Terms of Service City of Glendora Online Bill Pay Site

Updated as of October 1, 2020

These Terms of Service, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, the “Terms of Service”), sets forth a legally binding agreement between you (the customer) and the City of Glendora (as defined below) (“City of Glendora ” “we,” “us,” or “our”). These Terms of Service govern your access to and use of any City of Glendora websites that link to these Terms of Service, including the website located at https://billpay.onlinebiller.com/ebpp/[CityofGlendora]/ (the “Site”), and any content, functionality and services offered on or through the Site, whether as a guest or a registered user, including the Online BillPay Services (as defined below) (collectively, the “Services”). In addition, the City of Glendora Terms of Use and Privacy Notice are hereby incorporated and made a part of these Terms of Service by this reference. Please read these Terms of Service carefully before accessing or using the Site or any Services.

1. Acceptance of Terms; Binding Effect

By using the Services (whether as a guest or a registered user), or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to be bound by these Terms of Service and to abide by all laws with regard to your use of the Services. Except as specified herein, these Terms of Service govern your use of the Services, including, without limitation, the Online BillPay Services (as defined below). IN ORDER TO USE THE SERVICES, YOU MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES.

In addition to these Terms of Service, your use of certain Services may require you to accept additional terms and conditions applicable to such Services, including, without limitation, any additional terms and conditions applicable to the Online BillPay Service (collectively, “Additional Terms”). When using particular Services, you shall be subject to any rules or policies applicable to such Services that may be posted or made available to you through the Services from time to time (collectively, the “City of Glendora Policies”). The Additional Terms and City of Glendora Policies are hereby incorporated and made a part of these Terms of Service by this reference.

In the event of any direct conflict or inconsistency between the provisions contained in these Terms of Service and the provisions contained in the Terms of Use, the provisions of these Terms of Service will govern and control.

2. Changes to Terms of Service

City of Glendora reserves the right, at its sole and unfettered discretion, to change, modify, update or supplement these Terms of Service and any Additional Terms that apply to a Service, at any time, including to reflect changes to the law or changes to the Services. When these changes are made, City of Glendora will make a new version of these Terms of Service available on the Site and any Additional Terms will be made available to you from within, or through, the affected Services. All changes are effective immediately when we post them or otherwise make them available to you, and apply to all use of the Services thereafter. You acknowledge and agree that if you use the Services after the date on which these Terms of Service have changed, City of Glendora will treat your use as constituting your acceptance of the modified or updated Terms of Service. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes will mean that you accept and agree to the changes. If any changes are unacceptable to you, you must cease any further use of the Services.

3. City of Glendora Account for Online Services

You must create a City of Glendora account in order to access and use the Services. As a user of the Online BillPay Service, it is your responsibility to ensure that your contact and other required information such as your name and email address and bank account information is current, accurate, and updated promptly. If your contact information is not correct, City of Glendora will be unable to communicate with you regarding your City of Glendora account. You agree that you will not provide false or inaccurate information when accessing or using the Online BillPay Service. You also agree that you will not falsify, forge, or otherwise tamper with any information in the emails you receive as part of the Online BillPay Service. You must treat your account information (including, without limitation, your username, password, and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to be responsible for any use of the Services using your username, password, or other security information. The City of Glendora reserves the right, in its sole and unfettered discretion, to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if you violate any provision of these Terms of Service.

City of Glendora reserves the right to limit, suspend or terminate your account and your access to the Services (or any portion thereof). You agree to immediately notify City of Glendora of any unauthorized use of your City of Glendora account and ensure that you exit from your account at the end of each session. You understand and agree that the City of Glendora will not be liable for any damages arising from your failure to comply with this Section.

4. Online Bill Pay Service

Registered users with an active City of Glendora account may access and use the City of Glendora online billing and online payment services that are accessible through the Site, which are made accessible and provided by City of Glendora (collectively, the “Online BillPay Service”). The Online BillPay Service is provided to you by City of Glendora to facilitate access to view and pay your bills online. The Online BillPay Service sends information about your City of Glendora account directly to your email address and, subject to the terms and conditions set forth herein, allows you to pay your bills online. This email will include a link that will direct you to the Site where you can login to your City of Glendora account and obtain a digital or electronic copy of your bill. A third-party service provider that specializes in electronic bill processing and presentment, hosts the Online BillPay Service. By using the Online BillPay Service, you acknowledge and agree that, depending on the type of payment method used, the payment processing services for the Online BillPay Service are provided by a third-party service provider of the City of Glendora.

