www.dspayments.com
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Effective URL: https://www.dspayments.com/pocahontasparkwaydebt
Submission: On August 15 via manual from US — Scanned from US
Effective URL: https://www.dspayments.com/pocahontasparkwaydebt
Submission: On August 15 via manual from US — Scanned from US
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</form>Text Content
* Home
* Contact
CONTACT US
Please contact us at (866) 286-4307 during normal business hours.
* Privacy Policy
PRIVACY POLICY
Privacy
This privacy policy discloses the privacy practices for www.dspayments.com
(the "Site"), which is operated by Duncan Solutions, LLC, including its
subsidiaries and affiliates under common ownership, ("we", "us", "our") on
behalf of its clients. We are committed to protecting your privacy. This
policy applies to individual consumers whose information we obtain while
providing services to or on behalf of our clients. We may collect and use
personally identifiable information or other information about you to conduct
and manage our business, including operating and improving the Site, to
process your transactions, deliver our services, to fulfill legal and
regulatory requirements, and as otherwise permitted by applicable law. We do
not sell your information.
Sources of this information may include the following:
Information we receive from the entity on whose behalf we provide services
(the "Client") and from information or applications submitted by you to the
Client;
Information we receive from you voluntarily while using the Site, and which
may include your name, address, license plate number, driver's license or
vehicle registration information, phone number, email address, credit or
debit card information, checking or savings account information, or other
information you provide;
Information about your transactions on the Site, with our subsidiaries or
affiliates, or others, such as your account balance and payment history; and
Information we receive from third parties, such as third-party service
providers who provide payment account validation services.
The types of personally identifiable information about you that we collect on
the Site and from Clients, third parties, subsidiaries, and affiliates,
include the following:
Contact information such as your name, address, email address, or telephone
number.
Identification information such as a license plate number, driver's license
or vehicle registration information, or an account number.
Financial information such as account and payment information.
Other Information
We automatically collect information about you, such as device ID and other
information when you visit the Site to help us improve and provide services
to you on behalf of the Client. This type of information does not identify
you personally ("Other Information").
The types of Other Information we collect:
1. Device ID such as your internet protocol (IP) address (IP address is a
number assigned to a device connected to the internet)
2. Information collected through cookies and other technologies
We may place and read data stored (via session and/or persistent "cookies" or
other device specific storage capabilities) on the device you are using, and
use other technologies such as Web beacons, clear GIFs, tracking pixels and
tags, when you visit or use the Site. Cookies are small data files that are
placed on your device for a variety of purposes, including to identify your
device or your account when you return to the Site. You can generally remove,
block, or disable cookies by using the settings located in your browser. If
you decide to remove or not accept cookies, some features and services on the
Site may not work properly. To the extent permitted by applicable law, third
parties, including our service providers, may collect information about your
online activities over time and across different sites, including when you
visit the Site. In particular, the Site may use Google Analytics to help
collect and analyze certain information for the purposes discussed above. You
may opt out of the use of cookies by Google Analytics using the button below.
Some browsers have a "do not track" feature that lets you tell websites that
you do not want to have your online activities tracked. Currently, we do not
respond to browser "do not track" signals.
More Info on Google Analytics
Opt Out of Google Analytics Cookies
How We Share
We only share your information to affiliated and non-affiliated third parties
as permitted or required by applicable law, including the Drivers Privacy
Protection Act ("DPPA") and the federal Fair Debt Collection Practices Act
(“FDCPA”), if applicable. We may share information we collect with
third-party service providers that provide services to us, such as payment
account validation to protect against fraud and theft, data storage
providers, payment processing functions, or other services. When we share
your information with these third parties, including service providers, they
are required to limit their use of your information to the particular purpose
for which it was shared, and they are not allowed to share it with others
except to fulfill that limited purpose.
Security
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. You may have other privacy
protections under state laws. These measures include computer safeguards and
secured files and buildings. Nevertheless, it is crucial that, as a user, you
protect against unauthorized access to your computer and that you always sign
off when finished using a shared computer. Further, you should be aware that
no system is impenetrable. Thus, it is your responsibility to diligently
monitor your credit card statements, bank statements and similar personal
information to discover and address as quickly as possible any misuse of your
personal information.
Children's Privacy
We do not intend to collect personal information from children under 13 years
of age. If we learn that we have collected this information from a child
under the age of 13, we will promptly take all reasonable steps to delete the
data from our system.
Policy Changes
The effective date of this policy is February 2022. It replaces all prior
privacy policies issued. We reserve the right to amend this privacy policy at
any time and we will inform you of any changes to this policy by posting the
revised privacy policy on the Site, or as otherwise required by law.
Contact Us
For more information regarding this privacy policy, please contact us at:
633 W Wisconsin Ave. Suite 1600
Milwaukee, WI 53203
* Terms of Use
TERMS OF USE
Website Terms of Usage and Disclaimers
Effective Date: July 2024
Duncan Solutions, LLC, and affiliates under common ownership ("Duncan", “we”,
“us” or “our”) maintain the websites we operate on behalf of our clients and
which you are accessing, including dspayments.com, dsmyportal.com,
dsmobilityplus.com, and dsparkingportal.com, (collectively, the “Site”). The
Site can be used to execute online transactions. Duncan requires that all
visitors to the Site on the Internet adhere to the following Terms of Usage
and Disclaimers (“Terms”). By accessing the Site, you indicate your
acknowledgment and acceptance of these Terms. Please read them carefully.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE
SITE.
