Electronic Bill Presentment and Payment

Terms of Service

The following Terms of Service form the basis of the agreement between you and Jennette Properties, Inc. (“Company”, “we”, “us”, and “our”) and govern the use of Company’s Electronic Bill Presentment and Payment service (the “Service”) allowing you to view and/or pay Company bills online and/or by telephone. The Service is hosted and provided by various third party vendors (“Contractors”).

1 Acceptance of Terms of Services. BY CHECKING THE BOX TO ACCEPT THESE TERMS OF SERVICE AND ENROLLING IN THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE AND YOU WILL BE ABLE TO VIEW AND/OR PAY YOUR COMPANY BILLS THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ENROLL IN THE SERVICE.

2 The Service.

2.2.1 You agree that it is solely your responsibility to pay your E-bills monthly and that you are solely responsible for any late payment charges for such E-bills. You also agree that if you authorize a payment instruction and the instruction is erroneous in any way, Company and Contractors shall have no obligation or liability for the error.

2.2.3     At Company’s discretion, you may have the option of initiating payments online, via interactive voice response (“IVR”) or through customer service representatives.

2.2.4     By using the Service, you are requesting to make payments from your bank via ACH. If a transaction is unable to be completed for any reason associated with your bank (for example, there are not sufficient funds), the transaction will not be completed and we may assess any applicable late charges or penalties for E-bills that are not paid on time.

2.2.5     You agree that if you make a late payment, you may be assessed a late payment charge on your account.

2.3.1 You will provide the Service with your bank account information and instructions regarding the payment of your E-bills from your account. You authorize Company, or Contractors, to follow the payment instructions and debit or charge your account and obtain funds on your behalf. You also authorize the financial institution that holds your account to make such payments.

2.3.2 You understand that certain types of bank accounts have limits on the numbers or amounts of transfers that may be made in a certain time period. Your bank may refuse transfers which would exceed such limits. You should check with your bank to determine what limitations may apply to your account. If Company is not able to debit the amount required to cover an authorized payment from your account, Company or Contractors will not be held liable for any costs or damages caused by the failure to make the payment and you agree that Company may assess any applicable late charges or penalties for E-bills that are not paid on time. Company has no obligation to try to debit your account for a specific payment more than once.

2.3.3     Transactions should appear on your bank account statements. You are responsible for any fees associated with your bank account and your financial institution may be responsible to provide disclosures, receipts, statements, and other communications for such accounts. Questions about your bank account statements, lists of your transactions, or errors or unauthorized transfers, stopped payments, fees imposed on your account, or your limitation of liability should be directed to your financial institution.

2.3.4     Payment Instructions must be entered prior to the Cutoff Time to avoid a late payment charge. You agree to incur the risk and responsibility for paying any late charges or penalties.

2.3.5     At Company’s discretion, you may be able to establish recurring payments via ACH through the Service.

2.3.6     If you have arranged in advance to make a regular payment from your bank account, you can cancel a scheduled payment up until the Cutoff Time. Scheduled Payments will be processed unless you timely cancel such payments.

3.1       By enrolling in the Service, you consent to receive all bills electronically and you consent that an electronic record of your acceptance may be maintained.

3.2       In order to receive this information electronically, and to access and retain any E-bills you receive, you will need a personal computer or other electronic computing or access device (including a mobile phone and/or other compatible and supported wireless device) with a minimum web browser that supports 128-bit encryption. You must also have ability to receive and read email. You are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider when accessing the Service.

3.3       You (i) agree to provide us true, accurate and current information and to not misrepresent your identity; (ii) acknowledge and agree to receive bills electronically and confirm that you may download or print the E-bills for your records; (iii) acknowledge that you can access information that is provided electronically; and (iv) acknowledge that your action constitutes your signature and agreement to these terms of service as well as your consent to receive E-bills.

4.1 You recognize and agree that Company will use the information you provide for participation in the Service, including disclosure of the information to other parties involved in the Service, such as contractors, financial institutions and governmental agencies.

4.2 You understand that the information you provide and receive as part of the Service is confidential in nature. You agree to keep your password and profile information confidential to prevent unauthorized access to your account. You are fully responsible for all activities that occur using your password or account. Company will 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. If you use the Service for business account(s), you are responsible for establishing and maintaining your own internal security procedures to prevent use by unauthorized employees or persons. You agree that Company and its parent, subsidiaries and affiliates are not responsible for the security and privacy of your password, including but not limited to your misuse or disclosure of your password. If you forget your password, you may utilize the online self-service functionality to reset your password.

5.1       Company is not responsible for unauthorized access by third parties to information and/or communications provided electronically or for delays in the transmission of any information, computer virus or related problems, loss of data or other service interruptions. You agree that if electronic notification of your bill is not received for any reason, including but not limited to communications error or computer program failure, you remain solely responsible for timely payment of the amount due.

5.2       YOU AGREE THAT THE SERVICE IS PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

5.3       YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS PARENT, AND ANY OF THEIR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS OR DIRECTORS, NOR ANY OF THEIR AGENTS OR ANY OTHER PARTY INVOLVED IN THE SERVICE ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on liabilities, so the above limitations may not apply to you.

6.         Indemnification. You agree to indemnify, defend, and hold harmless Company, Contractors, their parents, and any of their subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to the Service (including negligent or wrongful conduct) by you or any other person accessing your account.

7.         Your Information. If your e-mail address or payment information changes, you must update your account information through the Service.

8.         Termination. We or you may terminate your use of the Service at any time. When you un-enroll in the Service or if your use of Service is terminated by us, all scheduled payments under the Service will be terminated. Neither termination nor discontinuation shall affect your liability or obligations under these Terms of Service or your obligation to pay your bills.

9.         General.

9.1       You may not assign your rights under these Terms of Service to use the Service to any other party. We may assign our rights under these Terms of Service at our sole discretion or delegate certain rights and/or responsibilities to third parties or vendors/contractors.

9.2       These Terms of Service and the Service may be changed by Company from time to time, including the change or addition of any fee and service charges. In such an event, Company shall provide notice to you. Any use of the Company’s Service after Company provides you with a notice of change will constitute your agreement to such changes.

9.3       Company shall not be deemed to have waived any of their rights or remedies under these Terms of Service unless such waiver is written and signed by Company. If Company delays or refrains from exercising any rights or remedies under these Terms of Service, such delay or omission shall not be a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

9.4       The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Service.

9.5       If you have additional questions or comments of any kind, please let us know by phone, email or by sending your comments or requests to:

Jennette Properties, Inc.
Attn: Customer Service
1743 Fruitville Road
1-941-953-6000 or jpadmin@jennetteproperties.com