Revised: November 2, 2015
ELECTRONIC BILL PAYMENT SERVICE
The Service allows you to view, save, print, and pay your current monthly bill online using your Visa or MasterCard credit or debit card. You will have secure, 24/7 access to your Ponderosa account through the Internet. You will also have the option of stopping delivery of your paper bills, and instead receiving monthly emails when your bill is ready to view online. Upon successful registration for the Service, you will be able to view up to four months of online bill history.
You may schedule single or regular monthly bill payments. Regular monthly bill payments will be deducted on the tenth (10th) business day of each month. Single or regular monthly payments made from your Visa or MasterCard credit or debit card will include all charges billed on your Ponderosa statement, including but not limited to Ponderosa Telephone service, Ponderosa Long Distance toll charges, Ponderosa Internet service, Ponderosa Cablevision service, and other services you may add in the future, plus any applicable taxes, fees, and surcharges. Ponderosa does not guarantee that the information provided, with respect to the online bill history or current monthly charges is accurate, complete, reliable, current, or error-free. Therefore, Ponderosa reserves the right, at its discretion, to correct any error in the Service or monthly billing statements at any time.
You agree to maintain sufficient available credit or funds in your payment accounts on the business day of and just prior to each payment deduction date to cover the amount of the payment.
PERSONAL IDENTIFICATION, ACCOUNT, AND SECURITY
In order to use the Service, you must complete the registration process by providing Ponderosa with complete and accurate information as prompted by the registration form. Your Ponderosa account number (found on your billing statement) and personal password (created by you upon registration for the Service) may be used by you to access your account. You agree not to provide or make available your account number and password to any unauthorized individuals to access the Service.
You are responsible for all bill payments made through the Service using your account number and password. You are entirely responsible for any and all activities that occur through use of your account number and password with the Service. You may be held liable for losses incurred by Ponderosa or another party, and you understand and agree that Ponderosa will not be held responsible for any such losses you may incur, due to use or misuse of your account number and password, credit card information or account through the Service either with or without your permission.
CHARGES AND FEES
Ponderosa does not charge for use of the Service. You remain responsible for any fees normally associated with your credit or debit card accounts from which your bill payments will be made.
If the charges to your credit or debit card accounts are declined by your bank or vendor for any reason, you remain obligated to pay and will also be assessed a returned or refused payment charge of $7.50. In the event that such charges are incurred by you, the Service may be suspended, and you will be responsible for making your payment to Ponderosa’s customer care facility in O’Neals, California on or before the final date to pay in order to avoid a possible interruption of phone, Internet or cable service. Please refer to your monthly billing statement for further terms regarding rendering and payment of bills.
You understand and agree that stopping your paper bill means that you will no longer receive a paper copy of your Ponderosa bill through the mail. Ponderosa occasionally includes notices in its billing statements including, but not limited to, notices required by law or regulatory agencies regarding changes in your service. You understand and agree that stopping your paper bill means that you will only be able to access such notices online through your account. Your obligation to pay your Ponderosa bill by the due date is not altered or modified in any way by stopping your paper bill. Applicable late payment fees apply, and late payment notices may also be sent through U.S. Mail.
SERVICE TERMINATION OR DISCONTINUATION
Ponderosa may terminate the Service at any time and/or revoke your right to use the Service for any or no reason. Ponderosa will send you reasonable notice if it suspends or terminates the Service.
In the event that you wish to discontinue the Service, you can do so through the Service or by calling Ponderosa Customer Care at 1-800-682-1878 or 559-868-6000.
CUSTOMER IDENTIFICATION/BANKING CHANGES
You may elect to have Ponderosa retain your payment information, including but not limited to your billing name, address, telephone number, credit or debit card numbers, and expiration dates, for your convenience and use in future transactions authorized by you. You are responsible for maintaining up-to-date customer identification information in your Service profile. You agree to notify Ponderosa at least fifteen (15) days in advance of any change in your banking status by updating your Service profile. You agree that Ponderosa will not be responsible for any transactions rejected due to erroneous or outdated payment information. You also agree that Ponderosa will not be liable for any use, misuse, lost, stolen, or incorrect payment information.
If any email to you is returned to Ponderosa as “undeliverable”, we will contact you by phone to determine any necessary changes in your customer identification information, and reserve the right to re-activate your paper bill.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your telephone number or account number. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE. PONDEROSA HEREBY DISCLAIMS ALL WARRANTIES. PONDEROSA IS MAKING THE SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PONDEROSA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PONDEROSA DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE IS FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY CONTAMINATE OR DESTROY PROPERTIES. SIMILARLY, PONDEROSA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR OR OMISSION RELATING TO PRICING. FINALLY, PONDEROSA DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
PONDEROSA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PONDEROSA BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR RELATED MATERIALS PROVIDED TO YOU BY PONDEROSA. THE AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTER LEGAL THEORY OR FORM OF ACTION.
Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the “NO WARRANTIES” and “LIMITATION OF LIABILITY” sections, above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
561120.2 / 7024-1000