Bill Presentment and Payment Terms of Service

As used in these Bill Presentment and Payment Terms of Service (the “Agreement”) “we”, “us”, and “our” mean and refer to the merchant or biller identified at this website, and “you” and “your” mean and any person using the online bill payment and presentment services (the “Service”) provided at this website.  This Agreement is designed to provide you information about the Service and outlines important conditions that apply to your use of the Service.  We use third party vendors and service providers to provide the Service. When you use or receive the Service from us, you authorize us and any third party vendors or service providers we may use to perform requested functions regarding your account and you agree to this Agreement.

1.      Authorized Users. You agree that you are an authorized user on the account with us that you access in connection with the Service and on the payment account you use to make payments using the Service.  If there are other authorized users on your account with us or the payment account you use to make payments using the Service, you hereby authorize each of them to use the Service.

2.      Erroneous Instructions. If we receive an instruction authorized by you or using your account credentials related to the Service and the instruction is erroneous in any way, we shall have no obligation or liability to you for the error except as otherwise required by law.

3.      Transaction Limitations. Please be aware that certain types of bank accounts have limits on the numbers of transfers or withdrawals that may be made per month. Your bank may refuse transfers which would exceed such limits, so we recommend you check with your bank to determine what limitations are imposed on withdrawals from any account. If we are not able to debit the amount required to cover an authorized payment and any fees from your bank account, we will not be able to make the payment you have authorized, and will not be held liable for any costs, damages, returned item or insufficient funds fees, or any other losses caused by the failure to make the payment. We have no obligation to try to debit an account for a specific payment more than once.

4.      Review of Account Statements.  You agree to regularly and promptly review and verify all information reflected on any bill presented to you and regarding any payment you make or attempt to make in connection with the Service. Also, if your bank or credit card statement shows transactions by us that you did not authorize or that you otherwise believe are erroneous, you should contact your bank.

5.      Changes to this Agreement.  We may modify this Agreement from time to time.  Any changes we make to this Agreement will be effective immediately upon posting to our website, and you waive any right you may have to receive specific notice of such changes or modifications.  You will be able to tell when this Agreement was updated by checking the “Last Revised” date above.

 

6.      DISCLAIMER OF WARRANTIES; RELEASE FROM LIABILITY.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

YOU AGREE THAT NEITHER WE NOR ANY OF OUR VENDORS, SERVICE PROVIDERS, OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES OR CLAIMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE OR OUR VENDORS, SERVICE PROVIDERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE SERVICES AS A RESULT OF THE FAILURE OR UNAVAILABILITY OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THE SERVICE, (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE OR YOUR USE THEREOF.

 

EXCEPT TO THE EXTENT CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, YOU AGREE TO INDEMNIFY, PROTECT AND FULLY COMPENSATE US AND OUR VENDORS, SERVICE PROVIDERS AND LICENSORS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE SERVICE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

 

7.       Miscellaneous.  This Agreement constitutes the current, sole, and entire agreement between you and us with respect to your use of the Service, and any and all prior terms of use with respect to the use of the Service are superseded by this Agreement.  No failure by us to exercise, and no delay by us in exercising, any right or remedy shall operate as a waiver thereof.  If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, such provision shall be deemed automatically reformed to the extent, and only to the extent, necessary to render it valid and enforceable under applicable law; however, if such reformation of the provision is not reasonably possible, the provision shall be deemed severed from this Agreement with respect to the person or circumstances as to which such provision shall be invalid or unenforceable, and the remainder of this Agreement continue in full force and effect to the fullest extent permitted by law.  You agree not to use the Service or our website for illegal purposes.  This Agreement shall be governed by and construed in accordance with the laws of the state where our primary place of business is located, without regard to such state’s conflicts of laws provisions.