By accessing or using the Online BillPay Service, you acknowledge and agree that the Online BillPay Service is made available to you by City of Glendora that has granted you (or the person authorizing you to access and use the Online BillPay Service on their behalf). By accessing or using the Online BillPay Service, you acknowledge and agree that in no event shall City of Glendora be responsible or otherwise liable for any issues or disputes arising from or relating to any forms, bills, invoices, statements, correspondences or other materials (including any and all information set forth therein) that are made available to you by or through the Online BillPay Services, including, without limitation, any errors, inaccuracies, deficiencies or omissions with respect to such information.

5. Fees

City of Glendora does not charge you a fee for paying your bill using the Online Bill Pay Service. However, your eligible bank or other financial institution (“Financial Institution”) may charge you additional fees related to your Bank or Credit Card (e.g., fees for attempting transfers without sufficient funds). If a transaction is not honored by your Financial Institution, City of Glendora may charge additional fees to your City of Glendora account. City of Glendora reserves the right to begin charging fees for the Online BillPay Service after reasonable notice is provided to registered users using the Online BillPay Service.

6. Online Billing

The Online BillPay Service allows you to view your bill. Online bills are electronic versions of your paper bill that you will be able to receive, view, and pay online. All information you receive in your City of Glendora paper bill is presented online, and the frequency of the bill remains the same. You can print your bill for your records and set reminders to pay your bill when payment is due. You are responsible for paying your bill in full and on time regardless of whether you receive a notification from or on behalf of City of Glendora. Late payment notices may be sent electronically or by U.S. Mail to the mailing address on record.

7. Paperless Billing

If you no longer want to receive a paper bill, you have the option to enroll in paperless billing. When you enroll in paperless billing, your bill will be available for viewing online and City of Glendora will no longer send you a paper bill in the mail for those registered City of Glendora account(s). You may decide to withdraw from participating in the paperless billing program at any time without penalty. If you wish to cancel your participation in the paperless billing program, you may do so within your account settings online.

8. Bank Card

To pay your bill using the Online BillPay Service, you must designate an eligible deposit or other asset account accessible by a credit card or debit card (“Bank Card”) at your Financial Institution from which payments will be made using. You hereby agree that, by scheduling automatic payments or a single payment from your Bank Card, you authorize City of Glendora to initiate debit entries to your Bank Card in such amount(s), initiate any debit or credit entries to your Bank Card necessary to correct any error in a payment, and communicate with your Financial Institution regarding your Bank Card, participation in and use of the Online BillPay Service. You also must authorize your Financial Institution to debit or credit your Bank Card in the amount of such payments or corrections. You represent that you have all necessary right, power, and authority to authorize each such payment, and that you will take such steps as your Financial Institution requires to make such authorization. This authorization shall remain in full force and effect until City of Glendora has received notice from you of your termination of such authorization in such time and in such manner as to afford City of Glendora and your Financial Institution a reasonable period of time to respond and act upon your written notice.

9. Payment Amount Limitations

For payments made through the Online BillPay Service, the amount of funds you may use is limited by the amount of available funds you have on your Bank Card, including any overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds on your Bank Card to satisfy your Bill Payments and that City of Glendora will have no obligation to complete a transaction if sufficient funds are not available at the time your payment is submitted. You understand and agree that City of Glendora ’s access to your Bank Card may be limited by your agreement(s) with your Financial Institution governing the Bank Card and by applicable law.

10. Payment Processing

City of Glendora will update account balances and activity information daily, Monday through Friday, excluding holidays. City of Glendora will not be liable for any inability to access or use the Online BillPay Service, or for any failure to update any information, for whatever reason. Payments made Monday through Friday before 8pm Pacific Time will post to your account the next business day. Payments made after 5pm Pacific Time or on weekends or holidays will post to your account on the following business day (i.e., Monday through Friday, except for holidays). To avoid late payment please ensure that your payment is made prior to 5pm Pacific Time on the due date of the bill. You are solely responsible for making payments sufficiently prior to the due date.

