Terms of Use
General
The following Terms of Use
constitute a contract between you and Southeastern Data Cooperative, Inc.
("SEDC"), and apply to your payment to your utility provider by means of
credit/debit cards and e-checks ("Payment") on the SEDC Payment Gateway (the
"Service"). By submitting Payment
information using the Service you agree to the terms and conditions of these
Terms of Use and any documents incorporated by reference. You further agree that the Terms of Use
form a legally binding contract between you and SEDC.
In these Terms of Use, "you"
or "your" means any person or entity using the Service, and "SEDC" refers to SEDC and its
subsidiaries, affiliates, directors, officers, employees, agents and
contractors.
SEDC reserves the right to make changes to
this website (including, without limitation, discontinuing or changing this
website or the Service) and these Terms of Use at any time, with or without
notice. If any provision of the Terms of Use is deemed invalid, void or for any
reason unenforceable, that provision shall be deemed severable and shall not
affect the validity and enforceability of any remaining term or
condition.
Payment Transactions
Completion of a Payment
transaction using the Service may require the authorization of your Payment by
your credit card company or financial institution, the facilitation of payment
by credit card associations and financial institutions, and acceptance of your
Payment by your utility provider. SEDC makes no representations or warranties
regarding the amount of time needed to complete processing your Payment, which
could be affected by delays caused by financial institutions or credit card
associations, and SEDC shall not be held liable for any such delays in
processing time.
Further, in the event your
Payment is not processed or authorized by your card company or financial
institution or your utility provider fails to accept your Payment, your payment
liability shall remain outstanding and unpaid and you may be subject to late
fees and interest charges assessed by your utility provider, all of which
obligations remain your sole responsibility. SEDC shall not be held liable for: (a)
any claim that your Payment was not processed, authorized or accepted, or any
resulting fees and interest charges that you might incur; (b) any inability by
you to use or access the Service or the website for any reason; and (c) any
cause over which SEDC does not have direct control, including problems arising
from computer hardware or software (including computer viruses), telephone or
other communications, or Internet service providers.
SEDC shall not be held
responsible for errors, acts or failure to act of third parties, including but
not limited to financial institutions, credit card associations, communication
carriers, Internet providers, your utility provider, or clearing houses through
which transactions are originated or processed, and no such third party shall be
deemed an agent of SEDC.
Payment Information
In using the Service you are
responsible for maintaining the confidentiality of your personal information and
for restricting access to the computer on which you submit such
information. SEDC is not
responsible for the action or inaction of your card company, your utility
provider, or any credit card association or financial institution with regard to
the personal information that you provide.
SEDC will not have any liability whatsoever in connection with any
unauthorized interception or use of data relating to you or the Service.
Disclaimer of Warranties and Limitation of
Liability
THIS SITE AND THE SERVICE IS PROVIDED BY
SEDC ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEDC MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SERVICE IS AT YOUR SOLE
RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND
PAYMENT INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, SEDC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE.
SEDC SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING
(WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OF THE SERVICES AND THIS WEBSITE, ANY CREDIT CARD
COMPANY'S NON-AUTHORIZATION OF YOUR CREDIT CARD PAYMENT, ANY FINANCIAL
INSTITUTION'S FAILURE TO HONOR A PAYMENT, INCLUDING AN E-CHECK, FOR ANY REASON,
ANY UTILITY'S NON-ACCEPTANCE OF YOUR PAYMENT OR FOR DISRUPTIONS IN SERVICE ON
THIS SITE, REGARDLESS OF THE CAUSE.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL SEDC
BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL
THEORY FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY,
PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH
IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ANY ENTITY HAD BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and
hold harmless SEDC from and against any and all liability, claims, actions,
causes of action, losses, damages, demands, suits, judgments, costs and expenses
(including attorney's fees and expenses) of every nature and description arising
out of or relating to your use of the Service and this
website.
Applicable Law
By
visiting this website and using the Service, you agree that the laws of the
State of Georgia, without regard to its
principles of conflict of laws, will govern this Agreement and any dispute of
any sort that might arise between you and SEDC.