Terms and Conditions
GENERAL TERMS AND CONDITIONS
These "Terms and Conditions" govern your use of the tvwd.org web site (which includes the TVWD/Clean Water Services Online Account Information Site (the "Account Information Site") and Bank of America's Velocity Payment Online Payment Site (the "Online Payment 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, call (503) 848-3000 or contact us.
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 Payment Site. If you permit authorized users or other persons to use this 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 the Account Information 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 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 these Terms and Conditions, 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 your account information to the Online Payment Site that you wish to direct payments, you authorize Bank of America Velocity Payment ("Velocity Payment") to follow the payment instructions that it receives through the Online Payment Site.
If you choose to utilize a payment account that is a credit card account, you understand and acknowledge that Velocity Payment does not perform any identity verification on such credit card accounts. When Velocity Payment receives a payment instruction, you authorize Velocity Payment 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 Payment 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 Velocity Payment is unable to complete any payments initiated by you.
ACCOUNT INFORMATION SITE CHANGES
It is your sole responsibility to ensure that the information on the Account Information Site is current and accurate. TVWD is not responsible for any payment processing errors or fees incurred as the result of any inaccurate information. You acknowledge and agree that if you request by telephone or email that TVWD make modifications to your user profile, TVWD will be permitted to make such modifications on your behalf.
ONLINE PAYMENT SITE CHANGES
It is your sole responsibility to ensure that the information on the Online Payment Site is current and accurate. TVWD is not responsible for any payment processing errors or fees incurred as a result of any inaccurate information. You acknowledge and agree that if you request by telephone or email that TVWD make modifications to your user profile, TVWD will be permitted to make such modifications on your behalf.
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.
ACCOUNT INFORMATION SITE SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel your Account Information Site account, you may do so via one of the following:
- By using the Account Information Site's cancellation feature.
- Call TVWD Customer Service at (503) 848-3000 during regular office hours.
TVWD may terminate or suspend your online account to you at any time. Neither termination nor suspension shall affect your liability or obligations under these Terms and Conditions.
STOP PAYMENT REQUESTS
TVWD cannot assist with stop payment requests for any payments using a credit card account or a debit or bank account; in such case, you must contact your credit card company or bank directly. 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 Payment Site, you are requesting Velocity Payment to make payments for you from your credit or debit card or deposit account. If the transaction failed to complete, you may receive a return notice from TVWD. You agree to be subject to all fees or charges adopted by TVWD's Board of Commissioners.
In the event of a dispute, you and TVWD agree to resolve the dispute by looking to these Terms and Conditions. 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 these Terms and Conditions are 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 herein.
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.
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