BINDING ARBITRATION
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND DUNCAN MAY HAVE
AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED
EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST DUNCAN TO BINDING
AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE
REVIEW SECTION 14 (“ALTERNATIVE DISPUTE RESOLUTION”) FOR THE DETAILS
REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH DUNCAN.
1. Changes to Terms
Duncan reserves the right to modify or discontinue, temporarily or
permanently, the Site for any reason, at its sole discretion, with or without
notice to you. Duncan likewise may change the Terms and conditions of the
Terms from time to time with or without notice to you. You agree to review
the Terms periodically to ensure that you are aware of any modifications.
The Effective Date of these Terms is set forth at the top of this webpage.
Your continued access or use of the Site after the modifications have become
effective shall be deemed your conclusive acceptance of the modified Terms.
The amended Terms supersede all previous versions.
2. Intellectual Property
THE CONTENTS OF THE SITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT,
GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES,
SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE
PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK,
AND OTHER LAWS. The contents belong to Duncan or to others as indicated.
The information and materials contained in the Site may not be copied,
displayed, scraped, distributed, downloaded, licensed, modified, published,
reposted, reproduced, reused, sold, supplemented, transmitted, used to create
a derivative work or otherwise used for public or commercial purposes without
the express written permission of Duncan. All rights not expressly granted
herein are reserved to us and our licensors.
3. License
Duncan grants you a limited license to access and make personal use of the
Site subject to these Terms. Your right to use the Site is personal to you.
You agree not to reproduce, duplicate, copy, sell, resell, use or exploit
for any commercial purposes, the Site or use of or access to the Site or any
information or technology obtained from the Site.
4. Security and Restrictions
You are prohibited from violating or attempting to violate the security of
the Site, including by (a) accessing data not intended for such user or
logging onto a server or an account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (c) accessing or using the Site or any portion thereof without
authorization; or (d) introducing any viruses, Trojan horses, worms, logic
bombs or other material which is malicious or technologically harmful. You
agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy the Site pages or the content contained
herein without our prior express, written permission which may be exercised
in our sole discretion. You agree that you will not use any device, software
or routine to interfere or attempt to interfere with the proper working of
the Site or any transaction being conducted on the Site and will not use the
Site in any manner that could disable, overburden, damage, or impair the Site
or interfere with any other party’s use of the Site. You agree that you will
not use the Site to engage in any conduct that restricts or inhibits anyone’s
use or enjoyment of the Site, or which, as determined by us, may harm us or
users of the Site or expose them to liability. You agree to abide by all
applicable local, state, national, and international laws and regulations in
your use of the Site. The Site is available only to individuals who are
permitted to use it under applicable law. If you do not qualify, please do
not use the Site. You agree to be solely responsible for your actions and
the contents of your transmissions through the Site. You agree not to
impersonate any person or entity or falsely state or otherwise misrepresent
your identity or affiliation with a person or entity. Duncan is permitted to
disclose the information you provide to financial institutions, educational
institutions, government agencies, and other authorized third parties as
necessary in accordance with our contract requirements and any applicable
law. You agree that Duncan may terminate your password, account, or use of
the Site in Duncan’s sole discretion for any reason.
5. Notice
All notices you give to us in accordance with these Terms shall be in writing
and shall be made either via e-mail or conventional mail, unless the Terms
expressly state otherwise. In addition, Duncan may post notices or links to
notices through the Site to inform you of changes to the Terms, the Site, or
other matters of importance.
6. Privacy
Please see our Privacy Policy, which is incorporated by reference into these
Terms, for the details of our commitment to your privacy.
7. Third-Party Links and Services
On this Site, you will find content, functions, information, and tools,
including that provided by third parties that are not the property of Duncan.
While we strive to keep both Duncan and the third-party-provided information
current and accurate, we cannot guarantee and expressly do not warrant that
the third-party content, functions, information and tools are error-free or
that your access will be uninterrupted or that material accessible from this
Site is free of viruses. On this Site you may find numerous links which will
transfer you to the site or online service of an organization that can
provide you with value-added information and/or functionality. By linking to
these sites/online services, Duncan does not represent or imply that there is
any business relationship between the two entities. Duncan is not
responsible for the content and performance of these sites/online services or
for your transactions with them. Please understand that the information
collected by such sites/online services and the content and practices of such
sites/online services are not covered by Duncan’s Privacy Policy or these
Terms. Furthermore, Duncan strives to keep these links/online services as
current and accurate as possible, but we cannot guarantee and we expressly do
not represent or warrant that they point to the intended third-party site.
Links to and from this site do not constitute a Duncan endorsement.
