For credit card processing, We (WPOA/WRWSD) do not store, retain or use Your sensitive information,which includes but not limited to, credit card and/or billing formation,
except to process Your credit card information through our Merchant Processor (VANTIV).
Payments made by credit card or debit card for WRWSD are billed by WRWSD staff and processed by Our Merchant Processor(VANTIV).
To the extent the Merchant Processor is not WRWSD, the Merchant Processor is acting solely as a processing agent for and on behalf of WRWSD and shall not be construed to be providing the applicable Service.
Payments made by credit card or debit card for WPOA are billed by WPOA staff and processed by Our Merchant Processor(VANTIV).
To the extent the Merchant Processor is not WPOA, the Merchant Processor is acting solely as a processing agent for and on behalf of WPOA and shall not be construed to be providing the applicable Service.
You hereby authorize (WPOA/WRWSD) and our Merchant Processor to charge Your credit card or other payment instrument to establish a payment.
You agree to promptly update Us (WPOA/WRWSD) with any changes to your Account Information (for example, a change in Your billing address, e-mail or telephone number) that may occur.
CANCELLATION AND TERMINATION
We reserve the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the Services, and remove, disable and discard any Service Data if We believe that You, Agents or End-Users have violated our Terms and/or Privacy Policies. Unless legally prohibited from doing so, We will use commercially reasonable efforts to contact You directly via email and/or phone, to notify You when taking any of the foregoing actions. We shall not be liable to You, Agents, End-Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End-Users may be referred to law enforcement authorities at Our sole discretion.
Online Account Access and Online Bill Pay is not an automatic right, it is a privilege. But We (WPOA/WRWSD) may, using reasonable discretion, decide whether or not your Lake Waynoka Online Account complies with these Policies. We can suspend or terminate your Lake Waynoka Online Account Access at any time for any reason (acting reasonably of course) for any of the following reasons:(a) if you breach our terms and/or policies; (b) If you act in a way that could cause us or other members harm (digital or physical).
THE SITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
You will indemnify and hold WPOA or WRWSD harmless against any claim brought by a third party against WPOA or WRWSD arising from or related to use of the Service by You,
Agents or End-Users in breach of these Policies or matters which You have expressly agreed to be responsible pursuant to these Policies provided that We promptly notify
You of the threat or notice of such a claim.
WRWSD is not liable for any loss or damage you may incur if:
(1) you do not have enough money in your funding account to make a payment;
(2) circumstances beyond WRWSD control, including but not limited to, natural disaster, flood, earthquake,
fire, war, act of terrorism, or acts of third parties in violation of federal, state, or international law,
render WRWSD unable to effectuate the Payment despite reasonable precautions under the circumstances;
(3) you provide erroneous information to authorize a payment;
(4) you fail to adequately protect your Funding Account data; or
(5) the financial institution that holds your Funding Account fails to effectuate a Payment,
causes errors during a Payment, or provides WRWSD erroneous information. WRWSD IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGE RELATED TO YOUR USE OF ONLINE PAYMENTS.
We reserve the right, in Our reasonable discretion, to temporarily suspend Your access to and use of our Online Service:
(a) during planned downtime for upgrades and maintenance to the Service (of which We will use commercially reasonable efforts to notify You in advance both through Our Site and a notice to Your Account owner(“Planned Downtime”);
(b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control
(including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; or
(c) if We suspect or detect any Malicious Software connected to Your Account or use of the Service by You, or End-Users.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You.
In these jurisdictions, WPOA AND/OR WRWSD LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TERMINATION, CHANGES, ASSIGNMENT, INSUFFICIENT FUNDS
WRWSD is under no obligation to provide Online Payments and may in its sole discretion and at any time without notice, modify, revoke access to or no longer offer Online Payments. It is your responsibility to ensure that you have sufficient funds to cover each payment made. WRWSD reserves the right to collect from you any additional fees, as permitted by law or your promissory note(s), resulting from insufficient funds. WRWSD also has the option in its sole discretion, and/or in accordance with WRWSD policies, to terminate your access to Online Payments if any payment is returned or reversed due to non-sufficient or insufficient funds, cancellation, stop-payment or any similar designation.
If you believe there is an error on your account (account information incorrect or payment issue), contact our Administration Office by phone at (937)446-3232.
