Terms and Conditions
GENERAL TERMS AND CONDITIONS
These "Terms and Conditions" govern your use of the tvwd.org web
site and your responsibilities as a user. By accessing and using
this web site, you are agreeing to be bound by and comply with the
Terms and Conditions. Tualatin Valley Water District (TVWD)
reserves the right to change the Terms and Conditions by posting
the changes on the web site. Your continued use of the web site
following posting of any changes will constitute your acceptance of
the changes. THE TERMS AND CONDITIONS CONSTITUTE A CONTRACTUAL
AGREEMENT BETWEEN YOU AND TVWD. PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. EACH USE BY YOU OF
THIS WEB SITE REAFFIRMS YOUR ACCEPTANCE OF AND YOUR AGREEMENT TO BE
BOUND AND TO ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT
WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT
CONTINUE TO USE THIS WEB SITE.
Please direct any questions or comments you have concerning the Terms and Conditions to (503) 642-1511 or contact the Webmaster.
DISCLAIMER OF LIABILITY
THE USER OF THIS WEB SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE AND THE INTERNET GENERALLY , INCLUDING BUT NOT LIMITED TO RESPONSIBILITY OR LIABILITY FOR OR DAMAGE CAUSED BY VIRUSES CONTAINED WITHIN ELECTRONIC FILES OR AT THIS WEB SITE.. YOU ACKNOWLEDGE THAT TVWD DOES NOT WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES TVWD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICES AND THE SITE. TVWD AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS WEB SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TVWD DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE WEB SITE OR OTHER MATERIAL ACCESSIBLE FROM THE WEB SITE, OR VIRUSES CONTRACTED BY USE OF THE WEB SITE. IN NO EVENT SHALL TVWD BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS WEB SITE OR THE INTERNET GENERALLY.
PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Online Account Information Web Site. If you permit authorized users or other persons to use the Online Account Information Web Site or your password or other means to access your account, you are responsible for any transactions they authorize. You also agree to notify TVWD within four (4) business days if the password is lost, stolen, or disclosed to an unauthorized third party, or if the password otherwise may have been compromised or if there is any unauthorized use of your account or any other breach of security in the web site known to you.
You agree not to violate or attempt to violate the security of or interfere with the operations of this web site, including without limitation, (a) accessing data or an account that you are not authorized to access or that is not intended for your use; (b) using another user's name, password or account information without authorization from that user; (c) testing the vulnerability of or breaching the security or authentication measures of any system or network related to the web site; (d) interfering with service to any other user, host or network; or (e) attempting to do any of the foregoing actions.
DISCLAIMER OF ENDORSEMENT
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by TVWD. Service information is the sole responsibility of each individual vendor. You bear all risks associated with your use of the other web sites. You agree that TVWD will not be liable for any damages arising from your access to such web sites or your purchase of products or services from such web sites.
LOCAL AND APPLICABLE LAW
TVWD controls and operates this web site from its headquarters in Beaverton, Oregon, USA and makes no representation that the proprietary materials are appropriate or will be available for use in other locations. All marketing or promotional materials and other content found on this web site are solely directed to individuals, companies or other entities who receive a statement, invoice or bill from TVWD, or other entities for which TVWD acts as a billing or collection agent. Any action related to these Terms and Conditions will be governed by Oregon law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You consent to extra-territorial service of process, and agree to submit to the jurisdiction and venue of the courts of general jurisdiction of the State of Oregon located in Washington County in the State of Oregon, for the resolution of all disputes arising from or related to these Terms and/or your use of this web site.