8. Assumption of Risk
All content on the Site is for informational purposes of a general nature
only and does not address any circumstances of any particular individual or
entity, with the exception of individual or entity account information. Do
not construe any such information or material as legal, tax, investment,
financial, professional or any other advice. Nothing on the Site constitutes
professional and/or financial advice, nor does any information found on this
Site constitute a comprehensive or complete statement of the matters
discussed. Duncan is not a fiduciary by virtue of any person's use of or
access to the Site and content contained in the Site. Any information,
materials, statements and/or data set out herein is subject to change any
time without notice and as such, no reliance may be placed on the fairness,
accuracy, completeness or correctness of any information and materials
contained on the Site. You alone assume the sole responsibility of
evaluating all merits and risks that are or may be associated with any use of
any information or material on the Site, or drawing any conclusions based on
the information and content found on the Site. In exchange for using the
Site, you agree not to hold Duncan, its affiliates, or any third-party
service provider(s) liable for any possible claim for damages arising from
any decisions you made or had made based on the information or content made
available to you on the Site. In any event, Duncan and/or its employees,
advisors and representatives are not liable for any loss or damage whatsoever
arising or incurred from any use of or reliance on the Site, its contents or
otherwise arising in connection with the Site. Use of this Site and the
submission of any forms completed by you through this Site do not
automatically qualify you for any program, status or desired outcome in which
you seek participation or approval.
9. User Account
If the Site is configured for online account setup, you may register an
account on the Site. You agree that the information you provide to us during
the registration process and at all other times when you use the Site is
accurate, current, and complete, and that you will keep it up-to-date at all
times. If you provide any information that is, or that Duncan has reasonable
grounds to suspect is, untrue, inaccurate, not current, or incomplete, Duncan
has the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof). If you are not a
registered user, you may receive an ID and password upon completing the
registration process. You are responsible for maintaining the
confidentiality of your log-in name and password and for any and all
activities that occur under your account. You are the sole authorized user
of any account you create through the Site. You may not authorize others to
use your account-holder status, and you may not assign or otherwise transfer
your account to any other person or entity. You agree to immediately notify,
orally or in writing, Duncan or Duncan’s client with whom you are transacting
with on the Site and on whose behalf the Site is operated of any unauthorized
use of your account or any other breach of security known to you. Duncan
will not be liable for losses, damages, liability, expenses, and fees
incurred by Duncan or a third party arising from someone else using your
account regardless of whether you have notified us of such unauthorized use.
You understand and agree that we may require you to provide information that
may be used to confirm your identity and help ensure the security of your
account.
10. Feedback
Except for any personally identifiable information we may collect from you
under the guidelines established in our Privacy Policy, any material,
information or other communication you provide to Duncan, including any
ideas, comments, suggestions, feedback, inventions, content, data or the like
(“Feedback”) will be considered non-confidential and non-proprietary. Duncan
will have no obligations with respect to the Feedback. Furthermore, you
hereby assign and agree to assign to Duncan all intellectual property rights
and waive any publicity or similar rights you have in any Feedback. By
submitting the Feedback to Duncan, you agree Duncan is free to use the
Feedback, without limitation and without any compensation to you or any other
party, for any purpose whatsoever and in identifiable or de-identifiable
form. Duncan and its designees will be free to copy, disclose, distribute,
incorporate, commercialize, and create derivative works and otherwise use the
Feedback and all data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial purposes.
11. Disclaimer; Limitation of Liability
You agree that all access and use of the Site and its contents is at your own
risk. By using the Site, you acknowledge that we specifically disclaim any
liability (whether based in contract, tort, negligence, strict liability or
otherwise) for any direct, indirect, incidental, common law, statutory,
regulatory, consequential, compensatory, punitive, or special damages arising
out of or in any way connected with your access to or use of the Site (even
if we have been advised of the possibility of such damages) including any
liability associated with any viruses which may infect your computer
equipment. Calculators and tools that may be on the Site provide you with
ESTIMATES that may be different than actual amounts.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY CONTENTS, MATERIALS OR
INFORMATION PROVIDED ON THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. DUNCAN EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. DUNCAN MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR
REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; NOR DOES DUNCAN
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SITE. DUNCAN DISCLAIMS ANY WARRANTY THAT THE SITE (OR ANY INFORMATION OR
SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR
OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. DUNCAN
MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SITE. DUNCAN ASSUMES NO RESPONSIBILITY
FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED
BY YOU ON THE SITE.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR
THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE,
SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR
EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE
MAXIMUM COLLECTIVE LIABILITY OF DUNCAN, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT
SHALL DUNCAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU
FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE.
