TERMS OF SERVICE

SBMWD Online eBilling Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the San Bernardino Municipal Water Department (SBMWD) Online eBilling website, you agree to be bound by all of the terms and conditions of this Agreement. We may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement. You agree that by using our website after any such modifications, you will be deemed to have reviewed, agreed to and accepted the modified Agreement.

Online Bill Presentment Service is provided to you to facilitate access to view your SBMWD accounts online. The Online Bill Presentment Service sends information about your account directly to your email address. This email will include a digital copy of your bill. InfoSend, a third-party vendor that specializes in Bill Presentment, hosts the service.

SBMWD will make every reasonable effort to ensure full performance of the Online Bill Presentment Service and, on a timely basis work with you to resolve disputes that may arise. We do not assume responsibility for malfunctions in public communications facilities not under our control that may affect the accuracy or timeliness of email messages you receive.

Any information sent by us to you via email is believed to be reliable. However, this information can only be provided on a best-efforts basis for your convenience and is not guaranteed. We will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information.

In addition, please take note of the following guidelines, which will assist you in detecting certain types of Internet and email fraud (i.e. "phishing").

SBMWD does not make any warranties concerning the Online Bill Presentment service including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless disclaiming such warranties is prohibited by law. SBMWD makes no warranties other than those expressly set forth in this agreement. SBMWD will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. You expressly agree that your use of this site is at your sole risk.

Privacy of Information

San Bernardino Municipal Water Department is committed to protecting your privacy. You acknowledge that we and our vendor may receive certain private and confidential information in connection with your use of Online Bill Presentment. We may utilize your name, mailing address and changes thereto. We will not rent, sell or otherwise make available to any third party for any reason any of your private and confidential information that personally identify you, other than to provide Online Bill Presentment or comply with applicable laws or regulations, including government agency or court orders, unless you otherwise expressly agree.

You agree that you will not intentionally provide false information when accessing or using the Online Bill Presentment services. 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 Bill Presentment service.

The Online Bill Presentment website has security measures in place to protect against the loss, misuse, or alteration of the information you provide. Our Online Presentment server software conforms to industry standards utilizing Secure Sockets Layer (SSL) technology, which is among the best software available for securing commerce transactions.

Termination of Online Bill Presentment

You may choose to cancel Online Bill Presentment at any time with no fee. If you wish to discontinue Online Bill Presentment, you may cancel by sending a cancellation notice to the address shown below under "Notices." Your termination will be effective no more than 3 business days after we receive your request.

SBMWD may suspend or terminate your access to Online Bill Presentment at any time, without notice and for any reason. We will attempt to provide you with prior notice of suspension or termination by posting on our website or otherwise sending notice of termination. However, SBMWD will not be liable for any failure to do so. Neither termination nor discontinuation of Online Bill Presentment shall affect your liability for transactions initiated through Online Bill Presentment using your password

Notices to San Bernardino Municipal Water Department

Please submit all correspondence via the Customer Service link of Online Bill Presentment. You may also contact us at the following address or phone number:

San Bernardino Municipal Water Department
1350 South "E" Street
San Bernardino, CA 92408
(909) 384-5095

Amendments

The terms of the Agreement may be modified or amended by SBMWD from time to time. In such event, we will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on our Bill Presentment website. Any use of Online Bill Presentment after we provide you with a notice of change will constitute your agreement to such change(s).

Assignment

You may not assign this Agreement to any other party.

Governing Law/Venue/Tort Claims Act

This Agreement shall be governed by the law of the State of California without regard to its conflicts of laws, provisions and any action or lawsuit related to this Agreement will be adjudicated in a court of competent jurisdiction in San Bernardino County. Prior to filing any action or lawsuit related in any way to this Agreement, you must comply with the provisions of the Tort Claims Act (Government Code Section 900 et seq.).

Use of Electronic Communication

By accepting below or otherwise using Online Bill Presentment, you also agree that any and all disclosures and communications regarding Online Bill Presentment between you and SBMWD, including this Agreement, may be made electronically, including by SBMWD posting to its website in accordance with applicable law. Any electronic disclosure or communication SBMWD makes will be considered made when transmitted by the SBMWD.