Terms & Privacy

SUBSCRIBER AGREEMENT 

Welcome to Municipal Impact. Please review the following Subscriber Agreement carefully, this constitutes our agreement with our paying subscribers. If you do not agree to these terms, you should not use our Services.

Immense Impact, LLC (and its subsidiaries or affiliates), doing business as Municipal Impact (collectively “us” or “we” or “our”), agrees to provide technology, products, websites, software, and/or services (collectively, the “Services”), including websites we provide for the benefit of our Subscribers (such websites are the “Sites” and each is a “Site”), and you (“you,” “your,” or “Subscriber”) agree (a) to pay for the Services according to our then-current fee schedule, which we reserve the right to change or amend at any time, and (b) to comply with the terms and conditions set forth in this Subscriber Agreement (“Agreement”), including the Website Terms & Conditions, which are incorporated by reference.  In the event of a conflict between the Website Terms & Conditions and this Agreement, the terms of this Agreement control.

Acceptance of Agreement

By accessing and using our Services, Subscriber agrees to comply with and be bound by the terms and conditions outlined in this Agreement. The person making this agreement or using the Services does so on behalf of the person, municipality, utility, water or utility district, co-op, sanitation service, agency, corporation, or other entity, organization, or political subdivision for whom the Services are intended and that person represents he/she has the authority to make and accept this Agreement on behalf of that entity, which is the Subscriber. 

This Agreement constitutes the entire and only agreement between us and the Subscriber and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Services, including the content, products, and other services provided by, through, or in connection with, any Sites we prepare or provide.  Any reliance on any statement or representation not expressly stated in this written Agreement is waived by Subscriber. 

Modification and Notification 

This Agreement may be amended from time to time. All amendments, alterations, or changes must be made in writing. The current version of the Agreement will be posted on www.municipalimpact.com. No individual has the authority to orally alter this Agreement at any time. Subscribers will receive notice of any updates to this Agreement through email and/or via a notice given upon accessing the Client Dashboard. Your continued use of our Services and/or use of a Site following receipt of such a notice constitutes and reflects your agreement to the amended Agreement.

Permitted Uses

Immense Impact grants to Subscriber a limited, non-exclusive, terminable, non-transferable license to use, access, and publish the Site and to use the Services during the Term of Service, subject to the terms of this Agreement, as we may revise from time to time. You and your authorized users may access and use the Sites and our Client Dashboard solely as part of your regular business activity for which the Site is intended.  We reserve the right, in our sole discretion, to limit your and/or your users’ use of a Site and/or the client dashboard if we determine that your or your users’ use of any Site or the client dashboard is inconsistent with such purposes, and/or otherwise inconsistent with these terms in this Agreement. You grant us a royalty-free, non-exclusive license to host, display, publish, and use any content provided by you through your use of the Sites.

Nontransferable

Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain the Services or information or documents using the Services is not transferable or assignable. You agree to take reasonable steps to prevent any third party, former employee, agent, or other unauthorized person from using your password to access the Services or Sites. 

Restrictions and Prohibitions on Use

Your license for access and use of our Services, the Sites, and the Client Dashboard, and of any information, materials, or documents accessible through them (collectively referred to as the “Content and Materials”) are subject to the following restrictions and prohibitions on use, subject to the Permitted Uses described above: You may not, or permit any third party to, (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Content and Materials other than as permitted by this Agreement; (b) use the Content and Materials to develop, or as a component of, any information, storage and retrieval system, database, information base, website, or similar resource, that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any of the Content and Materials; (d) use any Content and Materials in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or of any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice contained in the Content and Materials; (f) make any portion of the Content and Materials available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any software, coding, or other component of the Content and Materials or use any network monitoring or discovery software to determine the architecture of any of the Content and Materials; (h) use any automatic or manual process to harvest information from the Content and Materials; (i) use any portion of the Content and Materials for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Content and Materials in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; (k) export or re-export the Content and Materials or any portion thereof, or any software available on or through the Sites or Services, in violation of the export control laws or regulations of the United States; (l) upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following via or using any of the Sites or other Content and Materials: false, illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, the determination of which shall rest in our sole discretion (“Objectionable Material”).

