END USER LICENSE AGREEMENT:

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PLEASE READ THIS END USER LICENSE AGREEMENT (the “Agreement”) CAREFULLY, AS IT INCLUDES THE TERMS UPON WHICH YOU CAN USE THE APPLICATION.

THIS APPLICATION IS INTENDED FOR USE BY INDIVIDUALS OVER THE AGE OF 18.

Introduction: Please read this Agreement carefully as it sets forth the legally binding terms for your use of the Application. By using the Application , you agree to be bound by this Agreement and our Privacy Policy which can be found at https://townofmalta.prosgar.com/CustomContent/PrivacyPolicy. You are only authorized to use the Application (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree with the terms of this Agreement, you should discontinue use of the Application. GAR Associates may update or amend this Agreement in its sole discretion and without prior notice.

Intellectual Property Rights: The Application , including all graphics, features, content and compilations accessed through the Application , as well as any trademarks owned by GAR Associates, are the property of GAR Associates (or are used with permission from the owner), and are protected by various laws, including trademark, copyright and patent laws. Information that is used in the Application , or that you obtain from using the Application , may be the proprietary information of others and may be subject to restrictions on its use without the consent of the owner and as allowed by the owner. You are not authorized to use this information for other purposes and may not de-compile, decrypt or disassemble the Application’s source code, database and network communications. Hyperlinking to material or information from the Application is not permitted without the consent of GAR Associates. You will see that some of the information used in the Application comes from you, or from other entities. GAR Associates makes no assertions regarding the accuracy of this information and is not responsible for this information. While GAR Associates makes reasonable efforts to keep the information on the Application up-to-date, if there is a change in information you should expect delays between the time the change is made and the time the Application is updated, as it is not possible for the updates to simultaneously reflect these changes. You are responsible for confirming any information between the date of the last update and the date you use the Application. GAR Associates makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information available on the Application. GAR Associates acknowledges that, in the course of fulfilling its obligations under this Agreement, it may store on its servers and have access to information about an identifiable individual (“Personal Information”). GAR Associates will comply with all applicable laws governing the storage and accessibility of such Personal Information, including but not limited to, any and all requirements to protect such information from loss or unauthorized access.

Grant and Scope of License: Upon continued payment of fees and subject to continuous compliance with this Agreement GAR Associates grants you a limited non-exclusive, non-transferable, non-sub licensable license, revocable as provided for herein, for you to use the Application (which in this Agreement includes any data you may access from the Application) for use by you in connection with the review and appeal of tax assessments for residential real property and for no other purpose. You may only access and use the Application as described in this Agreement. During the Term, Consultant may update or modify the Services or Software or provide alternative Services or Software to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of a third-party program. Consultant's updates or modifications to the Services or Software or provisions of alternative Services or Software will not materially reduce the level of performance, functionality, security, or availability of the Services or Software during the Term. You may not sell, share, rent, lease, lend or transfer the Application , or host or provide any access to the Application or the data provided to you from the Application on a network or for third parties except to the extent permitted under a license provided by GAR Associates. The license you are being granted does not include any rights to copy, reproduce, upload, distribute, re-transmit, sell, download, modify, disassemble, decompile, adapt, create derivative works, or reverse engineer any part of the Application, or otherwise attempt to derive the source code of the Application, except as expressly allowed in this Agreement, and no rights are granted to you to perform any of these activities. You may not create any derivative products or works using any portion of the Application, or create, market, distribute add-ons or enhancements or incorporate into another product the Application (or any part thereof) without our prior written consent, or use the Application to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party rights, including privacy rights, use the Application to violate any rights of others, use the Application to store or transmit malicious code, Trojan horses, malware, spam, viruses, or other destructive technology ("Viruses"), interfere with, impair, or disrupt the integrity or performance of the Application, use the Application in a manner that results in excessive use, bandwidth, or storage, or alter, circumvent, or provide the means to alter or circumvent the Application, including technical limitations, recurring fees, or usage limits.

