TERMS OF SERVICE

Online eBilling Terms of Service Agreement

IT IS IMPORTANT THAT YOU READ THIS:

By accessing or using the Arizona Water Company Online eBilling website, you agree to be bound by all of the terms and conditions of this Agreement. may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement. will provide notice of any changes to you in accordance with applicable law, which may be accomplished by posting such change on the Online eBilling website. 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 eBilling service is provided to you to facilitate access to view your accounts online. The Online eBilling service sends information about your account directly to your email address and allows you to view your bills online. This email can include a digital copy of your water bill. InfoSend, a third-party vendor that specializes in utility bill processing and presentment, hosts the Online eBilling service.

will make every reasonable effort to ensure full performance of the Online eBilling service and, on a timely basis work with you to resolve disputes that may arise. does not assume responsibility for malfunctions in public or private communications facilities not under 's control that may affect the accuracy or timeliness of email messages you receive.

Any information sent by , 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 to be accurate. 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").

does not make any warranties concerning the Online eBilling 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. makes no warranties other than those expressly set forth in this agreement. 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

is committed to protecting your privacy. You acknowledge that and InfoSend may receive certain private and confidential information in connection with your use of Online eBilling. may utilize your name, mailing address, and changes thereto. will not rent, sell, or otherwise make available to any third party for any reason any of your private and confidential information that personally identifies you through the Online eBilling service, other than to provide Online eBilling or to 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 eBilling 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 eBilling service.

website has security measures in place to protect against the loss, misuse, or alteration of the information you provide. The server software conforms to industry standards utilizing Secure Sockets Layer (SSL) technology, which is among the best software available for securing commerce transactions. In spite of the security measures taken by and InfoSend, however, the internet is not absolutely secure and is subject to significant levels of hacking and other criminal activity that may result in an unauthorized third party obtaining your personal identifying and billing information. As a result, if you use Online eBilling, you agree to accept all risks of such use, including without limitation identity theft, unauthorized use of credit card or banking information, or other losses arising out of hacking and other forms of electronic theft.

Termination of Online eBilling

You may choose to cancel Online eBilling at any time with no fee. If you wish to discontinue Online eBilling, you may do so by calling at (602) 240-6860 or sending a cancellation notice to the address shown below under "Notices to ." Your termination will be effective no more than thirty (30) days after we receive your request.

may suspend or terminate your access to Online eBilling at any time, without notice and for any reason. will attempt to provide you with prior notice of suspension or termination by posting on our website or otherwise sending notice of termination. However, will not be liable for any failure to do so.

Notices to

You may contact us at the following address or phone number:


3805 N. Black Canyon Hwy
Phoenix, AZ 85015-5351
(602) 240-6860

Governing Law/Venue/Tort Claims Act

This Agreement shall be governed by the law of the State of Arizona without regard to conflict of laws provisions and any action or lawsuit related to this Agreement will be adjudicated in a court of competent jurisdiction in the Maricopa County.

Use of Electronic Communication

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