12. Indemnification
You agree to indemnify, defend, and hold harmless Duncan, its directors,
officers, employees, and agents from and against all losses, expenses,
damages, and costs, including attorney fees, arising out of or relating to
use of the Site by you, any other person accessing the Site using your
username and password, any violation by you of these Terms, or from our
termination of your access to or use of the Site. Such termination will not
affect either party’s rights or obligations, which accrued before the
termination. The provisions of these Terms apply for the benefit of Duncan
and its officers, directors, employees, and agents. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
13. [Reserved]
14. Alternative Dispute Resolution
Arbitration. Any dispute, controversy, or claim between us arising out of or
relating in any way to these Terms or the Site will be resolved by binding
arbitration, rather than in court, except that you or we (1) may elect to
assert claims in, or transfer claims to, small claims court if your or our
claims qualify, and (2) bring suit in any court of competent jurisdiction to
enjoin infringement or other misuse of intellectual property rights,
including with respect to temporary restraining orders. The Federal
Arbitration Act and federal arbitration law shall apply to this arbitration
agreement. There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award the same
damages and relief as a court (including injunctive and declaratory relief or
statutory damages). At least 30 days before beginning an arbitration
proceeding, you must send an individualized letter personally signed by you,
and identifying yourself by name and address, detailing your legal claims,
the requested relief and requesting arbitration to Chief Legal Officer, 13865
Sunrise Valley Drive, Herndon, Virginia 20171 by certified mail, Federal
Express, UPS or USPS express mail (signature required). We will do the same;
except in the event that we do not have a physical address on file for you,
by electronic mail to the last known address. Within 30 days of such notice,
either party may respond to the letter with a request for an informal dispute
resolution conference between the parties by video, with counsel present if
the party is represented, and the parties agree to so conduct such conference
personally and individually in good faith before initiating arbitration. All
applicable claims or filing limitations period shall be tolled during the
pendency of this pre-arbitration notice period. The arbitration will be
conducted by JAMS under its applicable rules unless otherwise stated herein.
If JAMS is not available to arbitrate, the parties will select an
alternative arbitral forum. You and we also agree to delegate the issue of
arbitrability to a court of competent jurisdiction, rather than to the
arbitrator. If you are a prevailing party, you may seek reimbursement of
your fees and costs. However, we may seek our attorney’s fees and costs if
the arbitrator finds your claims to be frivolous or brought for an improper
purpose or otherwise not satisfying Federal Rule of Civil Procedure 11.
There will be only one arbitrator, not a panel, unless the parties agree
otherwise. You and we also agree that, if more than one dispute arises
against a party regarding the same or substantially similar issues filed by
or with the assistance of the same law firm, group of law firms, or
organizations, within a ninety (90) day period, our respective claim(s) will
be arbitrated in a coordinated fashion such that JAMS shall (1) administer
the arbitration demands together; (2) appoint one arbitrator for the
coordinated demands (unless the parties agree otherwise); and (3) issue one
set of filing and administrative fees due per side, one procedural calendar,
and one hearing (if any) in a place to be determined by the arbitrator. To
the extent the parties disagree on the application of the provisions of this
paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a
sole standing arbitrator to determine the applicability of this paragraph and
process. The Administrative Arbitrator’s fees shall be paid by us. This
arbitration agreement will survive termination of the agreement.
Enforceability. If this arbitration agreement is invalidated in whole or in
part, by either a court or by JAMS (or another chose arbitral forum), then
the entire arbitration agreement shall be null and void and either party may
elect to proceed with the dispute in court. The parties agree that the
exclusive jurisdiction in Section 15 (“Miscellaneous”) shall govern the
claim.
Jury Trial and Small Claims Court. If for any reason a claim proceeds in
court rather than in arbitration, we each waive any right to a jury trial.
We also both agree that you or we may bring suit in any court of competent
jurisdiction to enjoin infringement or other misuse of intellectual property
rights, including with respect to temporary restraining orders.
Class Action Waiver. Regardless of arbitrability, we each agree that any
dispute resolution proceedings or lawsuits, whether in arbitration or in a
court of law, will be conducted only on an individual basis and not in a
class, or representative action. Therefore, you waive all rights to bring
claims on behalf of a class of persons; however, you may still bring an
individual claim for public injunctive relief and in small claims court.
Nothing in this provision, however, should operate to prevent the parties
from settling claims on a class-wide basis or otherwise coordinating claims
filed in arbitration.
15. Miscellaneous
You represent and warrant that you possess the legal right and ability to
enter into these Terms and to use the Site in accordance with these Terms.
You represent and warrant that you shall comply with all laws and
regulations that apply to your access and use of the Site, including any
applicable national laws that prohibit the export or transmission of
technical data or software to certain territories or jurisdictions. Duncan
reserves the right to seek all remedies available at law and in equity for
violations of these Terms, including the right to remove your account and any
contents generated by you on the Site, to block your access to the Site, or
to block IP addresses. These Terms shall be governed in all respects by the
substantive laws of the Commonwealth of Virginia, without regard to its
provisions relating to conflict of laws. You and Duncan agree to submit to
the personal and exclusive jurisdiction and venue of the state and federal
courts located within Fairfax County, Virginia to resolve any dispute, claim,
or controversy that relates to or arises in connection with these Terms and
the Site (and any non-contractual disputes and/or claims relating to or
arising in connection with it) and that is not subject to mandatory
arbitration under Section 14 (“Alternative Dispute Resolution”) above. The
failure of Duncan to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect. You agree that
regardless of any statute, regulation, or law to the contrary, any claim or
cause of action arising out of or related to use of the Site or the Terms
must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
16. [Reserved]
* Contact
CONTACT US:
Please contact us at (866) 286-4307 during normal business hours.