County’s representatives acknowledge and agree that: (i) County will be responsible for County and County Users' activity and compliance with this Agreement, and if a County representative becomes aware of any violation, County will immediately terminate the offending party's access to the Application and notify GAR Associates; (ii) County and all of County’s Users shall comply with all applicable local, state, federal, and international laws; (iii) County shall establish a sufficient internet connection and electrical supply for the use of the Application, ensure the Application is installed on a supported platform, and used only with public domain or properly licensed third party materials; (iv) County is legally able to process County’s Data and has the right to access and use County’s infrastructure, including any system or network, and will be solely responsible for the accuracy, security, quality, integrity, and legality of the same; and (v) County will keep its registration information, billing information, passwords and technical data accurate, complete, secure and current for as long as County subscribes to the Application. This license is limited to a fixed period of time. If the license is not renewed, then you will no longer have access to the Application. Term and Termination. This Agreement (as amended or modified from time to time) is effective as of the first date you use the Application, and remains in full force and effect at all times you use the Application. You may stop using the Application at any time. This Agreement and your right to use the Application shall terminate if you fail to comply with the material terms of this Agreement. GAR Associates also reserves the right to terminate this agreement at any time in the event it decides to discontinue the use of the Application for any reason. Even after this Agreement terminates, the following terms of this Agreement will remain in effect: Intellectual Property Rights, Grants and Scope of License, Content/Information Used in the Application , No Warranties, Limitation of Liability; Severability; No Waiver; Governing Law; Entire Agreement and Indemnification. Content/Information Used in the Application: You are solely responsible for the content, material or information that you input into the Application . Please choose carefully the information you input into the Application. We require users to exercise discretion and respect in their use of the application and its content. For example, no user should: (a) create any material or use the Application to breach any duty of confidentiality, or infringe on any intellectual property or privacy right, or constitute an unlawful act; (b) modify, distort, disrupt or hinder the normal functioning of the Application; (c) transmit any virus, worm, trojan horse, corrupted file or be involved with any other destructive device, file or feature that would compromise the validity, security or functioning of the Application or constitute an attack on the servers or systems of GAR Associates or its service providers or customers; (d) create or use any alternative methods of using the Application; (e) transmit or communicate any offensive material or content; or (f) falsely claim any endorsement in connection with the Application. GAR Associates assumes no responsibility for monitoring the information inputted by users in this application for inappropriate content or conduct, although it reserves the right to do so, and makes no warranties, express or implied, as to the content, appropriateness, accuracy or reliability of the content or any material or information inputted by users. If at any time GAR Associates chooses, in its sole discretion, to review the application and input of users for content, it nonetheless assumes no responsibility for the content, no obligation to modify any inappropriate content, and no responsibility for the conduct of the user submitting any such content. GAR Associates reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability. When you input information into the Application, certain de-identified, pooled or aggregate information may be stored into the Application. You grant GAR Associates, and its successors and assigns, an irrevocable, worldwide, royalty-free, non-exclusive right and license to freely and publicly use, display, modify, reproduce, sublicense and distribute any de-identified, pooled or aggregate data or information without further consent or payment. GAR Associates is hereby granted a royalty-free, fully-paid, worldwide, exclusive, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into its products and services any information, data, suggestions, enhancement requests, recommendations or other feedback provided by County or County’s Users relating to the Application. All rights not expressly granted under this Agreement are reserved by GAR Associates. You understand that GAR Associates cannot and does not guarantee or warrant the content or accuracy of any information available through or for downloading from the application, including links, or that the information will be free of infection or viruses, worms, Trojan horses, time bombs, cancel-bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the application for the reconstruction of any lost data. Claims of Copyright Infringement: GAR Associates respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the copyright contact listed below: (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (C) 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 us to locate the material; (D) Information reasonably sufficient to permit us to contact the complaining party; (E) 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 (F) 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.

Copyright contact information:

help@prosgar.com
GAR Associates, LLC
855 NY-146 Suite 130
Clifton Park, NY 12065

NO WARRANTIES: TO THE FULLEST EXTENT POSSIBLE, THE APPLICATION AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE APPLICATION, INCLUDING THIRD PARTY HOSTED SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAR ASSOCIATES DOES NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE APPLICATION, ITS CONTENT, ANY SERVICES PROVIDED THROUGH THE APPLICATION, OR ON THE INTERNET GENERALLY. GAR ASSOCIATES DISCLAIMS ANY WARRANTY THAT THE APPLICATION, OR ANY INFORMATION CONTAINED THEREIN, IS FREE OF VIRUSES, WORMS OR ANY OTHER CODE OR COMPONENTS THAT MANIFESTS CONTAMINATING, HARMFUL OR DESTRUCTIVE PROPERTIES, OR THAT USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. NOTWITHSTANDING THIS LIMITATION, THE SOLE REMEDY OF THE USER IS TO CEASE USE OF THE APPLICATION. Limitation of Liability; Severability; No Waiver; Governing Law; Entire Agreement: To the greatest extent allowed by law, GAR Associates specifically disclaims any liability for any damages arising out of or in any way connected with your access to or use of the Application. In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by GAR Associates at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision. No delay or failure by GAR Associates in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between GAR Associates and you pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and documents regarding your use of the application. New York law shall govern the terms of this Agreement. CERTAIN STATE OR OTHER LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU AGREE THAT THESE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL BE VALID AND ENFORCED TO THE GREATEST EXTENT POSSIBLE.

Indemnification: You are solely responsible for any damage caused to GAR Associates, its licensors, other users of the Application, service providers, licensees and subcontractors that results from your violation of this Agreement. You agree to defend, indemnify, and hold harmless GAR Associates, its directors, officers, employees, agents, successors and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use or misuse of the Application.

Compliance with Applicable Law: You agree to comply with all applicable laws in your use of the Application.

Confidential Information. As used in this Agreement, Confidential Information means any nonpublic, non-anonymized data, information or materials disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects that the disclosing party clearly identifies as confidential or proprietary. For clarity, Confidential Information includes County’s Data, and GAR Associates’ Confidential Information includes the Application, and any information or materials relating to the Application, or otherwise. Confidential Information may also include confidential or proprietary information disclosed to a disclosing party by a third party.

The receiving party will: (i) hold the disclosing party's Confidential Information in confidence and use reasonable care to protect the same; (ii) restrict disclosure of such Confidential Information to those employees or agents with a need to know such information and who are under a duty of confidentiality respecting the protection of Confidential Information substantially similar to those of this Agreement; and (iii) use Confidential Information only for the purposes for which it was disclosed, unless otherwise set forth herein. The restrictions will not apply to Confidential Information, to the extent it (i) is (or through no fault of the recipient, has become) generally available to the public; (ii) was lawfully received by the receiving party from a third party without such restrictions; (iii) was known to the receiving party without such restrictions prior to receipt from the disclosing party; or (iv) was independently developed by the receiving party without breach of this Agreement or access to or use of the Confidential Information.

The receiving party may disclose Confidential Information to the extent the disclosure is required by law, regulation, or judicial order, provided that the receiving party will provide to the disclosing party prompt notice, where permitted, of such order and will take reasonable steps to contest or limit the steps of any required disclosure. The parties agree that any material breach of this section will cause irreparable injury and that injunctive relief in a court of competent jurisdiction will be appropriate to prevent an initial or continuing breach of this section in addition to any other relief to the applicable party may be entitled.

By clicking "Accept," you agree to be bound by these terms.