ALTERATIONS AND AMENDMENTS
You agree that TVWD can revise these Terms and Conditions at any time. In such event, TVWD shall provide notice to you at the time you log in to manage your account. Any use of the Online Account Information Web Site after TVWD provides you a notice of change will constitute your agreement to such change(s). Further, TVWD may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, TVWD reserves the right to terminate this agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the more recent revisions and updates. You authorize TVWD to send or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing TVWD with your account information that you wish to direct payments, you authorize TVWD to follow the payment instructions that it receives through the payment system. If you choose to utilize a payment account that is a credit card account, you understand and acknowledge that TVWD does not perform any identity verification on such credit card accounts. When TVWD receives a payment instruction, you authorize TVWD to debit your payment account and remit funds on your behalf. You warrant that any payment account you add to your profile is an account from which you are authorized to make payments, and any payment you make using the Online Account Information Web Site will debit/charge a payment account that you are legally authorized to use. However, TVWD shall incur no liability and any service guarantee shall be void if TVWD is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: 1. If, through no fault of, by, or from TVWD, your payment account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account; 2. The payment processing center is not working properly and you know or have been advised by TVWD about the malfunction before you execute the transaction; 3. You have not provided TVWD with the correct payment account information, or the correct name, address, phone number, or account information; and/or, 4. Circumstances beyond control of TVWD (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and TVWD has taken reasonable precautions to avoid those circumstances. 5. Provided none of the foregoing exceptions are applicable, if TVWD causes an incorrect amount of funds to be removed from your payment account, TVWD shall be responsible for returning the improperly transferred funds to your payment account.
ACCOUNT INFORMATION CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone number, e-mail address, Electronic Funds Transfer information, and credit card numbers. Changes can be made either within your user profile or by contacting customer service. All changes made are effective immediately for scheduled and future payments paid from the updated payment account information. TVWD is not responsible for any payment processing errors or fees incurred if you do not provide accurate payment account or contact information.
SERVICE FEES AND ADDITIONAL CHARGES
Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider, or fees or other charges assessed by your credit or debit card issuer or depository account institution.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel your Online Account Information Web Site account, you may do so via one of the following: 1. By using the Online Account Information Web Site's cancellation feature. 2. Call TVWD Customer Service at (503) 642-1511 during regular office hours. Any payment(s) TVWD has already processed before the requested cancellation date will be completed by TVWD. All scheduled payments will not be processed once the service is cancelled. TVWD may terminate or suspend your online account to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
STOP PAYMENT REQUESTS
TVWD cannot assist with stop payment requests for any payments using a credit card account; in such case, you must contact your credit card company directly. The following applies only to payments scheduled using Electronic Funds Transfer: TVWD's ability to process a stop payment request will depend on the bill payment method and whether or not a bill payment has cleared. TVWD may also not have a reasonable opportunity to act on any stop payment request after a bill payment has been processed. If you desire to stop any payment that has already been processed, you must contact customer service. Although TVWD will make every effort to accommodate your request, TVWD will have no liability for failing to do so.
FAILED OR RETURNED TRANSACTIONS
In using the Online Account Information Web Site, you are requesting TVWD to make payments for you from your credit or debit card deposit account. If we are unable to complete the transaction for any reason associated with your payment account (for example, there are insufficient funds in your payment account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from TVWD. In each such case, you agree that: 1. You will reimburse TVWD immediately upon demand the transaction amount that has been returned to TVWD or that is otherwise owed to TVWD; 2. You may be assessed a fee by your financial institution as a result of the return; 3. You will reimburse TVWD for any fees it incurs in attempting to collect the amount of the return from you; , 4. TVWD is authorized to report the facts concerning the return to any credit-reporting agency; and 5. You will reimburse TVWD for any attorney fees, court costs or other expenses or cost incurred by TVWD in attempting to collect from you.
In the event of a dispute regarding the Online Account Information Web Site, you and TVWD agree to resolve the dispute by looking to this Agreement. If you dispute a bill payment made from a credit or debit card account, you acknowledge that such dispute (including, but not limited to, chargeback or fraud) must be taken up with your credit card company or banking institution; TVWD is not responsible for any research or resolution of such credit card payment disputes. You agree that this Agreement is the complete and exclusive statement of the agreement between you and TVWD which supersedes any proposal or prior agreement, oral or written, and any other communications between you and TVWD relating to the subject matter of this Agreement.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within four (4) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your Online Account Information without your permission. If you do not tell us within four (4) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your Online Account Information if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers through the Online Account Information Web Site that you did not authorize, you must tell us at once. If you do not tell us within ninety (90) days after the statement was sent to you, you may lose any amount transferred through the Online Account Information without your authorization after the ninety (90) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.
You agree to defend, indemnify and hold harmless TVWD, its directors, officers, employees and agents from and against all claims and expenses, including attorney fees, arising out of your violation of the Terms and Conditions or misuse of the service or this web site, including such violation or misuses conducted by your employee or agent, if applicable.