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Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE

By using this Site, you are deemed to have read and accept these terms and conditions of use, including the company's privacy and security statements. If you do not accept these terms of use, do not use this Site.

Welcome to WaterUtilityManagementServices.com. This Website, WaterUtilityManagementServices.com, (the "Site") is operated and maintained by Utility Management Services, collectively known as "we", "us", "our", "the Company", or "UMS”.  “User” refers to an individual or entity accessing this Site.

Changes to the Terms or Site

The Company expressly reserves the right to amend these Terms of Use, Privacy Statements, and Security Statements (hereinafter referred to as the "Terms of Use") from time to time as the company sees fit by posting amended terms of use on this Website. The most up-to-date version of these Terms of Use will always be available for your review on this Site.  User should view these Terms of Use periodically to stay informed of changes that may affect User.  User’s continued use of this Site after amendments are posted will signify your acceptance of such amendments.  Amendments will become effective when they are posted on this Site.

We may at any time modify or discontinue any aspect or component of this Site.  If you breach or do not accept any of these Terms of Use, you agree to immediately delete or destroy any downloaded or printed material obtained from this Site.

Use of Website

This Site is intended to allow Utility Management Services customers to access their accounts, request services and make on-line payments.  Unless otherwise specified, this Site is for your personal and non-commercial use.  The Company reserves the right to terminate your User privileges, including access and use, or modify or discontinue the UMS Water Site or any of its content, at any time, for any reason, and without notice.  All information on this Site, except User Account Services, is intended to be accessible to all visitors.

Unauthorized Use

User understands that unauthorized attempts to upload or change information on this Site are prohibited under the Computer Fraud and Abuse Act of 1986.

Risk of Computer Virus

The Company does not warrant that the functions contained in the materials in this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site, or the server that makes it available, are free from viruses or other harmful components.  It is User’s sole responsibility to safeguard against such risks while using this Site.

Copyright Notice ©

Copyright and other relevant intellectual property rights exists on the entire content on this Site, including without limit, text, company logos, software, artwork, graphic, designs, interfaces, code, icons, buttons, audio clips, video clips and the selection or arrangement of any of them are the copyrighted property of the Company or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions.  The compilation of all content on this Site is the exclusive property of the Company and may be protected by U.S. and foreign copyright laws and international conventions.  Any unauthorized use of materials on this Site may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications regulations or statues.  Except as allowed in these Terms of Use, such content may not be reproduced, copied, edited, modified, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of the Company and any other copyright owner.

Trademarks ™

The trademarks, service marks, logos, graphics, page headers, buttons, icons, scripts, domain names, URLs, and other identifiers ("Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Company and others in the United States and other countries.  No display or use of such Trademarks may be made without the express prior written permission of the Company or other trademark owner, as the case may be.  You may not use any meta tags or any other "hidden text" utilizing the Company's name or Trademarks without the express prior written permission of the Company.

Termination of Agreement and Refund Policy

Both the Company and the User have the right to terminate any Services Agreement for any reason, including ending of services that are already underway.  No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.  Any monies that have been paid to the Company which constitute payment in respect of the provision of unused Services shall be refunded.

Utility Management Services Privacy Statement

Utility Management Services is firmly committed to respect and protect your privacy.  Any information that can be used to identify individual customers is collected only with user permission.  Should we ask you to provide certain information by which you can be identified when using this website then you can be assured that it will only be used in accordance with this privacy statement.  This document discloses types of information collected, how information is collected, and addresses the end use of collected information. 

Utility Management Services’s privacy policy is available at Privacy Policy (the “Privacy Policy”), which is incorporated by this reference.

Security

We are committed to ensuring that your information is secure.  In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site.  Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used.  This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs.  We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not.  A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies.  Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.  This may prevent you from taking full advantage of this Site.

External Websites

This Site also contains links and pointers to other websites of interest or those websites that are operated by an external party.  When users click on links to such external websites and leave our site, you should note that we do not have any control over that other website.  Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement.  You should exercise caution and look at the privacy statement applicable to the website in question.  Moreover, in no way should an external link be considered any form of endorsement by Utility Management Services. 

If you click on one of these links, you will leave the Company's Website and go to the Website of the third party.  In addition, in some cases, if you request certain content appearing on the Company's Website, you may be taken to a third party's Website that is actually hosting the content.  In certain instances, the third party's content may be displayed in such a way it appears you are still on the Company's Website.  The Company is not responsible for the content or operation of third-party Websites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply the Company endorses or is affiliated with such Websites, services, or third parties, or any services or products they offer.

We request that you do not "deep link" to interior pages on the Website.

