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TERMS OF SERVICE
TERMS OF SERVICE
Welcome to the Partner Portal (the “Portal”) of the Housing and Redevelopment Authority, Duluth, Minnesota (“Authority”). This Portal a secure, web-based tool that gives participating property owners and managers access to information relating to properties currently under contract with the Authority in its Housing Choice Voucher Program. Once you have agreed to the terms and conditions set forth below, you will be assigned a password or user identification number so that you may thereafter access the Portal for a listing of your properties, tenants, and their contact and account information.
TERMS OF AGREEMENT
You are required to review the following Terms and Conditions as it delineates the agreement between you and the Authority as to use of this Portal.
1. Acceptance of Terms
By using this Portal, you are agreeing to comply with and be bound by the following terms of service (“Terms”). The Terms may be amended or updated at any time in the sole and absolute discretion of the Authority, without specific notice to you. This agreement constitutes the entire and only agreement between the Authority and you regarding the Portal, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Portal, the content, products, or services provided by or through the Portal, and the subject matter of this Agreement. The latest Terms will be posted on the Portal, and you should review the Terms upon each visit. Your continued use of this Portal will thereafter constitute an acceptance of any changes to the Terms and an agreement to be bound by those changes. If you do not agree with any such changes, you agree to discontinue your use of this Portal.
A. Service
This Portal is for authorized use only. The information contained herein is for the benefit of those users who have been given access by the Authority and may not be used for any purpose without the prior written consent of the Authority, other than to inform each user of current information relating to his/her property (ies) and tenant(s). This Portal is intended to provide you with information relating only to your property (ies) and tenant(s). The information contained in the Portal for your property (ies) and tenant(s) has been created using information provided to the Authority by you and/or by your tenant(s). If any of the information set forth in this Portal is incorrect, please submit any revisions, corrections or changes in writing to the Authority at 222 East 2nd Street, Duluth, Minnesota 55805 along with supporting documentation evidencing the reasons for such revisions, corrections or changes. Upon receipt of same, and any verification that the Authority may deem necessary, the Authority will endeavor to update the Portal to reflect such requested revisions, corrections or changes. Submittal shall result in authorization of use of information.
B. Service Limitations
Service may be limited due to technical difficulties or Portal maintenance and may result in loss of data or service interruptions. By accepting these Terms, you agree that the Portal is provided “AS IS”, without warranties of any kind. The Authority does not assume responsibility for timeliness, deletion, missed delivery, or failure to store any user data, communications or personalization settings.
C. Changes and Discontinuation
The Authority reserves the right to change or discontinue, temporarily or permanently, the service provided by the Portal at any time with or without notice. Accordingly, you agree that the Authority, will be liable to you or any third-party for any modification or discontinuance of the services provided by this Portal.
2. Conditions for Use
The following conditions relate to your use of the Portal. Any conduct that violates these conditions shall be grounds for termination of your enrollment as a user of the Portal.
A. You agree to provide accurate, complete and current information as requested by Authority.
B. You agree not to misrepresent your identity.
C. You agree to protect the confidentiality of your user identification number or password. You are fully responsible for all activities that occur using your user identification number or password and shall immediately notify the Authority of any unauthorized use of same. The Authority will not be liable for any loss that you may incur as a result of someone else using your user identification number or password, either with or without your knowledge. You may not use anyone else’s user identification number or password at any time.
D. You agree to protect the confidentiality of the information being accessed by you regarding any subsidized participant. You shall comply with and uphold all applicable Federal and State confidentiality laws, regulations, and rules and you shall otherwise protect against any unauthorized and/or illegal disclosure of and/all personal data and records accessed via this Portal. Specifically, you shall comply with Section 6 of the Housing Act of 1937, the Privacy Act of 1974, 5 USC § 552a (Privacy Act), and Section 208 of The E-Government Act and all rules and regulations promulgated including any and all other federal or state laws or regulations regulating the privacy and confidentiality of personal data and information, all as supplemented, replaced, and amended from time to time. You agree that by accessing the Portal, information containing any such personal data will be placed in a system which reasonably assures the confidentiality of the personal data. In its use and maintenance of personal data you shall not transmit, provide, share, issue, release, receive, hold, maintain, disseminate, and/or publish any information or personal data provided hereby without the informed and dated written consent of the data. You represent that any agent or employee of yours is fully informed of and able and willing to abide by confidentiality provisions as well as the applicable federal and state confidentiality laws, regulations, and rules.
E. You acknowledge and agree that the Authority owns all rights to and content in the Portal. You are only permitted to use this content as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works from this content without the Authority’s prior written consent, which the Authority may grant or withhold in its sole and absolute discretion. Further, you agree not to reverse engineer or reverse compile any of the Portal technology.
2. Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Portal are protected under applicable copyrights, trademarks, and/or other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Portal, except as allowed by this agreement, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Portal. The posting of information or materials on the Portal does not constitute a waiver of any rights regarding such information or materials.
3. Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. THE AUTHORITY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE COMPLETENESS OR ACCURACY OF THE DATA DISPLAYED ON THE PORTAL, OR FOR ITS FITNESS OR USE FOR A PARTICULAR PURPOSE OR INTERPRETATION. THE PORTAL’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE AUTHORITY MAKES NO WARRANTY THAT:
• THE SERVICE WILL MEET YOUR REQUIREMENTS;
• THE PORTAL AND THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND
• ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
4. Limitation of Liability
In no event shall the Authority, and the officers, directors, agents, or, employees, be liable for lost profits or any direct, indirect, special, incidental or consequential damages arising out of or in connection with the Portal or this agreement (however arising, including negligence). In addition, to the extent permitted by applicable law, the Authority, its officers, directors, agents, or, employees are not liable, and you agree not to hold these parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, direct, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of or your inability to use the Portal; (2) delays or disruptions in the Portal’s services; (3) viruses or other malicious software obtained by accessing the Portal or service linked to the portal; (4) glitches, bugs, errors, or inaccuracies of any kind in the Portal’s services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your account; (7) your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Authority policies. The Authority reserves the right to modify its policies and this user agreement at any time consistent with the provisions outlined herein.
5. Indemnification
You agree to protect and fully compensate the Authority and service providers form any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from your use of the Portal, your violation of the Terms, or infringement by any other user of your account.
6. Severability
If any provision of this agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement will not be affected in any way.
7. Other
This agreement cannot be changed or any of the Authority’s rights waived unless the Authority agrees in writing or you continue to use the Portal following updates to the site. This agreement is applicable to you and may not be assigned. The laws of the State of Minnesota shall apply to this agreement.
These Terms are the entire understanding between you and the Authority as they relate to the Portal and the services provided through the Portal. To the extent that the Authority uses the services and/or technology of a licensor or service provider to implement and operate the Portal, you agree that said licensors and/or service providers shall be third-party beneficiaries of this agreement.
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