Terms and Conditions of Use
This Site and the Services offered through the Site (the “Service“) is an on-line service that enables access to billing and account information as well as electronic payment services.
THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT“) GOVERN YOUR USE OF OUR Service AS PROVIDED BY US and OUR Application Administrators and Licensors which include ClearGage, Inc. (“Providers”) and accessed through this Site (the “SITE“). YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO access the site and to enter into this Agreement. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Through the Service, you will have access to view your billing and payment records and to complete electronic payments.
Please read our Privacy Statement posed at the Site to understand how we will protect your privacy and use information that you provide to us.
The security of any data you submit via this site is very important to us. This site uses encryption technology. The Service will be accessible through a password selected by you. We will maintain the confidentiality of your password and you must not disclose your password to any unauthorized person. If your password has been compromised in any way or you believe that some other person has access to your password, you must notify us immediately.
You authorize Providers to process payments according to your instructions which may include without limitation payments from a bank or financial institution account (the “Transaction Account“) that you designate according to your instructions. It is your responsibility to establish and maintain sufficient funds in the Transaction Account and to pay any and all fees associated with the Transaction including any fees charged by Provider and/or your bank of financial institution for failed transactions. You authorize Providers to charge your transaction account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible.
For this reason, it is recommended that all payment authorizations be received by Providers at least three (3) business days before the actual due date, not the late date. If you properly follow the procedures described herein, and Providers fails to deliver bills to you or process payment authorizations in a timely manner, Providers will bear responsibility for any late charges ($50 maximum) actually incurred by you. In any other event, including, but not limited to, sending a payment authorization less than three (3) days prior to the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.
Providers will use its best efforts to process all your payment authorizations promptly and properly. However, Providers shall incur no liability if it is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
- You have not provided Providers with correct names or account information.
- Circumstances beyond Providers control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization and Providers has taken reasonable precautions to avoid those circumstances.
THE FOREGOING SHALL CONSTITUTE Providers ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.
Authorization of payment of taxes or court-directed payment through the Service is prohibited.
- RULES AND REGULATIONS REGARDING YOUR CONDUCT
You agree to use the Service only for lawful purposes in compliance with all applicable laws. You may not use the Service to (i) fraudulently represent products or services (ii) send spam or other unsolicited or duplicative messages in violation of applicable laws or (iii) facilitate or aide any of the above activities. You may not store, distribute or transmit (i) obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy or intellectual property rights or (ii) materials containing viruses or Trojan horses or tools to compromise the security of other Web sites, tools used to collect email addresses for use in sending unsolicited bulk email, or tools used to send unsolicited bulk mail. You may not post, upload or otherwise distribute copyrighted material without the consent of the copyright holder. You agree that you will comply with all policies and other instructions that we inform you about in relation to Your content or your use of the service.
- Unauthorized Transfers.
If you tell us within two (2) business days after you discover your password has been lost or stolen, you can lose no more than $50.00 if someone uses your Providers account without your permission. If you do not tell us within two (2) business days after you learn of such loss or theft, and we can prove that we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.
In the Event Your Bank Returns a Transaction. In using the Service, you are requesting Providers to make payments for you from your designated transaction account. If your financial institution, or the holder of the account from which you have designated payment from is unable to process a transaction (for example, there are not sufficient funds in your account to cover the transaction), the transaction may not be completed.
As a customer of the Service, you may be charged by Providers for receiving a bill electronically or for payment authorizations that you choose to send electronically. There may be a charge for additional transactions and other optional services. You will receive prior notice of any such charges before incurring them.
- OWNERSHIP RIGHTS
The Service is protected by United States copyright laws and international treaty provisions. You acknowledge and agree that Providers own all right, title, and interest in and to the Service, the technology and software available on the Service. You may download or print your billing and payment records from the Service solely for your own use. Any other copying, redistribution, retransmission to any other entity or publication of any viewable material is prohibited.
THE SERVICE AND THE CONTENT THEREIN ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. Providers DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. providers do NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITATION ON LIABILITY
IN NO EVENT SHALL providers OR their LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF providers HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of the Providers. If any provision of this Agreement is found to be illegal or unenforceable, such provision will be deemed modified to conform to applicable laws or regulations, or if it cannot be so modified without materially altering the intent of the parties, it shall be stricken and the remainder of the Agreement shall continue in full force and effect. This Agreement and all matters related thereto shall be construed in accordance with the laws of the State of Florida, except those rules relating to conflicts of laws. Any action or proceeding arising out of or related to this Agreement shall be brought only in a court located in Hillsborough County, Florida. Each party expressly consents to the jurisdiction of such courts. No delay or failure by either party to exercise any right, power or remedy accruing upon any breach, default or noncompliance under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of such or any subsequent breach, default or noncompliance. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous agreements, communications, representations and understandings (both written and oral) regarding such subject matter. Except as expressly provided herein, this Agreement may only be modified by a written document executed by both all parties.