* Privacy Policy
PRIVACY POLICY
Privacy
This privacy policy discloses the privacy practices for www.dspayments.com
(the "Site"), which is operated by Duncan Solutions, LLC, including its
subsidiaries and affiliates under common ownership, ("we", "us", "our") on
behalf of its clients. We are committed to protecting your privacy. This
policy applies to individual consumers whose information we obtain while
providing services to or on behalf of our clients. We may collect and use
personally identifiable information or other information about you to conduct
and manage our business, including operating and improving the Site, to
process your transactions, deliver our services, to fulfill legal and
regulatory requirements, and as otherwise permitted by applicable law. We do
not sell your information.
Sources of this information may include the following:
Information we receive from the entity on whose behalf we provide services
(the "Client") and from information or applications submitted by you to the
Client;
Information we receive from you voluntarily while using the Site, and which
may include your name, address, license plate number, driver's license or
vehicle registration information, phone number, email address, credit or
debit card information, checking or savings account information, or other
information you provide;
Information about your transactions on the Site, with our subsidiaries or
affiliates, or others, such as your account balance and payment history; and
Information we receive from third parties, such as third-party service
providers who provide payment account validation services.
The types of personally identifiable information about you that we collect on
the Site and from Clients, third parties, subsidiaries, and affiliates,
include the following:
Contact information such as your name, address, email address, or telephone
number.
Identification information such as a license plate number, driver's license
or vehicle registration information, or an account number.
Financial information such as account and payment information.
Other Information
We automatically collect information about you, such as device ID and other
information when you visit the Site to help us improve and provide services
to you on behalf of the Client. This type of information does not identify
you personally ("Other Information").
The types of Other Information we collect:
1. Device ID such as your internet protocol (IP) address (IP address is a
number assigned to a device connected to the internet)
2. Information collected through cookies and other technologies
We may place and read data stored (via session and/or persistent "cookies" or
other device specific storage capabilities) on the device you are using, and
use other technologies such as Web beacons, clear GIFs, tracking pixels and
tags, when you visit or use the Site. Cookies are small data files that are
placed on your device for a variety of purposes, including to identify your
device or your account when you return to the Site. You can generally remove,
block, or disable cookies by using the settings located in your browser. If
you decide to remove or not accept cookies, some features and services on the
Site may not work properly. To the extent permitted by applicable law, third
parties, including our service providers, may collect information about your
online activities over time and across different sites, including when you
visit the Site. In particular, the Site may use Google Analytics to help
collect and analyze certain information for the purposes discussed above. You
may opt out of the use of cookies by Google Analytics using the button below.
Some browsers have a "do not track" feature that lets you tell websites that
you do not want to have your online activities tracked. Currently, we do not
respond to browser "do not track" signals.
More Info on Google Analytics
Opt Out of Google Analytics Cookies
How We Share
We only share your information to affiliated and non-affiliated third parties
as permitted or required by applicable law, including the Drivers Privacy
Protection Act ("DPPA") and the federal Fair Debt Collection Practices Act
(“FDCPA”), if applicable. We may share information we collect with
third-party service providers that provide services to us, such as payment
account validation to protect against fraud and theft, data storage
providers, payment processing functions, or other services. When we share
your information with these third parties, including service providers, they
are required to limit their use of your information to the particular purpose
for which it was shared, and they are not allowed to share it with others
except to fulfill that limited purpose.
Security
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. You may have other privacy
protections under state laws. These measures include computer safeguards and
secured files and buildings. Nevertheless, it is crucial that, as a user, you
protect against unauthorized access to your computer and that you always sign
off when finished using a shared computer. Further, you should be aware that
no system is impenetrable. Thus, it is your responsibility to diligently
monitor your credit card statements, bank statements and similar personal
information to discover and address as quickly as possible any misuse of your
personal information.
Children's Privacy
We do not intend to collect personal information from children under 13 years
of age. If we learn that we have collected this information from a child
under the age of 13, we will promptly take all reasonable steps to delete the
data from our system.
Policy Changes
The effective date of this policy is February 2022. It replaces all prior
privacy policies issued. We reserve the right to amend this privacy policy at
any time and we will inform you of any changes to this policy by posting the
revised privacy policy on the Site, or as otherwise required by law.
Contact Us
For more information regarding this privacy policy, please contact us at:
633 W Wisconsin Ave. Suite 1600
Milwaukee, WI 53203
* Terms Of Use
TERMS OF USE
Website Terms of Usage and Disclaimers
Effective Date: July 2024
Duncan Solutions, LLC, and affiliates under common ownership ("Duncan", “we”,
“us” or “our”) maintain the websites we operate on behalf of our clients and
which you are accessing, including dspayments.com, dsmyportal.com,
dsmobilityplus.com, and dsparkingportal.com, (collectively, the “Site”). The
Site can be used to execute online transactions. Duncan requires that all
visitors to the Site on the Internet adhere to the following Terms of Usage
and Disclaimers (“Terms”). By accessing the Site, you indicate your
acknowledgment and acceptance of these Terms. Please read them carefully.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE
SITE.
