Elbow Lake Softwater, Inc.'s Online Billing Terms of Service Agreement

Terms of Use:

This Agreement (herein referred to as "Terms") details your responsibilities as a user of Elbow Lake Software, Inc. (dba Culligan of Fergus Falls and Elbow Lake) online bill payment service ("Service") for financial transactions between you and Culligan of Fergus Falls and Elbow Lake. It also includes disclaimer of liability and other matters that are of interest to users. When you use or access, or permit any other person to use or access the Service, you agree to these Terms as they may be revised or amended from time to time.

Restrictions on Use:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract (at least 18 years old).

Our Communications to You:

You agree that Culligan of Fergus Falls and Elbow Lake may send you electronic communications related to your use of the Service, including but not limited to notification of new invoices, confirmation of payments made, notice of credit card expirations, and other purposes as Culligan of Fergus Falls and Elbow Lake Management deems to be appropriate.

Account Information and Password:

Access and use of password protected and/or secure areas of the Service are restricted to authorized users only. To prevent unauthorized access to your account and to prevent unauthorized use of the Service, you agree to protect and keep confidential your User ID, password, and other account information from any person not authorized to access your account. If you disclose your User ID, password, or account information to any person or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use your User ID or password, you are responsible for any activities authorized from your account. If you believe someone may have attempted to use or has used your account without your permission, or that any other unauthorized use of your account number, User ID or password, or other security breach has occurred, you must change your password. It is your obligation to immediately notify Culligan of Fergus Falls and Elbow Lake, during normal customer service hours (8 a.m. to 4 p.m. CST), if you believe unauthorized access or use has occurred. Unauthorized individuals attempting to access password protected and/or secure areas of the Service may be subject to prosecution.

Changes:

Culligan of Fergus Falls and Elbow Lake may amend or change the Terms from time to time, in our sole discretion, by posting the updated Terms and such changes shall be effective when notice of such changes are posted. Please access and review the Terms regularly. The Terms apply exclusively to your access and use of the Service and do not alter the terms or conditions of any other agreement between you and Culligan of Fergus Falls and Elbow Lake.

Online Billing

If you choose to enroll for Online Billing, you agree to receive all your invoices electronically. You will be notified via email when new invoices are available for viewing and payment. It is your responsibility to make sure your email is accessible to Culligan of Fergus Falls and Elbow Lake. Email notifications will be sent from culliganfe@onlinebiller.com.

Use and Storage of Payment Methods

By entering your bank account or credit card information (herein referred to as "Payment Method") for use by the Service, you are stating that you are an authorized user of the Payment Method and that the associated information entered (account holder name, financial institution, billing address, etc.) is accurate. You also authorize Culligan of Fergus Falls and Elbow Lake to, upon notification by you or your financial institution, modify and/or update the account numbers, expiration dates, or other pertinent information associated with the Payment Method as necessary to complete any authorized transaction.

You further authorize Culligan of Fergus Falls and Elbow Lake to use the stored Payment Method information to debit your specified bank account or charge your credit card for amounts authorized by you with this Service. If the transaction is an automatic payment setup within the Service, you authorize Culligan of Fergus Falls and Elbow Lake to charge the amount due, up to the limit specified in the authorization.

Use of Automatic Payment Option:

When you setup, or have Culligan of Fergus Falls and Elbow Lake setup on your behalf, automatic payments through the Service, you are authorizing Culligan of Fergus Falls and Elbow Lake to debit your specified bank account or charge your specified credit card for amounts billed, up to the authorized limit specified, for each invoice billed to your account. Payments will be processed on the invoice due date.

Risk of Loss:

In the event of a system failure or interruption while using the Service online, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you to ensure the accuracy and completeness of such transactions(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.

No Warranties:

Limitations of liability and exclusions of warranties: The foregoing shall constitute Culligan of Fergus Falls and Elbow Lake’s entire liability and your exclusive remedy. In no event shall Culligan of Fergus Falls and Elbow Lake ever be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility of such damages) arising in any way out of your use of the service.

We are providing the Service to you "AS IS" without any warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

These Terms are the legal binding agreement between Culligan of Fergus Falls and Elbow Lake and you with respect to the Service. You will be agreeing to the current provisions of the Terms each time you make a payment using the Service. The Terms may have been altered or amended from the last time you used the Service so be sure to read the Terms each time before you make a payment to be certain you still agree with its provisions. Your use of the Service after any changes to these Terms will constitute your agreement to such change(s).

Termination and Discontinuation:

Culligan of Fergus Falls and Elbow Lake reserves the right to discontinue the Service at any time, or to terminate your use of the Service. If Culligan of Fergus Falls and Elbow Lake terminates your use of the Service, you will need to pay your amounts due to Culligan of Fergus Falls and Elbow Lake in another manner.

Disputes:

If there is a dispute regarding the Service, you agree to resolve the dispute first by looking to these Terms. If these Terms are unclear, or if there remains a dispute with Culligan of Fergus Falls and Elbow Lake, then the parties shall try to resolve any dispute arising out of or relating to these Terms by mediation under the Mediation Procedures of the CPR Institute for Dispute Resolution. Unless the parties agree otherwise, the mediator will be selected from the CPR Panels of Distinguished Neutrals. Any controversy or claim arising out of or relating to the Terms or the breach, termination or validity thereof, which remains unresolved 45 days after appointment of a mediator, shall be settled by arbitration by a sole arbitrator in accordance with the CPR Rules for Non-Administered Arbitration, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.

The Terms are the complete and exclusive statement of the agreement between you and Culligan of Fergus Falls and Elbow Lake with regard to the use of the Service. It supersedes any proposal or prior agreement, oral or written, and any other communications between you and Culligan of Fergus Falls and Elbow Lake relating to the Service. If there is a conflict between what a Culligan of Fergus Falls and Elbow Lake employee tells you and these Terms, these Terms will prevail.

Governing Law:

These Terms and Conditions shall be governed by the laws of MN, without regard to the choice of law or conflict of law rules thereof.

You should print and retain this document and any updated or amended Terms for safekeeping and reference at any time during usage of the Service.

Our Credit Card Data Responsibility

We are responsible for the merchant cardholder data that our system stores or transmits on behalf of the customer, and will maintain compliance with all applicable PCI DSS requirements. Customers are requested to notify us in the event that they experience issues that may affect the security, availability or privacy of the services they are utilizing.