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Terms & Conditions
Privacy Policy

Terms & Conditions

TERMS OF USE AGREEMENT

Thank you for downloading the MyHBPW application and reading this Terms of Use Agreement (“Agreement”). Your access and use of MyHBPW (the “Application”) is subject to your compliance with the following Agreement and all applicable laws. If you do not want to agree to these terms and conditions, you must not access or use this Application. By accessing and downloading the Application, you accept, without limitation or qualification, that these terms and conditions may be revised at any time. Your continued use of the Application following the posting of any such revisions means that you accept and agree to the revisions. Your use of the Application is at your own risk.

In accessing and using the Application, users may provide personal information (including but not limited to names, addresses, email addresses and phone numbers) to the Holland Board of Public Works, also known and referred to herein as HBPW. Any and all personal information transmitted by the Application is subject to our Privacy Policy, which can be found by clicking on the "Privacy Policy" link.

By using this Application, you consent to all actions taken by HBPW with respect to your information in compliance with the Privacy Policy.

This Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the HBPW, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Any links to third party websites contained in the Application are intended for informational purposes only. HBPW has no control over such third-party websites, makes no representations about such websites, does not endorse such websites and assumes no responsibility for any content or materials on or available from such websites.

HBPW expressly disclaims all warranties of any kind, whether express or implied, in connection with the content and services provided on or through the Application, including but not limited to warranties of merchantability, non-infringement, and fitness for any particular purpose. The information posted on this Application and in emails generated from this Application is given as of the date hereof. While HBPW strives to keep the information on the Application accurate, complete, and up to date, HBPW makes no warranty as to the accuracy of this information or otherwise, and assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur. HBPW makes no warranty that the quality of the information or materials obtained by you through this Application will meet your expectations. Any information obtained through the use of the Application is done at your own risk, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material.

HBPW, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns shall not be liable for any direct, indirect, special, incidental, reliance, consequential, or exemplary damages, including, but not limited to: loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as in contract, negligence or tort action, arising out of or in connection with this Agreement, your use of, or inability to use, the Application, or any websites linked to it, or any services or items obtained through this Application or such other websites.

You agree to defend, indemnify and hold harmless HBPW, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Application.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE HBPW (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH THE HBPW UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING INDIVIDUAL ARBTRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND THE HBPW HEREBY EXPRESSLY WAIVE TRIAL BY JURY, DISCOVERY, AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND THE HBPW WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in “small claims” court for Ottawa County, if permitted by that small claim court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor the HBPW will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

This Agreement may be revised at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Application. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The HBPW does not and will not assume any obligation to notify you of changes to this Agreement.

You agree to be bound by any affirmation, assent, or agreement you transmit through this Application, including but not limited to any consent you give to receive communications from the HBPW or its agents solely through electronic transmission. You agree that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

This Agreement and the Privacy Policy constitute the entire agreement between you and Holland Board of Public Works with respect to your use of the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the HBPW with respect to this Application. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Holland Board of Public Works to exercise or enforce any right or provision of the terms and conditions of this Agreement shall not constitute a waiver of such right or provision. The HBPW does not waive any right at law, equity, or statute relating to non-payment for its utility services. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the parties agree all other provisions of this Agreement shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Application or this Agreement must be filed within one (1) year after such claim or cause of action arose, otherwise, such claim or cause of action is permanently barred.

Any questions regarding this Agreement should be directed to customerservice@hollandbpw.com

Privacy Policy

This Privacy Policy governs how Holland Board of Public Works ("HBPW", "we", "our" or "us"), uses Personal Information obtained from Customers who use our products and services, including our mobile software applications that are used in connection with our products (collectively, our “Service”). Furthermore, this Privacy Policy explains what Personal Information we receive and collect and how we use, process, retain, and transfer such Personal Information.

HBPW is fully committed to using its best efforts to maintain privacy protection and management of any Personal Information that is shared with us as a result of using our Service. As used in this Privacy Policy, "Personal Information" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a phone number, an email address, and other contact information.

1. End User License Agreements. This Privacy Policy forms part of the Terms of Use Agreement or other licensing agreement that we enter into with our Customers. Capitalized terms not defined herein shall have the meaning ascribed to them in the Service Agreement.

2. Modification and Changes in Policy. HBPW reserves the right, at our discretion, to change the terms of this Privacy Policy at any time. Such change will be effective ten (10) days following the earlier of: (1) our posting of the revised Privacy Policy on our website at www.hollandbpw.com (the “Site”) or (2) an email notification to our Customers.

3. Collection and Receipt of Personal Information. We may receive and/or collect Personal Information in the following ways:

3.1 Customer Account Set-Up and Account Use: HBPW may collect certain Personal Information that a Customer chooses to provide as part of setting up and maintaining a Customer account to use the Service. This Personal Information may include a user ID, name, email address, phone number, address and other Personal Information that the Customer chooses to make available in connection with use of the Service. In order to access and use the Service, a separate user name and password will be created for individual Customers.

3.2 Location Based Services: Some of HBPW’s Service products (individually “Location Based Service”) are dependent on data related to the geographic location of the mobile device on which the Service is being used ("Location Data"). We use various technologies to determine location, such as global position system (GPS) signals, Wi-Fi access points, and cell tower ids. If you choose to use these Location Based Services, you agree that we may receive Location Data. If you don’t want us to receive your Location Data, you may re-configure the settings on your mobile device to turn off location-sharing features. However, please be aware that turning off device location-sharing features may result in the inability to use our Location Based Service and your use of the Service may be negatively impacted.

3.3 Log Files: Our Service may make use of log files. The information inside the log files may include internet protocol (IP) addresses, application times taken to process Service user requests, Service user action details along with input parameters for debugging, Device IDs, public telephone numbers (PTNs), browser types, date/time stamps, referring/exit pages, clicked pages and any other information that a browser may send to us.

3.4 Cookies: The Service may utilize session "cookies" for authentication validation purposes. A "cookie" is a small text file that may be used, for example, to authenticate access to the Service. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. Please be aware that if you choose to block a cookie, your login attempt to the Service may be unsuccessful.

4. The Way We Use Personal Information.

4.1. Customer Information: We only use the Personal Information of a Customer to: (1) contact the Customer, (2) provide our Service to the Client, and (3) to identify and authenticate the Customer's access to our Service.

4.2. Affiliates: We may transfer Personal Information to the subsidiaries and affiliated companies (each an “Affiliate”) that are within the HBPW group of companies, but only for the purpose of providing our Service. . Our Affiliates are required to process any such Personal Information in compliance with this Privacy Policy. Notwithstanding the foregoing, we will comply with applicable laws regarding Personal Information transfers as well as any transfer restriction that is specified in a specific Service Agreement between HBPW and a Customer.

4.4. Partners and Third Party Providers: We may transfer Personal Information to our third party service providers and partners, but only for purposes of carrying out our business operations and to enable us to provide our Service. Notwithstanding the foregoing, HBPW will comply with applicable law regarding Personal Information transfers as well as any transfer restriction that is specified in a specific Service Agreement between HBPW and a Customer. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that also instate a privacy policy governing their use and processing of Personal Information.

4.5. Retention of Personal Information: We reserve the right to retain any Personal Information and other Service-related data in order to: (1) fulfill the purposes that are described in this Section 4 of this Privacy Policy, and (2) to comply with applicable law.

4.6. Other Disclosures: We may disclose your Personal Information or any information that is submitted to us via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our End User License Agreement, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of HBPW, our users, or the public.

5. Anonymous Information. Anonymous Information means any information which does not enable identification of an individual user, such as aggregated information, about use of the Service. We may use Anonymous Information or disclose it to third party service providers, to provide, improve and develop our Service, including analyzing trends and gathering demographic information.

6. Push notifications. If you access the Service via your mobile device, you may receive push notifications from HBPW. If you no longer wish to receive push notifications, you can disable them by re-configuring the settings on your mobile device to turn off push notifications for a specific mobile application. However, please be aware that if you choose to turn off push notifications, your use of the Service may be negatively impacted.

7. Opting-Out of Promotional Emails. You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request) that are necessary to facilitate use of the Service.

8. Customer Choice. Each of our Service users may choose whether or not to provide or disclose Personal Information in connection with its use of the Service. If a Service user chooses not to provide the Personal Information we request, it may still visit and use parts of the Service, but may be unable to access or use certain features, options, programs, and services that involve our interaction.

9. Access and Accuracy - Customers. To the extent that we are provided with Personal Information, we wish to maintain accurate Personal Information. Our Customers may log into their Service account and use the Service tools to access or correct a material inaccuracy in certain Personal Information that we may be storing. If a Customer would like to access, delete or correct any other Personal Information that we may be storing, the Customer may submit an access request by sending an email to customerservice@hollandbpw.com. The email should include adequate details of the request.

10. Links to Other Sites and Third Party Advertisements. Third party advertisements may appear on some pages of the Service, for example on the Service account log-in page. Such third party advertisements, and other parts of the Service (for example, the Service account log-in page) may also contain links to third party websites and services that are not owned or controlled by HBPW. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.

11. Enforcement/Verification. HBPW uses the self-assessment approach to verify our compliance with this Privacy Policy. To do so, we conduct periodic compliance audits of our privacy practices. If we become aware that any of our employees or third party service providers are using or disclosing Personal Information in a manner that violates this Privacy Policy, we will take reasonable steps to prevent or stop the use or disclosure.

12. Dispute Resolution. Please feel free to direct any questions or concerns you may have regarding the use or disclosure of Personal Information to HBPW’s Customer Service Department at customerservice@hollandbpw.com. HBPW will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy.

13. Security. The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

14. Privacy for Children. HBPW’s Service is not designed to be directed towards children under the age of 18. As such, we do not intend to knowingly collect Personal Information from any person who is under 18 years of age.

15. How We Respond to Do Not Track Signals. HBPW does not track Service users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer's online activities over time and across third-party web sites or online services.

16. Contacting HBPW. Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to Customer Service at customerservice@hollandbpw.com

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