BINDING ARBITRATION
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND DUNCAN MAY HAVE
AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED
EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST DUNCAN TO BINDING
AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE
REVIEW SECTION 14 (“ALTERNATIVE DISPUTE RESOLUTION”) FOR THE DETAILS
REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH DUNCAN.
1. Changes to Terms
Duncan reserves the right to modify or discontinue, temporarily or
permanently, the Site for any reason, at its sole discretion, with or without
notice to you. Duncan likewise may change the Terms and conditions of the
Terms from time to time with or without notice to you. You agree to review
the Terms periodically to ensure that you are aware of any modifications.
The Effective Date of these Terms is set forth at the top of this webpage.
Your continued access or use of the Site after the modifications have become
effective shall be deemed your conclusive acceptance of the modified Terms.
The amended Terms supersede all previous versions.
2. Intellectual Property
THE CONTENTS OF THE SITE, INCLUDING ITS “LOOK AND FEEL” (E.G., TEXT,
GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES,
SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE
PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK,
AND OTHER LAWS. The contents belong to Duncan or to others as indicated.
The information and materials contained in the Site may not be copied,
displayed, scraped, distributed, downloaded, licensed, modified, published,
reposted, reproduced, reused, sold, supplemented, transmitted, used to create
a derivative work or otherwise used for public or commercial purposes without
the express written permission of Duncan. All rights not expressly granted
herein are reserved to us and our licensors.
3. License
Duncan grants you a limited license to access and make personal use of the
Site subject to these Terms. Your right to use the Site is personal to you.
You agree not to reproduce, duplicate, copy, sell, resell, use or exploit
for any commercial purposes, the Site or use of or access to the Site or any
information or technology obtained from the Site.
4. Security and Restrictions
You are prohibited from violating or attempting to violate the security of
the Site, including by (a) accessing data not intended for such user or
logging onto a server or an account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (c) accessing or using the Site or any portion thereof without
authorization; or (d) introducing any viruses, Trojan horses, worms, logic
bombs or other material which is malicious or technologically harmful. You
agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy the Site pages or the content contained
herein without our prior express, written permission which may be exercised
in our sole discretion. You agree that you will not use any device, software
or routine to interfere or attempt to interfere with the proper working of
the Site or any transaction being conducted on the Site and will not use the
Site in any manner that could disable, overburden, damage, or impair the Site
or interfere with any other party’s use of the Site. You agree that you will
not use the Site to engage in any conduct that restricts or inhibits anyone’s
use or enjoyment of the Site, or which, as determined by us, may harm us or
users of the Site or expose them to liability. You agree to abide by all
applicable local, state, national, and international laws and regulations in
your use of the Site. The Site is available only to individuals who are
permitted to use it under applicable law. If you do not qualify, please do
not use the Site. You agree to be solely responsible for your actions and
the contents of your transmissions through the Site. You agree not to
impersonate any person or entity or falsely state or otherwise misrepresent
your identity or affiliation with a person or entity. Duncan is permitted to
disclose the information you provide to financial institutions, educational
institutions, government agencies, and other authorized third parties as
necessary in accordance with our contract requirements and any applicable
law. You agree that Duncan may terminate your password, account, or use of
the Site in Duncan’s sole discretion for any reason.
5. Notice
All notices you give to us in accordance with these Terms shall be in writing
and shall be made either via e-mail or conventional mail, unless the Terms
expressly state otherwise. In addition, Duncan may post notices or links to
notices through the Site to inform you of changes to the Terms, the Site, or
other matters of importance.
6. Privacy
Please see our Privacy Policy, which is incorporated by reference into these
Terms, for the details of our commitment to your privacy.
7. Third-Party Links and Services
On this Site, you will find content, functions, information, and tools,
including that provided by third parties that are not the property of Duncan.
While we strive to keep both Duncan and the third-party-provided information
current and accurate, we cannot guarantee and expressly do not warrant that
the third-party content, functions, information and tools are error-free or
that your access will be uninterrupted or that material accessible from this
Site is free of viruses. On this Site you may find numerous links which will
transfer you to the site or online service of an organization that can
provide you with value-added information and/or functionality. By linking to
these sites/online services, Duncan does not represent or imply that there is
any business relationship between the two entities. Duncan is not
responsible for the content and performance of these sites/online services or
for your transactions with them. Please understand that the information
collected by such sites/online services and the content and practices of such
sites/online services are not covered by Duncan’s Privacy Policy or these
Terms. Furthermore, Duncan strives to keep these links/online services as
current and accurate as possible, but we cannot guarantee and we expressly do
not represent or warrant that they point to the intended third-party site.
Links to and from this site do not constitute a Duncan endorsement.
