PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK THE ACCEPTANCE BUTTON. YOU AGREE THAT YOUR USE OF THE WWW.CLEVELANDWATER.COM PORTAL CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH MAY BE AMENDED FROM TIME TO TIME ("AGREEMENT"). YOU FURTHER AGREE THAT YOUR USE OF THE WWW.CLEVELANDWATER.COM PORTAL CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS AGREEMENT AND HAVE RETAINED A COPY FOR YOUR RECORDS.
“Cleveland Water” refers to the City of Cleveland Department of Public Utilities Water Division. "You" and "your" refer to anyone following the ClevelandWater.com portal link to use the “Billing and Payment” Site and other services.
- You understand and agree that by clicking “Billing and Payment” You will be linking to and accessing an electronic billing and payment facility web site ("Billing and Payment Site") which is owned and operated by Kubra who has sole control of, and exclusive responsibility for the security, data, information exchange and any and all transactions on the Billing and Payment Site.
- You understand that access to, and use of, the Billing and Payment Site is subject to any terms and conditions of use, privacy and/or as otherwise set forth on the Billing and Payment Site.
- Cleveland Water may, from time to time and without notice to You, revise or update this Agreement, including any fees or charges (if any) related thereto, or cease providing access to the Billing and Payment Site at any time. You understand that it is your responsibility to read and review the terms of this Agreement each and every time You click “Billing and Payment” to authorize a transaction.
- Responsibility for Payment & Fees.
- You understand and agree that the link to “Billing and Payment” is provided for your convenience. You understand and agree that You remain fully and directly liable to Cleveland Water for any amounts and/or fees (including late fees) owed or due Cleveland Water, and further understand and agree that You are solely responsible for ensuring that the payment of any such amounts and/or fees are received by Cleveland Water. CLEVELAND WATER WILL NOT BE LIABLE IF ANY THIRD PARTY THROUGH WHOM ANY BILL PAYMENT IS MADE, INCLUDING, BUT NOT LIMITED TO, THE BILLING AND PAYMENT SITE OR YOUR FINANCIAL INSTITUTION, FAILS TO PROPERLY OR TIMELY TRANSMIT YOUR PAYMENT.
- You understand that, in addition to any terms and conditions imposed upon You through this Agreement and by the Billing and Payment Site, your use of “Billing and Payment” may also be affected by other agreements between You and your financial institution. You understand that your use of “Billing and Payment” does not change any banking account agreements You already have for any accounts used to pay fees owed to Cleveland Water. Cleveland Water does not currently charge a fee for your use of “Billing and Payment”, however, You should review your payment account agreements for any applicable fees and other restrictions which might be impacted by your use of the “Billing and Payment”, as those fees will continue to apply. You are aware that there may be fee limitations imposed by your financial institution. You are responsible for being aware of and complying with those limitations.
- 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.
- You understand that, Cleveland Water shall not be liable if the Billing and Payment Site causes an incorrect amount of funds to be removed from your account or causes funds from your account to be directed to a Payee which does not comply with your instructions.
- Privacy of Information
- Exclusion of Warranties.
CLEVELAND WATER MAKES NO REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND REGARDING THE CLEVELANDWATER.COM PORTAL AND/OR THE BILLING AND PAYMENT SITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability.
You agree and acknowledge that Cleveland Water is not and shall not be liable or responsible for any system failure, your misdirection of payment, or system error that occurs as a result of your use of the www.ClevelandWater.com portal or Billing and Payment Site. IN NO EVENT WILLCLEVELAND WATER BE LIABLE TO YOU FOR LOSS OF OR DAMAGE TO RECORDS OR DATA; INACCURATE DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ANY MATTER BEYOND ITS REASONABLE CONTROL; OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE www.CLEVELANDWATER.COM PORTAL, THE BILLING AND PAYMENT SITE OR ANY EQUIPMENT OR SOFTWARE REQUIRED TO USE THE www.CLEVELANDWATER.COM PORTAL OR THE BILLING AND PAYMENT SITE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF CLEVELAND WATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may not assign this Agreement without Cleveland Water's prior written consent. Any derogation of the foregoing shall be deemed null and void.
- No Waiver.
Cleveland Water shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Cleveland Water. No delay or omission on the part of Cleveland Water in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
- Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of laws or provisions. The parties agree that the state and federal courts sitting in the county of Cuyahoga, Ohio, shall have sole and exclusive jurisdiction and venue over any matter arising out of this Agreement and each party hereby submits itself and its property to the venue and jurisdiction of such courts. Each party hereby waives any objection that it may now or hereafter have to the laying of venue of any such proceeding in such court, including any claim that such proceeding has been brought in an inconvenient forum.
- Entire Agreement.
You agree that this Agreement is the complete and exclusive statement of the agreement between You and Cleveland Water which supersedes any proposal or prior agreement, oral or written, and any other communications between You and Cleveland Water relating to the subject matter of this Agreement.