Passwords

To access your account through this Site, you will be required to register and fully and accurately complete a registration form.  You will be asked to provide your name, customer number account number, email address, and a password.  It is your responsibility to maintain the confidentiality of your password.  You may not use the account, user name or password of anyone else at any time.  You agree to immediately notify UMS Water of any unauthorized use of your account, user name or password.

Mining

No user or third party is authorized to use any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise "mine" information displayed on this Site for display on or use with any Website or service other than search engines.

Security Statement

Utility Management Services is firmly committed to your security.  This Site has security measures in place to protect the loss, misuse, and alteration of the information under its control.  Please keep in mind however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100-percent secure.

As a result, we cannot guarantee the security of any information you transmit using our Site, and you transmit such information at your own risk.  UMS Water further does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems or those of our vendors or partners.

Secure Socket Layer (SSL) is a security protocol used for securing communications on the Web.  SSL security is implemented at any stage of the information-gathering process that requires personal information.

Your browser will give an indication that SSL security is being used (e.g., by showing an icon in the status bar area). Check your browser's documentation for more information.

Disclaimer of Liability

Utility Management Services shall not be liable for any improper or incorrect use of the materials or information described and/or contained on this Site and assumes no responsibility for User's use of them.  In no event shall UMS be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (or any combination thereof) arising in any way out of the use of this Site or the materials and / or information contained herein.

This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998.  A small fee will be payable. If you would like a copy of the information held on you please email request to CommunityRelations [AT] waterutilitymanagementservices.com. 

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

Accuracy and Use of Information

This Site and any content, information, software, functions, and applets proved on or through the Site are made available on an "as is" and "as available" basis without warranty, express or implied, and you use this Site at your own risk. UMS Water does not warrant nor make any representations regarding the use, content, or the results of the use of the materials or information on this Site, or the accuracy, adequacy, completeness, legality, reliability, or usefulness of any the materials and / or information reflected on this Site. No Company employee, agent, representative, or any third party is authorized to create any warranty of any kind not expressly made in these Terms of Use.

Indemnification

To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless the Company, its affiliates, its subsidiaries, their directors, officers, employees and / or agents, from and against all liabilities, claims and expenses, including attorneys' fees and experts’ fees, arising out of the User's use of this Site, or the User’s use of the materials or information contained on or through this Site by you or your representative.

Infringement

If you believe that any material on this Website infringes a copyright, trademark, or service mark that you own or are authorized to protect, please notify us immediately. Send a "Notice of Infringement" to WebMaster [AT] waterutilitymanagementservices.com and fax a confirming copy to (530) 894-7645. The Digital Millennium Copyright Act, 17 U.S.C. Section 512(3) (A) specifies required information.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Any modifications or waivers of any of the provisions within these Terms of Use are not binding unless in a signed writing by the Company. 

Contact Us

Utility Management Services can be reached with any questions or comments regarding the Site or any information or material on the Site by contacting our Director of Community Relations at CommunityRelations [AT] waterutilitymanagementservices.com, by fax at (530) 894-7645, or via U.S. Mail addressed to Utility Management Services, Drawer 5172, Chico, CA 95927-5172 regarding any Website or the Terms of Use inquiries.

General Provisions

This Terms of Use policy, which explicitly incorporates by reference UMS’s Privacy Policy and Security Statement, is the final and completely integrated understanding of the agreement between Utility Management Services and User regarding User’s use of this Site.  These Terms of Use supersede any and all prior or contemporaneous agreements or understandings between the Company and User.

Jurisdiction

The Company control and operates this Site from its offices in California.  Use of this Website will be deemed to take place solely in California. You agree that the courts located in Butte Count, California, will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of this Site, and that you will submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to its reasonable attorneys' fees and costs, in addition to all other available recovery and relief.  Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

UMS’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of UMS’s right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by UMS with respect to such use.

UMS’s electronically, or otherwise properly stored copy of these Terms of Use, is the true, complete and enforceable copy of these Terms of Use.   User shall not contest the admissibility or enforceability of UMS’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use.

Any legal or equitable cause of action arising from or relating to User’s use of this Site must be brought within one (1) year after the cause of action arises. 

If any provision of these Terms of Use is declared unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms and shall not affect the validity and enforceability of the remaining provisions.  These Terms of Use, including the legal disclaimers and indemnification, shall be governed by and construed in accordance with the laws of the State of California.

Unauthorized attempts to upload or change information on the Company’s Site is strictly prohibited and may be punishable by law, including under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act of 1996.

© Utility Management Services 2013 All Rights Reserved

Copyright © 2016 Utility Management Services. All rights reserved.