11. Recurring Payment Program

Recurring payments and automatic payments will continue to be processed against your Bank Card information on file until your notice of change has been received and processed by the City of Glendora. Changes to your contact and other information can be made online within your account settings. City of Glendora reserves the right to terminate your participation in the recurring payment program if your payment is rejected repeatedly.

12. Refund Policy

Payments made in excess of the total amount due as set forth in the applicable bill will show as a credit on your next bill. Questions concerning refunds of erroneous payments may be directed to City of Glendora Customer Service. If approved, the refund will be made in the form of a credit on your City of Glendora account or, if no further amounts are due to City of Glendora, then in the form of a check made payable to the name on the account.

13. Privacy and Security

When you use the Online BillPay Service, you provide us with different types of information. You acknowledge and agree that City of Glendora and our third-party service providers may receive personal information in connection with your use of the Online BillPay Service. Please read our Privacy Notice, which explains how we collect, use and share information through the Online BillPay Service, as well as your choices regarding these activities. The Privacy Notice applies to use of the Online BillPay Service. The Online BillPay Service conforms to industry standards utilizing Secure Sockets Layer (“SSL”) technology. By using SSL, we attempt to safeguard the confidentiality of your username, password and other personal information. For SSL to work, the internet browser you use must be capable of supporting SSL. Please check your browser to ensure it supports SSL.

14. Unauthorized Transfers

If you believe someone has improperly accessed your Bank Card through the Online BillPay Service without your permission, please contact the City of Glendora immediately. You should also immediately contact your Financial Institution. Please be aware that you are solely responsible for any unauthorized transfers, although your Financial Institution may provide some form of fraud protection.

15. Termination of Online BillPay Service

You may choose to cancel the Online BillPay Service at any time with no fee. If you wish to discontinue the Online BillPay Service, or discontinue automatic payments while still using the Online BillPay Service to pay individual bills, you may cancel by logging into your account and cancelling your enrollment. Your termination will be effective immediately upon your cancellation. City of Glendora may suspend or terminate your access to the Online BillPay Service at any time, without notice and for any reason. City of Glendora will use reasonable efforts to notify you of any material change to the Online BillPay Service or the suspension or termination of the Online BillPay Service by notifying you or posting a notice on the City of Glendora website, provided that City of Glendora shall not be required to do so nor shall City of Glendora be liable for any failure to do so. City of Glendora reserves the right to discontinue the Online BillPay Service at any time for any reason upon notice.

16. Services Offered by Third Parties

City of Glendora may from time to time make available to you the opportunity to purchase, access or otherwise use certain products or services by or through the Services from companies other than City of Glendora. Any purchase or use of such third-party products and services will be subject to the terms and conditions of the applicable third parties offering such products or services. Please read those terms and conditions carefully before purchasing or using any such third-party products and services. You expressly acknowledge and agree that we make no representations or warranties, express or implied, with respect to such third-party products or services and we have no responsibility or liability of any kind or nature whatsoever with respect to such third-party products or services.

Your correspondence or dealings with or participation in promotions of third-party providers, vendors, and/or resources made available by or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such correspondence or dealings, are solely between you and such third-party providers, vendors or resources. You acknowledge and agree that City of Glendora shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such resources that are accessible or made available by or through the Services.

The Services may provide or make available links to certain third-party websites and resources on the Internet. The Services may also enable you to access certain outside services provided by third-party web operators. In certain instances, the third-party content may be “framed” in such a way it appears you are still on the Site. You acknowledge and agree that City of Glendora is not responsible for the availability of such external websites or resources, and City of Glendora does not endorse and is not responsible or liable for any content, advertising, products, services or other materials provided on or otherwise made available from such websites or resources. You further acknowledge and agree that City of Glendora shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any such websites or resources.

17. Personal Information

From time to time, City of Glendora may send surveys requesting your interest or feedback on services or educational programs. If you choose to respond, this information may include collection and disclosure of your personal information. This information is collected only on behalf of City of Glendora. Please visit our Privacy Policy page to see the notice of privacy practices concerning your protected personal information.

