Foothills Communications (foothills.net) Web Site (the “Service”) is an on-line document presentment and payment service provided by Foothills Communications. It is recommended that all payment authorizations be received by Foothills Communications at least three (3) business days before the actual due date, not the late date, to allow processing time and prevent late payments.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. Foothills Communications may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.
Document Presentment and Payment Services. By accessing the Service, you authorize
1. Foothills Communications to establish and maintain your documents and payment authorizations and
2. Foothills Communications to process your payments according to your instructions.
When Foothills Communications receives a payment authorization, you authorize Foothills Communications to charge your transaction account and remit funds on your behalf so that the funds arrive as close to the business day designated by you as reasonably possible. While it is anticipated that Foothills Communications will complete most transactions within twenty-four (24) hours of the day designated, it is understood that due to circumstances beyond the control of Foothills Communications, particularly delays in handling and posting payments by slow-responding companies or financial institutions, some transactions may take a day or even a few days longer.
For this reason, it is recommended that all payment authorizations be received by Foothills Communications at least three (3) business days before the actual due date, not the late date. If you properly follow the procedures described herein, and Foothills Communications fails to process payment authorizations in a timely manner, Foothills Communications will not impose any additional fees or charges for late payments. In any other event, including, but not limited to, sending a payment authorization less than three (3) days prior to the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.
Foothills Communications will use its best efforts to process all your payment authorizations promptly and properly. However, Foothills Communications shall incur no liability if it is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
1. Your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
2. You have not provided Foothills Communications with correct names or account information.
3. Circumstances beyond Foothills Communication’s control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization and Foothills Communications has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing, three (3) exceptions to the Foothills Communications performance obligations are applicable, Foothills Communications shall be responsible for properly directing the payment authorization.
THE FOREGOING SHALL CONSTITUTE Foothills COMMUNICATION’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.
Authorization of payment of taxes or court-directed payment through the Service is prohibited.
Password and Security. The Service will be accessible through a password chosen by you. You agree not to give or make available your password to any unauthorized individuals. If you believe that your password has been lost or stolen or that someone may attempt to use your password without your consent or has authorized payments without your permission, you must notify Foothills Communications at once.
You must not restrict or inhibit any other Foothills Communications customer from using the Service. You may not send any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, threatening, offensive, or otherwise objectionable information of any kind. You may not use the Service to conduct any illegal activity or solicit the performance of any illegal activity, including without limitation the U.S. export control laws and regulations.
In the event Your Bank Returns a Transaction. In using the Service, you are requesting Foothills Communications to make payments for you from your designated transaction account. If your financial institution, or the holder of the account from which you have designated payment is unable to process a transaction (for example, there are not sufficient funds in your account to cover the transaction), the transaction may not be completed.
Types of Payments and Limitations on Payees
You may use the Service to authorize payment from an account that you designate. Foothills Communications reserves the right to refuse to pay any person or entity to whom you may direct a payment. Foothills Communications is obligated to notify you promptly if they decide to refuse to pay a person or entity designated by you. This notification is not required if you attempt to pay tax or court-related payments, which are prohibited under this Agreement.
Foothills Communications reserves the right to charge a fee for receiving a document electronically and/or making electronic payments.
EXCLUSION OF WARRANTIES
FOOTHILLS COMMUNICATIONS IS PROVIDING THE SERVICE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. FOOTHILLS COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FOOTHILLS COMMUNICATIONS OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF FOOTHILLS COMMUNICATIONS OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON FOOTHILLS COMMUNICATIONS, ITS LICENSORS OR SUPPLIERS, FOOTHILLS COMMUNICATION’S AND ITS LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
You may not assign this Agreement to any other party. Foothills Communications may assign this Agreement to any future, directly or indirectly, affiliated company. Foothills Communications may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between Foothills Communications and you concerning the Service. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.
By accessing or using the Service, you agree to be bound by the terms and conditions herein. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. Foothills Communications may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement.