Hiland Water Corporation Online Bill Pay Service Terms and Conditions Agreement
Prior to your receiving access to Hiland Water Corporation's Online Bill Pay Service, Hiland Water Corporation (hereinafter "Company") requires you to review the below terms and conditions and indicate your consent to them in order to provide you this service electronically.
Terms and Conditions of Use: NOTICE: THIS IS A BINDING CONTRACT. BEFORE YOU ACCESS AND USE THE SERVICE AVAILABLE ON THIS WEB SITE AND MADE AVAILABLE TO YOU BY THE COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS (HEREINAFTER "SERVICE"), CAREFULLY READ THIS AGREEMENT (HERINAFTER "AGREEMENT"). BY ACCESSING THIS WEB SITE AND USING THE SERVICE OR CLICKING THE APPLICABLE BUTTON TO INITIATE YOUR ACCESS, YOU CONSENT TO THE TERMS OF THIS AGREEMENT, AS THEY MAY BE AMENDED FROM TIME TO TIME AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU USE THIS SITE, YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD AND FOR RESTRICTING ACCESS TO YOUR COMPUTER, AND YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR PASSWORD. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS AGREEMENT AND BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, SELECT THE APPROPRIATE BUTTON TO CANCEL THE ACCESS PROCESS AND DO NOT USE THE SERVICE OR FURTHER ACCESS THIS WEB SITE.
The following definitions apply to this Agreement:
"Account" is defined as the services you are being provided by the Company and or Service.
"Business Day" is defined as Monday through Friday, excluding holidays.
Permission to Access
As additional consideration for your agreeing to these terms and conditions, the Company is willing to provide you with a limited, non-exclusive, non-transferable right to access this Web site and use the Service for your internal use only, but only pursuant to the terms and conditions of this Agreement.
By providing the Service with your credit/debit card account information, you authorize the Service to follow your payment instructions and to debit or charge your credit card in the amount indicated in your payment instructions. The Company reserves the right to suspend or refuse service, terminate accounts, block or terminate payment activity, remove or edit content, or cancel transactions at their sole discretion. Neither the termination nor suspension of your use of this Service shall affect your liability or obligations for timely payment of your utility bills to the Company.
Disclaimer as to the Service, Warranties, and Limitation of Liability
The Company will make reasonable efforts through the Service to complete a bill payment to your Account on time (within two to three Business Days) and in the correct amount in accordance with this Agreement. However, the Company is responsible for making reasonable efforts to fulfill only those Account requests actually received via the Service. THE COMPANY IN ANY EVENT SHALL NOT BE LIABLE NOR ACCOUNTABLE FOR ANY DAMAGES OR LOSSES (WHETHER DIRECT OR INDIRECT) RESULTING FROM A DELAY OR ANY OTHER FAILURE OF THE SERVICE INCLUDING BUT NOT LIMITED TO TRANSMITTAL OF A MESSAGE VIA THE SERVICE, WHETHER ARISING FROM USER ERROR, MALFUNCTION OF EQUIPMENT, NATURAL IMPEDIMENTS, NETWORKING IMPEDIMENTS AND/OR INACCURATE OR INCOMPLETE INFORMATION, FAILURE BY YOU TO HAVE SUFFICIENT FUNDS IN YOUR ACCOUNT, OR BY ANY OTHER CAUSE, AND BY USING THE SERVICE YOU UNDERSTAND THE POSSIBILITY OF SAME AND AGREE TO THIS. IN NO EVENT SHALL THE COMPANY'S OR THE THIRD PARTY SERVICE PROVIDERS' LIABILITY FOR DAMAGES EXCEED THE TOTAL AGGREGATE FEES YOU PAID TO THE COMPANY FOR THE SERVICE.
THOUGH EVERY ATTEMPT IS MADE TO PROVIDE ACCURATE AND TIMELY INFORMATION ON OUR WEB SITE, THE SERVICE (AND ALL INFORMATION AND DATA YOU MAY RECEIVE AS A RESULT OF ACCESSING THE SERVICE) AND THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE SERVICE AND SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. THE COMPANY AND THE THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SERVICE (AND ALL INFORMATION AND DATA YOU MAY RECEIVE AS A RESULT OF ACCESSING THE SERVICE) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DO NOT WARRANT THAT THE OPERATION OF THE WEB SITE AND THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY AND THE THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES NOT STATED HEREIN. YOU AGREE THAT THE SERVICE (AND ALL INFORMATION AND DATA YOU MAY RECEIVE AS A RESULT OF ACCESSING THE SERVICE) IS NOT A CONSUMER GOOD FOR PURPOSES OF FEDERAL OR STATE WARRANTY LAWS. THE FOREGOING SHALL CONSTITUTE THE COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING IN ANY WAY FROM THE USE OF THIS SERVICE.
Liability for Returned Payments
In the event your online payment is not processed or authorized by your credit card company or financial institution, your liability for timely payment of your utility bill to the Company will not change. Failure to pay your utility bill on time will subject you to late charges and/or termination of utility service in accordance with the Company's policies. The Company will not accept liability for a payment not processed, refused, or declined by the credit card supplier. You must verify with your credit card company that the payment is processed.
Online Refund Policy
In the event that your credit card was charged in error, written requests for refunds or adjustments should be made within thirty (30) days of the original transaction. The period of thirty (30) days will begin from the transaction processing date. We reserve the right to revise this policy at any time.
Other Legal Terms and Conditions
The Company reserves the right to change this Service (including terminating the Online Bill Pay Service) and these Terms and Conditions of Use, in our sole discretion and at any time, without notice to you except as required by applicable law. The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of the Company.
The laws of the State of Oregon shall govern the interpretation, validity, performance and enforcement of this Agreement. Any disputes or other actions arising out of this Agreement or the reports provided herein shall be tried in Yamhill County, Oregon, and the parties hereby agree that exclusive venue shall lie in Yamhill County, Oregon. If any of these terms and conditions shall be deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions of use.
All logos and trademarks contained within this site are the sole property of Hiland Water Corporation. It is prohibited for anyone to use such trademarks without the written consent Hiland Water Corporation. This site may also contain such logos and trademarks of a third party, in which case it is also prohibited to use these marks without consent.
The content contained in this site is protected by copyright law. It is prohibited for users to display, distribute, publish, sell, transmit, license, and create derivative works or to use any content that is contained within Hiland Water Corporation's Web site for any purpose whatsoever. Any unauthorized use of this information may be punishable by law.
If you do not consent to continuous monitoring of activity on the system, please exit the system now.