Effective Date: 8/21/12
ELECTRONIC BILL PRESENTATION, PAYMENT SERVICES, AND PAPERLESS
Welcome to Ponderosa Edge
("Ponderosa Edge", "we", "us") Electronic Bill Payment Service
("Service"). Before using this Service, you must complete the
enrollment process as indicated in the "New Account Registration."
By completing the user registration, the user of our Service
ELECTRONIC BILL PAYMENT
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
Edge 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 Edge statement, other services you may add in the
future, plus any applicable taxes, fees, and surcharges. Ponderosa
Edge 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 Edge 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.
Ponderosa Edge respects your privacy, believes strongly in
protecting your privacy, and permits you to have some control of
the treatment of your personal information held by us in the
course of business. A complete statement of Ponderosa Edge's
ACCOUNT, AND SECURITY.
In order to use the Service, you must complete
the registration process by providing Ponderosa Edge with complete and
accurate information as prompted by the registration form. Your
Ponderosa Edge 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.
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 Edge or another party, and you understand
and agree that Ponderosa Edge 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 Edge 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
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.
Mailed paper statements will include an additional mailing and
handling charge of $2 per month.
You understand and agree that stopping your
paper bill means that you will no longer receive a paper copy of
your Ponderosa Edge bill through the mail. Ponderosa Edge 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 Edge 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
Ponderosa Edge may terminate the Service at any time
and/or revoke your right to use the Service for any or no reason.
Ponderosa Edge 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 559-822-3343.
termination of the Service nor discontinuation shall affect your
discontinuation of the Service terminates only your electronic
billing, payment, and paperless services, but does not cancel your
bills related to services from Ponderosa Edge. If you cancel your Service,
Ponderosa Edge will resume
mailing your paper bill and you continue to be responsible for
making your payments directly and in a timely manner.
CUSTOMER IDENTIFICATION/BANKING CHANGES.
You may elect to have Ponderosa Edge 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 Edge at least fifteen
(15) days in advance of any change in your banking status by
updating your Service profile. You agree that Ponderosa Edge will not
be responsible for any transactions rejected due to erroneous or
outdated payment information. You also agree that Ponderosa Edge will
not be liable for any use, misuse, lost, stolen, or incorrect
If any email to you is returned to
Ponderosa Edge 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 EDGE HEREBY DISCLAIMS ALL WARRANTIES.
PONDEROSA EDGE 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 EDGE 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 EDGE 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 EDGE IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL ERROR OR OMISSION RELATING TO PRICING. FINALLY,
PONDEROSA EDGE 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 EDGE'S LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
PONDEROSA EDGE 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 EDGE. 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.
accordance with and governed by the laws of the United States and
the State of California, without reference to their rules
regarding conflicts of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state courts in Fresno County,
California, and federal courts in Fresno, California, U.S.A. in
all disputes arising out of or related to the use of the Service.
Ponderosa Edge may, in its sole discretion and
the Service; and (c) discontinue the Service at any time.
website, and the revision shall be effective immediately on such
policies posted on the website periodically to be aware of any
revisions. You agree that, by continuing to use or access the
Service and/or website following notice of any revision, you shall
abide by any such revision.
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.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU
BOUND BY THEM.
If you have any questions, comments or
contact us at 559-822-3343, e-mail us at
email@example.com, or send any correspondence to
Customer Operations Director, The Ponderosa Edge, P.O.
Box 21, O'Neals, CA 93645. Our representatives will endeavor to
contact you within fifteen (15) days of your inquiry.
561120.2 / 7024-1000