E-bill Terms and Conditions
Acceptance of Terms: If you do not accept these Terms and Conditions, Omnicare (“BILLER”) has the right to discontinue providing the EBPP Service to you. These Terms and Conditions may be updated from time to time. Upon any change in the Terms and Conditions, we will notify you. Your continued use of the EBPP Service thereafter constitutes an acceptance of the changes and an agreement to be bound by said changes. If you do not agree to the changes, you agree to discontinue your use of the EBPP Service.
Services: BILLER, and it’s licensors, including High Cotton USA, INC, currently provide the EBPP Service that enables customers to view their accounts and pay their bills on the Web, thus eliminating the time and expense of conventional payment.
Service Limitations: We will try very hard to make your experience with the EBPP Service a productive one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in personalization settings or other service interruptions. For this reason, you agree that the EBPP Services are provided "AS-IS", without warranties of any kind. We do not assume responsibility for timeliness, deletion, missed delivery, or failure to store any user data, communications or personalization settings.
Service Changes and Discontinuation: BILLER reserves the right to change or discontinue, temporarily or permanently, the EBPP Service at any time without notice. You agree that BILLER shall not be liable to you or any third party for any modification or discontinuance of the EBPP Service.
Cancellation: You may cancel your enrollment in the EBPP Service at any time by contacting your billing office at the toll-free number located on your billing statement, and provide your account number and the email address you are enrolled with.
Conditions for Use:
Provide Accurate Information: You agree to provide: True, accurate, current and complete information about yourself as requested in our Electronic Bill Presentment and Payment's registration form and account setup forms. You agree not to misrepresent your identity. You agree to keep your registration and account information up to date and accurate.
Guard Your Password: You will be asked to select a password when registering. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify BILLER immediately of any unauthorized use of your password or account or any other breach of security. BILLER shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
Obey the Law: You agree not to use the EBPP Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Proprietary Rights: You acknowledge and agree that BILLER and its licensor own all rights to this Web site and the content displayed on the site. You are only permitted to use this content as expressly authorized by the EBPP Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to attempt to, or reverse-engineer or reverse-compile any of the technology used herein.
Rights You Grant to BILLER regarding the EBPP Service:
Account Access. In order to ensure that BILLER is able to provide high quality services that are responsive to members' needs, you agree that BILLER employees and agents may have access to your account and records.
Third Party Accounts. By using the EBPP Service, you authorize BILLER to access third party sites designated by you, on your behalf, to retrieve information requested by you and you hereby appoint BILLER as your agent for this limited purpose. You hereby permit BILLER to use information submitted by you to the EBPP Service to accomplish the foregoing.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE EBPP SERVICE IS AT YOUR SOLE RISK. THE EBPP SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BILLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
BILLER MAKES NO WARRANTY THAT:
THE EBPP SERVICE WILL MEET YOUR REQUIREMENTS.
THE EBPP SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EBPP SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BILLER OR THROUGH OR FROM THE EBPP SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY
OTHER PART OF THESE TERMS AND CONDITIONS, THEN THIS SECTION WILL
OF LIABILITY. YOU AGREE THAT BILLER WILL NOT BE LIABLE FOR ANY
HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BILLER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
ANY OTHER MATTER RELATING TO OR ARISING OUT OF THE EBPP SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification. You agree to protect and fully compensate BILLER and its affiliates, and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the EBPP Service, your violation of the Terms and Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Other. This agreement cannot be changed or any of BILLER's rights waived unless BILLER agrees in writing or you continue using the EBPP Service following receipt of notice of any changes proposed by BILLER. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via email or conventional mail, at BILLER's discretion. BILLER may broadcast notices or messages through the EBPP Service to inform you of changes to the Terms and Conditions, the EBPP Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to BILLER must be made in writing. If any provision of these Terms and Conditions is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
The laws of the State of Alabama apply to this agreement. These Terms and Conditions are the entire understanding between you and the BILLER companies with respect to the EBPP Service.