18. Disclaimer

The Services provide registered and unregistered users with access to various types of information regarding City of Glendora services usage. Certain information will only be made available to registered users. Any and all information that is accessible or otherwise made available to you by or through the Services (including any use thereof) is provided on an “as is” and “as available” basis. On occasion, information on that is accessible or made available to you by or through the Services may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update any information that is accessible or otherwise made available to you from time to time by or through the Services for any reason, including, without limitation, if such information is incorrect, inaccurate or incomplete.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING ANY AND ALL INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES) IS AT YOUR SOLE RISK. THE SERVICES (INCLUDING ANY AND ALL INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CITY OF GLENDORA MAKES NO WARRANTY THAT THE SERVICES (INCLUDING ANY AND ALL INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES) WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR WILL OTHERWISE BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED BY OR FROM ACCESS OR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

19. Limitation of Liability and Release of Claims

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CITY OF GLENDORA OR OUR OFFICERS, AGENTS, EMPLOYEES, ELECTED OR APPOINTED OFFICIALS, SUBORDINATE BOARDS, COMMISSIONS OR COMMITTEES, OR , SERVICE PROVIDER(S) (COLLECTIVELY “CITY OF GLENDORA”) , BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) ACCESS TO OR THE USE OF ANY SERVICES, OR THE INABILITY TO ACCESS OR USE ANY OF THE SERVICES; (II) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST CITY OF GLENDORA ARISING FROM, OUT OF, OR RELATING TO YOUR USE OF THE SERVICES.

20. Indemnification

You agree to indemnify, defend, and hold harmless CITY OF GLENDORA, its against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation of these Terms of Service, including, without limitation, the Terms of Use; (ii) your use of the Services; (iii) your violation of another person’s rights; (iv) your violation of law, or (v) any negligent, intentional or reckless action or omission by you. This indemnification obligation will continue after you stop using the Services. In addition, you release CITY OF GLENDORA from all claims, demands, actions, or suits in connection with any content, information, data or materials that you upload, post, email or otherwise transmit by or through the Services, including, without limitation, any liability related to our use or non-use of any of the foregoing, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. You hereby agree to waive all laws that may limit the efficacy of such releases.

21. Notices; Consent to Electronic Communications

By using the Online BillPay Service, you agree that any and all disclosures and communications regarding the Online BillPay Service between you and City of Glendora may be made electronically, including by City of Glendora posting to the City of Glendora website in accordance with applicable law. Any electronic disclosure or communication City of Glendora makes will be considered made when transmitted by City of Glendora or otherwise posted to the City of Glendora website. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices, disclosures and communications be in writing.

22. Compliance with Applicable Laws

You represent, warrant and agree that you can and will comply with all applicable laws in accessing and using the Services and you will not perform or fail to perform any act that you know or reasonably should know would place City of Glendora in violation of any applicable law. You agree to comply with all laws and regulations regarding online conduct and acceptable content, as well as the transmission of data exported from the United States or the country from which you access or use the Services.

23. Governing Law

These Terms of Service and your use of the Services shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California, County of Los Angeles, State of California, without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of California to apply. The Services are intended to comply with U.S. state and federal laws and regulations

24. Arbitration and Venue

Any dispute relating in any way to your use of the Services shall be submitted to confidential arbitration in California except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, City of Glendora may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. The selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur). The arbitrator award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

25. Class Action Waiver

To the fullest extent permitted by law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CITY OF GLENDORA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) personal claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

26. Miscellaneous

The division of these Terms of Service into sections and the headings of the various sections in these Terms of Service are for convenience of reference only and shall not affect the construction or interpretation of these Terms of Service. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms of Service. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. City of Glendora may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service. There shall be no third-party beneficiaries to these Terms of Service. Any provision of these Terms of Service that contemplates performance or observance subsequent to any expiration or termination of these Terms of Service, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms of Service and continue in full force and effect. If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with our Privacy Notice and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

27. Questions

If you have any questions or comments regarding these Terms of Service or the Services, please feel free to contact City of Glendora Customer Service at Waterbilling@CityofGlendora.org.