Terms and Conditions

Please note that the following Terms and Conditions for My Account are effective as of December 2014.

THESE TERMS AND CONDITIONS APPLY

These terms and conditions apply to your access to and use of the My Account Portal. By clicking the “[I have read and agree with the Terms and Conditions]” checkbox or otherwise using or attempting to use the My Account Portal, you confirm you have read and understood and accept and agree to all of these terms and conditions, without alteration or exception. If you do not accept these terms and conditions, do not click the “[I have read and agree with the Terms and Conditions]” checkbox or otherwise use or attempt to use My Account Portal.

These terms and conditions apply separately and in addition to the terms of the San Bernardino Municipal Water Department's("SBMWD") Rules & Regulations and do not vary, waive or replace any of those terms in any way. In the event of any inconsistency between these terms and conditions and any of those other terms, these terms and conditions prevail to the extent of the inconsistency as regards your access to or use of the My Account Portal.

Acceptance by you of these terms and conditions binds you and anyone acting for you or on your behalf (including, but not limited to, any of your employees, officers and agents) to comply with these terms and conditions.

READ CAREFULLY

You should read these terms and conditions carefully and obtain such independent advice as you require in relation to them.

In the terms and conditions:

  • “SBMWD” means the City of San Bernardino Municipal Water Department;
  • “My Account Portal” means SBMWD’s My Account web-based online account services tool, accessed via the Website;
  • “Privacy Policy” means SBMWD’s published privacy policy as amended or replaced from time to time, which includes the steps taken by us to maintain customer confidentiality, the current version of which is available by clicking the “Privacy Policy” link [Privacy Policy] on the Website, or on request by contacting customer service;
  • “Website Disclaimer” means SBMWD’s published disclaimer for use of the My Account Portal, as amended or replaced from time to time, the current version of which is available by clicking the [Privacy Policy]link on the Website, or on request by contacting customer service;
  • "we", "our" or "us" means SBWMD;
  • "you" or "your" means the person who accepts these terms and conditions;
  • “Website” means SBMWD’s internet website located at www.sbmwd.org, as altered or replaced from time to time.

Headings used in these terms and conditions are not representations and do not form part of any agreement.

YOUR PRIVACY

Unless we are permitted to do otherwise under these terms and conditions or another agreement or arrangement we have with you, we will take reasonable steps to protect any confidential information concerning you or your affairs that is transmitted or otherwise made available to us through or relating to your use of the My Account Portal or the Website, consistent with our Privacy Policy and our statutory and contractual obligations. But, subject to EXCLUSIONS AND LIMITATIONS section, we will not otherwise be liable in any way for any unauthorized access to or use of that information.

SECURE SECTIONS

The My Account Portal and certain information contained in the Website are provided for, and may only be accessed by, our current utility customers who have registered for use of the My Account Portal. My Account Portal users may not access utility account information for which they are not the customer of record. My Account Portal users must be customer on file with SBWMD to access utility account information.

USER IDENTIFICATION AND PASSWORD

You must have a valid email address and select a password, which we will use to identify you when you transact business with us via the My Account Portal. You must use your user identification and password to access and use the My Account Portal and enable us to identify you.

PASSWORD SECURITY

You must keep your password and any record of it secret, secure and protected. You must not disclose your password to any third party or use your user identification and/or password for any unauthorized purpose.

Without limiting your obligations above:

  • you must only keep one record of your user identification and password;
  • you must keep your record of the user identification, password, account number and confidential identification details you have provided separate and apart from each other;
  • do not tell any unauthorized person your user identification and/or password;
  • do not allow any unauthorized person to read and/or watch you enter, or hear your password; and
  • you must notify us as soon as possible if you become aware of unauthorized access to or use of your user identification, password or other confidential identifying code, or of the loss or theft of a record of any of your password, or if you suspect that your password have become known to any unauthorized person.

YOUR INFORMATION

All information provided by you for or in relation to making use of the My Account Portal or the Website or of any information, services or material provided by the My Account Portal or the Website must be accurate, complete and not misleading. You must immediately update this information if it changes. If any of your information is incomplete, inaccurate or misleading, we may deny you access to the My Account Portal or the Website or both.

TERMS AND CONDITIONS MAY CHANGE

The only terms and conditions which are binding upon us in relation to your access to or use of the My Account Portal are those set out in or expressly incorporated by these terms and conditions; and those which are imposed by law and which may not be lawfully excluded. We may amend or replace these terms and conditions or the My Account Portal, in whole or in part, at any time. If we do, we will give you at least 14 days notice of the change through any one or more of the following means (at our discretion): the My Account Portal, the Website, in press advertisements, by letter, newsletter, or on your bill.