8. Assumption of Risk
All content on the Site is for informational purposes of a general nature
only and does not address any circumstances of any particular individual or
entity, with the exception of individual or entity account information. Do
not construe any such information or material as legal, tax, investment,
financial, professional or any other advice. Nothing on the Site constitutes
professional and/or financial advice, nor does any information found on this
Site constitute a comprehensive or complete statement of the matters
discussed. Duncan is not a fiduciary by virtue of any person's use of or
access to the Site and content contained in the Site. Any information,
materials, statements and/or data set out herein is subject to change any
time without notice and as such, no reliance may be placed on the fairness,
accuracy, completeness or correctness of any information and materials
contained on the Site. You alone assume the sole responsibility of
evaluating all merits and risks that are or may be associated with any use of
any information or material on the Site, or drawing any conclusions based on
the information and content found on the Site. In exchange for using the
Site, you agree not to hold Duncan, its affiliates, or any third-party
service provider(s) liable for any possible claim for damages arising from
any decisions you made or had made based on the information or content made
available to you on the Site. In any event, Duncan and/or its employees,
advisors and representatives are not liable for any loss or damage whatsoever
arising or incurred from any use of or reliance on the Site, its contents or
otherwise arising in connection with the Site. Use of this Site and the
submission of any forms completed by you through this Site do not
automatically qualify you for any program, status or desired outcome in which
you seek participation or approval.
9. User Account
If the Site is configured for online account setup, you may register an
account on the Site. You agree that the information you provide to us during
the registration process and at all other times when you use the Site is
accurate, current, and complete, and that you will keep it up-to-date at all
times. If you provide any information that is, or that Duncan has reasonable
grounds to suspect is, untrue, inaccurate, not current, or incomplete, Duncan
has the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof). If you are not a
registered user, you may receive an ID and password upon completing the
registration process. You are responsible for maintaining the
confidentiality of your log-in name and password and for any and all
activities that occur under your account. You are the sole authorized user
of any account you create through the Site. You may not authorize others to
use your account-holder status, and you may not assign or otherwise transfer
your account to any other person or entity. You agree to immediately notify,
orally or in writing, Duncan or Duncan’s client with whom you are transacting
with on the Site and on whose behalf the Site is operated of any unauthorized
use of your account or any other breach of security known to you. Duncan
will not be liable for losses, damages, liability, expenses, and fees
incurred by Duncan or a third party arising from someone else using your
account regardless of whether you have notified us of such unauthorized use.
You understand and agree that we may require you to provide information that
may be used to confirm your identity and help ensure the security of your
account.
10. Feedback
Except for any personally identifiable information we may collect from you
under the guidelines established in our Privacy Policy, any material,
information or other communication you provide to Duncan, including any
ideas, comments, suggestions, feedback, inventions, content, data or the like
(“Feedback”) will be considered non-confidential and non-proprietary. Duncan
will have no obligations with respect to the Feedback. Furthermore, you
hereby assign and agree to assign to Duncan all intellectual property rights
and waive any publicity or similar rights you have in any Feedback. By
submitting the Feedback to Duncan, you agree Duncan is free to use the
Feedback, without limitation and without any compensation to you or any other
party, for any purpose whatsoever and in identifiable or de-identifiable
form. Duncan and its designees will be free to copy, disclose, distribute,
incorporate, commercialize, and create derivative works and otherwise use the
Feedback and all data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial purposes.
11. Disclaimer; Limitation of Liability
You agree that all access and use of the Site and its contents is at your own
risk. By using the Site, you acknowledge that we specifically disclaim any
liability (whether based in contract, tort, negligence, strict liability or
otherwise) for any direct, indirect, incidental, common law, statutory,
regulatory, consequential, compensatory, punitive, or special damages arising
out of or in any way connected with your access to or use of the Site (even
if we have been advised of the possibility of such damages) including any
liability associated with any viruses which may infect your computer
equipment. Calculators and tools that may be on the Site provide you with
ESTIMATES that may be different than actual amounts.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY CONTENTS, MATERIALS OR
INFORMATION PROVIDED ON THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. DUNCAN EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. DUNCAN MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR
REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; NOR DOES DUNCAN
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SITE. DUNCAN DISCLAIMS ANY WARRANTY THAT THE SITE (OR ANY INFORMATION OR
SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR
OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. DUNCAN
MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SITE. DUNCAN ASSUMES NO RESPONSIBILITY
FOR THE DELETION OR FAILURE TO STORE ANY DATA OR OTHER INFORMATION PROVIDED
BY YOU ON THE SITE.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR
THE EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE,
SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR
EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE
MAXIMUM COLLECTIVE LIABILITY OF DUNCAN, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT
SHALL DUNCAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU
FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE.
