Please read the following agreement carefully.
1.1 Use. Licensor hereby grants you a nonexclusive, nontransferable license to access and use the Services internally in the United States via the Internet for the purpose of online bill presentation. You shall comply with all applicable laws and regulations with respect to use of the Licensor's Web Site and the Services. All right, title and interest in and to the Web Site and the Services will at all times remain the property of Licensor and its licensor(s) and service providers.
1.2 Security and Use Limitations. To the extent you utilize the Services; you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the Services. You agree to assume all risk and liability arising from your use of the Services, including the risk of breach in the security of the communications or transactions you conduct with Licensor online.
1.3 Restrictions. You are solely responsible for maintaining the confidentiality of your password, and agree that Licensor will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, you must contact Licensor immediately at 209-883-8356.
2. Indemnification. You shall indemnify Licensor, its directors, employees, agents and licensors against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable attorneys' fees), settlements, damages, judgments and the like arising from your use of the Services.
3. Disclaimers of Warranties. LICENSOR AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION THE SUITABILITY FOR ANY PURPOSE. YOUR ACCESS TO AND USE OF THE SERVICES AND OTHER INFORMATION ON LICENSOR'S WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE, SERVICES AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY. LICENSOR AND ITS LICENSORS DO NOT WARRANT THE ACCURACY OF THE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEB SITE. FURTHER, LICENSOR DOES NOT WARRANT THAT: THE WEB SITE AND ITS SERVICES WILL MEET YOUR REQUIREMENTS; THE WEB SITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION ITS OPERATION, OR THE SERVICES WILL BE ERROR-FREE; OR ALL DEFECTS WILL BE CORRECTED. LICENSOR ALSO DOES NOT WARRANT THAT THE WEB SITE AND THE SERVICES WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT. LICENSOR DOES NOT WARRANT THAT THE FILES, CONTENT AND/OR INFORMATION, IF ANY, AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
6. Term and Termination. This Agreement is effective immediately upon your agreement to the license terms for the Web Site and shall continue until terminated as described in this section. Licensor may suspend or terminate this Agreement immediately and without notice in the event that: (i) you breach this Agreement; (ii) you terminate or suspend your business; (iii) for any other reason in Licensor's sole discretion.
7.1 Assignment, Successors. No right or license under this Agreement may be assigned or transferred by you nor may any duty be delegated by you without Licensor's prior written consent. Any assignment, transfer or delegation in contradiction of this provision shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and assigns of you and Licensor. Licensor shall have the right, in its sole discretion, to assign its rights and/or obligations under this Agreement.
7.2 Waiver, Severability, Amendment. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions herein will remain in full force and effect. This Agreement may be amended only in a document approved by you and Licensor, or authorized representatives.
7.4 Entire Agreement. This Agreement is the complete and exclusive agreement between the parties and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.