Either party may terminate your use of the My Account Portal at any time by giving at least [3] days notice. Our obligation to give you advance notice does not apply if variations or termination are required in an emergency to restore or maintain the security of the My Account Portal, any customer data or SBMWD data or the Website.

USE OF MY ACCOUNT PORTAL OR THE WEBSITE

We are authorised by you to act and rely upon all instructions given through the My Account Portal or the Website or by telephone using your My Account Portal user identification and password. We may, as part of our security procedures, record and retain telephone instructions as evidence. You agree that we are authorised to access and use all and any information and data relating to your registration for or access or use of the My Account Portal for any purpose specifically relating to the security or operation of the My Account Portal or the Website, including but not limited to investigating and resolving any technical issues relating to the My Account Portal or the Website.

We may cancel your access to and use of the My Account Portal or the Website at any time without notice or any liability to you if we believe any of your user identification and password are being used, or will or are reasonably likely to be used, in a way that will or is reasonably likely to cause loss or damage to you, us or any other user of the My Account Portal or the Website.

IF THE WEBSITE OR MY ACCOUNT PORTAL IS OFF-LINE

It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use the Website or the My Account Portal. We undertake to make all reasonable efforts to ensure that the Website and the My Account Portal are available to you during the hours specified by us. However from time to time when the Website or the My Account Portal is not available or otherwise not fully functional ("off-line"), then we are not liable to you for or in connection with:

  • failure of the Website or the My Account Portal to perform in whole or in part, any function which we have specified it will or may perform or to perform that function in whole or in part to any particular level or standard;
  • the unavailability of the Website or the My Account Portal to you in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or
  • delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

ACCURACY OF INFORMATION

Subject to EXCLUSIONS AND LIMITATIONS and in addition to the Website Disclaimer, we will not be under any liability to you (or any of your officers, agents or employees) for any direct or indirect loss or damage (including without limitation consequential loss or damage, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of the My Account Portal or the Website or your use of or reliance upon any of the information, services and/or material contained in the My Account Portal or the Website or provided by us to you or our negligence or our breach of any of our obligations under these terms and conditions.

EXCLUSIONS AND LIMITATIONS

The information and data contained in or available at or via the My Account Portal or the Website (“Information and Data”) is provided or otherwise made available by us in good faith. However, changes or events may occur which cause some or all of the Information and Data to be inaccurate or out of date. Accordingly, in addition to the Disclaimer but subject to the rest of this clause, we do not warrant or guarantee in any way the accuracy, completeness or currency of any of the Information and Data, and any reliance by you upon any of the Information and Data is entirely at your own risk.

Nothing in these terms and conditions is to be taken to exclude, restrict or modify:

  • (a) any rights of recovery or to compensation you may have under applicable law;
  • (b) any other rights of recovery or to compensation you may have under law; or
  • (c) any other condition, warranty or guarantee to the extent that we are prohibited by law from excluding, restricting or modifying them.

All other conditions, warranties and guarantees in relation to any matter (including any rights of recovery or to compensation), whether or not implied by law, are, to the maximum extent permitted by law, excluded. This exclusion applies whether or not you are a Consumer.

LINKS TO OTHER SITES

My Account Portal or the Website may contain links to websites maintained by other organisations. We do not endorse any material on those other websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those other websites. SBMWD is not responsible for the privacy practices, content, or copyright issues of other sites. When you select one of those links, you will be leaving SBMWD's web site and will be subject to the privacy policy of that web site.

COPYRIGHT

We own copyright in the contents of the My Account Portal and the Website. You may access and display these pages on a computer or a monitor, and print out for your personal or internal business use any page or part of any page of the My Account Portal or the Website. All other use, copying or reproduction (including reproduction on any other website) of any part of the My Account Portal or the Website is prohibited.

VIRUSES

We do not represent or warrant that the My Account Portal or the Website and any other information or material contained in, downloaded or accessible from or using the My Account Portal or the Website, is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security checks and systems.

COOKIES

The My Account Portal and the Website use a feature of your internet browser called a "cookie" to manage security and store report parameter information. If your browser does not support cookies, or you have disabled this functionality, you will be unable to use the My Account Portal and the Website.

 

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