12. Indemnification
You agree to indemnify, defend, and hold harmless Duncan, its directors,
officers, employees, and agents from and against all losses, expenses,
damages, and costs, including attorney fees, arising out of or relating to
use of the Site by you, any other person accessing the Site using your
username and password, any violation by you of these Terms, or from our
termination of your access to or use of the Site. Such termination will not
affect either party’s rights or obligations, which accrued before the
termination. The provisions of these Terms apply for the benefit of Duncan
and its officers, directors, employees, and agents. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
13. [Reserved]
14. Alternative Dispute Resolution
Arbitration. Any dispute, controversy, or claim between us arising out of or
relating in any way to these Terms or the Site will be resolved by binding
arbitration, rather than in court, except that you or we (1) may elect to
assert claims in, or transfer claims to, small claims court if your or our
claims qualify, and (2) bring suit in any court of competent jurisdiction to
enjoin infringement or other misuse of intellectual property rights,
including with respect to temporary restraining orders. The Federal
Arbitration Act and federal arbitration law shall apply to this arbitration
agreement. There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award the same
damages and relief as a court (including injunctive and declaratory relief or
statutory damages). At least 30 days before beginning an arbitration
proceeding, you must send an individualized letter personally signed by you,
and identifying yourself by name and address, detailing your legal claims,
the requested relief and requesting arbitration to Chief Legal Officer, 13865
Sunrise Valley Drive, Herndon, Virginia 20171 by certified mail, Federal
Express, UPS or USPS express mail (signature required). We will do the same;
except in the event that we do not have a physical address on file for you,
by electronic mail to the last known address. Within 30 days of such notice,
either party may respond to the letter with a request for an informal dispute
resolution conference between the parties by video, with counsel present if
the party is represented, and the parties agree to so conduct such conference
personally and individually in good faith before initiating arbitration. All
applicable claims or filing limitations period shall be tolled during the
pendency of this pre-arbitration notice period. The arbitration will be
conducted by JAMS under its applicable rules unless otherwise stated herein.
If JAMS is not available to arbitrate, the parties will select an
alternative arbitral forum. You and we also agree to delegate the issue of
arbitrability to a court of competent jurisdiction, rather than to the
arbitrator. If you are a prevailing party, you may seek reimbursement of
your fees and costs. However, we may seek our attorney’s fees and costs if
the arbitrator finds your claims to be frivolous or brought for an improper
purpose or otherwise not satisfying Federal Rule of Civil Procedure 11.
There will be only one arbitrator, not a panel, unless the parties agree
otherwise. You and we also agree that, if more than one dispute arises
against a party regarding the same or substantially similar issues filed by
or with the assistance of the same law firm, group of law firms, or
organizations, within a ninety (90) day period, our respective claim(s) will
be arbitrated in a coordinated fashion such that JAMS shall (1) administer
the arbitration demands together; (2) appoint one arbitrator for the
coordinated demands (unless the parties agree otherwise); and (3) issue one
set of filing and administrative fees due per side, one procedural calendar,
and one hearing (if any) in a place to be determined by the arbitrator. To
the extent the parties disagree on the application of the provisions of this
paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a
sole standing arbitrator to determine the applicability of this paragraph and
process. The Administrative Arbitrator’s fees shall be paid by us. This
arbitration agreement will survive termination of the agreement.
Enforceability. If this arbitration agreement is invalidated in whole or in
part, by either a court or by JAMS (or another chose arbitral forum), then
the entire arbitration agreement shall be null and void and either party may
elect to proceed with the dispute in court. The parties agree that the
exclusive jurisdiction in Section 15 (“Miscellaneous”) shall govern the
claim.
Jury Trial and Small Claims Court. If for any reason a claim proceeds in
court rather than in arbitration, we each waive any right to a jury trial.
We also both agree that you or we may bring suit in any court of competent
jurisdiction to enjoin infringement or other misuse of intellectual property
rights, including with respect to temporary restraining orders.
Class Action Waiver. Regardless of arbitrability, we each agree that any
dispute resolution proceedings or lawsuits, whether in arbitration or in a
court of law, will be conducted only on an individual basis and not in a
class, or representative action. Therefore, you waive all rights to bring
claims on behalf of a class of persons; however, you may still bring an
individual claim for public injunctive relief and in small claims court.
Nothing in this provision, however, should operate to prevent the parties
from settling claims on a class-wide basis or otherwise coordinating claims
filed in arbitration.
15. Miscellaneous
You represent and warrant that you possess the legal right and ability to
enter into these Terms and to use the Site in accordance with these Terms.
You represent and warrant that you shall comply with all laws and
regulations that apply to your access and use of the Site, including any
applicable national laws that prohibit the export or transmission of
technical data or software to certain territories or jurisdictions. Duncan
reserves the right to seek all remedies available at law and in equity for
violations of these Terms, including the right to remove your account and any
contents generated by you on the Site, to block your access to the Site, or
to block IP addresses. These Terms shall be governed in all respects by the
substantive laws of the Commonwealth of Virginia, without regard to its
provisions relating to conflict of laws. You and Duncan agree to submit to
the personal and exclusive jurisdiction and venue of the state and federal
courts located within Fairfax County, Virginia to resolve any dispute, claim,
or controversy that relates to or arises in connection with these Terms and
the Site (and any non-contractual disputes and/or claims relating to or
arising in connection with it) and that is not subject to mandatory
arbitration under Section 14 (“Alternative Dispute Resolution”) above. The
failure of Duncan to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect. You agree that
regardless of any statute, regulation, or law to the contrary, any claim or
cause of action arising out of or related to use of the Site or the Terms
must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
16. [Reserved]
TOLL VIOLATION INFORMATION FOR THE POCAHONTAS PARKWAY
Violation Notice Number and License Plate Violation Notice Number and License
Plate
SEARCH BY VIOLATION NOTICE NUMBER AND/OR LICENSE PLATE:
Enter the violation notice number and/or license plate from the letter you have
received.
Violation Notice Number :
License Plate :