Site Links to Third-Party Content

You may link to other websites from a Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Sites, and (b) the linked-to website does not contain Objectionable Material.  If you choose to include a link to a third-party website from a Site, you accept sole risk for the link. We reserve the right to remove any link on a Site that is broken, references a website that contains Objectionable Material, or that otherwise violates the terms of this Agreement.

Advertisers

You may post advertising or sponsorships on a Site provided that such information does not contain Objectionable Material. You are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for any error or inaccuracy in an advertiser’s or sponsor’s materials.

Linking to a Site

You may provide links to a Site, provided that the website that links to the Site does not contain Objectionable Material and that you agree to discontinue linking to the Site immediately upon our request.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Use of Information

We will not be required to treat any information you provide to us or that you add or post on a Site as confidential or proprietary.  You release and grant to us an unlimited, non-exclusive right to use or adapt any content or ideas (including without limitation, product, service or advertising ideas) you include on a Site and we will not be liable for any similarities that may appear in our future products, services, or operations.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, coding, digital conversion and other components of the visual representation of the Sites or other components of our Services constitute our intellectual property, or the intellectual property of third parties used under license, which are protected under applicable copyright, trademark, and other intellectual property laws. The copying, redistribution, use, or publication of all or any component of the Sites, except as allowed by “Permitted Uses” herein, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials on any Site that we have provided as part of the Services, provided however that you do not waive any rights you may possess to information or materials you may add or link to from a Site that we have not supplied as part of the Services other than as stated in this Subscriber Agreement. 

Service and Trademarks

“Immense Impact,” “Municipal Impact,” and “Rural Water Impact” are our service marks and/or registered service marks or trademarks. Other product and company names mentioned on the Sites may be trademarks of their respective owners.  You agree not to use these terms without our permission except in ways that constitute a “fair use.”

Third-Party Content

Third party content may appear on the Sites, in materials provided as part of the Services, or may be accessible via links from the Sites.  We are not responsible for and assume no liability for any errors or Objectionable Material that may appear on the Sites or in websites linked from the Sites. You understand that the information and opinions in the third-party content constitutes the thoughts or opinions of the author of that content and does not necessarily reflect our opinion or belief.

Forms, Agreements & Documents – Right to Seek Counsel

We may make available through the Sites or our Services sample and actual forms, checklists, business documents, terms of use, privacy statements, accessibility statements, tutorials, training videos, and other information (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your own business purposes, without any right to re-license, sub-license, distribute, assign, or transfer such license. The Documents may be inappropriate for your particular circumstances, and local or state laws may require different or additional provisions to obtain the desired result. Information made available on the Sites or through the Services are not intended to and do not constitute legal advice, recommendations, or counseling and no attorney-client relationship is formed. We are not a law firm and do not provide legal advice.  You agree and acknowledge that you have a right to consult with legal counsel of your own choosing to determine the appropriate legal or business documents necessary for your particular transactions, activities, and jurisdiction, and to verify your compliance with state and local laws applicable to your activities, and that you have either done so or desire to waive the right to do so. Your use of Documents on the Sites or materials linked through the Sites is entirely at your own risk.

DISCLAIMER OF WARRANTIES

THE SERVICES, THE SITES, AND INFORMATION, CONTENT, AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITES AND THE SERVICES, INCLUDING ANY GOODS OR SERVICES OFFERED BY THIRD-PARTIES OR MERCHANTS, ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES (INCLUDING THIRD-PARTY SERVICES SUCH AS WATER CUSTOMER NOTIFICATIONS) MAY CONTAIN BUGS, ERRORS, INACCURACIES, PROBLEMS OR OTHER LIMITATIONS. WE, AFFILIATED PARTIES, AND OUR THIRD-PARTY PROVIDERS HAVE NO LIABILITY WHATSOEVER FOR YOUR OR YOUR CUSTOMERS’ USE OF ANY INFORMATION OR SERVICE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE IF NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE, FORM, OR DOCUMENT IS DISCLAIMED.

Errors, Corrections and Changes

WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE ON OR THROUGH THE SITES, OR THROUGH THIRD-PARTY WEBSITES LINKED TO FROM THE WEBSITE OR ANY SITE, WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. WE HAVE NO DUTY OR RESPONSIBILITY TO MONITOR SITES FOR ANY REASON.  WE MAY MAKE CHANGES TO THE FEATURES, FUNCTIONALITY, OR CONTENT OF THE SITES OR SERVICES AT ANY TIME. 

