIC IS NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF OR RELIANCE ON ANY INFORMATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NIC USES REASONABLE EFFORTS TO MAINTAIN THE SITES AND RELATED SERVICES BUT NIC IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE SITES, RELATED SERVICES, RELATED TECHNOLOGY, ANY CONTENT POSTED USING THE SITES, ANY PART OF THE FOREGOING, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE SITES MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF NIC OR WHICH ARE NOT FORESEEABLE BY NIC.
NEITHER NIC NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Unless otherwise specified, the materials and information contained in and/or on the Sites are presented solely for Users residing in the United States and are related to services or programs in the United States. In using and accessing the Sites, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Certain software or other materials that you may obtain through this Sites may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulation and you will not transfer, encourage, assist, or authorize the transfer of any software or materials to a prohibited country or otherwise in violation of any applicable restriction, law, or regulation.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that the Sites contain elements that infringe your copyrights, please provide NIC’s designated copyright agent with the following information in writing:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NIC DMCA Agent
c/o Stinson Leonard Street
Stinson IP Administrator
Kansas City, MO 64106
Attention: NIC Designated Copyright Agent
By phone: (816) 842-8600
By fax: (816) 691-3495
By email: DMCA@stinsonleonard.com
For additional information regarding this procedure, please reference 17 U.S.C. § 512.
- Limitation on Time to File. YOU AGREE THAT IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein.
- Injunctive Relief. Notwithstanding anything to the contrary, NIC retains the right to seek injunctive relief if you use the Sites in violation of the access rights or the restrictions on use, infringe upon or misappropriate NIC’s intellectual property rights, or breach your obligation to maintain the confidentiality of NIC’s confidential or proprietary information made available to you through the Sites.
- Severability. If a particular term or condition is deemed not enforceable, invalid, or void, that term or condition shall be deemed severable and not affect the validity and enforceability of any remaining terms or conditions.
25501 West Valley Parkway
Olathe, KS 66061