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY SUPPLIERS OF INFORMATION AND DOCUMENTS, ATTORNEYS, ADVERTISERS, PRODUCT AND SERVICE PROVIDERS, AND AFFILIATES HARMLESS FROM ANY SUIT, ACTION, LIABILITY, LOSS, CLAIM, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES), INCLUDING ANY ASSERTED BY A THIRD PARTY, THAT ARE RELATED TO OR ARISE FROM YOUR USE OF THE SITES OR THE SERVICES, ANY DOCUMENTS ON A SITE, ANY SERVICE PROVIDED BY A THIRD PARTY OR MERCHANT (INCLUDING ALERTS OR NOTIFICATIONS TO YOUR WATER CUSTOMERS), YOUR VIOLATION OF THIS AGREEMENT, YOUR VIOLATION OF THE RIGHTS OR INTERESTS OF ANY THIRD PARTY, OR VIOLATIONS OF OTHER LAW.

Limitation of Liability

The Services and Sites are provided subject to the following limitations of liability applicable to any claims or causes of action against us (including without limitation our owners, officers, employees, agents, attorneys, contractors, successors, and assigns): 

(a) we shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions in the Sites, any Services, or any service of a third-party offered through a Site (including without limitation email or text alerts or notifications to water customers, residents, and or any other alert subscriber), (ii) the unavailability or interruption for any reason of the Services, the Sites, or any features thereof (including without limitation email or text alerts or notifications to water customers, residents and or any alert subscriber), (iii) your use of the Sites, (iv) the content contained on the Sites, (v) or (vi) events that are beyond our reasonable control, such as a strike, blockade, war, act of terrorism, pandemic, riot, natural disaster, failure or diminishment of telecommunications, refusal of a license by a government agency, or failure of a service or technology provided by a vendor, contractor, or other third party; 

(b) OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITES AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY; and 

(c) in no event will we be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth in this section are fundamental and material elements of the bargain between you and us. The Sites, Services, and Documents would not be provided to you without such limitations.

Class Action Waiver

If permitted by applicable law, each party waives the right to litigate in court or in an arbitration proceeding any dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general.

Payments

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Tax

You will be solely responsible for the payment of any sales tax, GST, or other transaction tax related to payment of our Services, including the payment and reporting of such taxes to the appropriate authorities. 

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and the Content and Materials provided therein.

Refund Policy

You may cancel your subscription within 14 days from the date your Site is published on the Internet without any cost or obligation to you. You may also cancel your subscription and receive a full refund of any fees already paid if you cancel within the first 30 days after your first subscription payment is due, which is typically on the 15th day after your Site is first published.  No refunds of subscription or other fees paid will be issued after the 30th day after your first subscription payment is due.  

Term and Cancellation

The Services are provided on a month-to-month basis with no minimum contract term. You may cancel at any time by providing us with a written notice of cancellation at the email address listed below. Refunds are available as described in the “Refund Policy.” We also reserve the right to terminate your subscription and cease providing Services at any time immediately upon written notice based solely on our convenience. Upon cancellation, all Services will be immediately terminated, including access to the Site and to the Client Dashboard. 

You may give notice of cancellation or obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us at [email protected].

Binding Arbitration and Forum Selection Clause

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services, shall be determined and decided solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fort Worth, Texas and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Tarrant County, Texas where necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

Miscellaneous Provisions

(a) This Agreement shall be treated as though it were executed and performed in Tarrant County, Texas and shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. 

(b) Any cause of action by you with respect to the Sites or Services must be instituted within one (1) year after the cause of action arose or it will be forever waived and barred. 

(c) We may assign this Agreement and all incorporated agreements and your information in our sole discretion to a third party in the event of an acquisition, sale or merger. 

(d) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. 

(e) In the event of a conflict between a statement on our Website, in the Website Terms & Conditions, or on any of the Sites, the terms of this Agreement shall take precedence. 

(f) Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. 

(g) Our rights under this Agreement shall survive any termination of this Agreement.

Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites or the Services, please send an email to [email protected]. You may also contact us by writing to Immense Impact Guest Services, P.O. Box 121034, Arlington, TX 76012, or by calling us at 1-888-551-4815. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.