Account Access Terms & Conditions
These Terms and Conditions cover Marina Del Ray (hereafter referred to as “Company”).
You may use Company Account Access offered through Company’s
online Account Access service system, only if you are a customer of Company,
properly register a user name and password, and agree to these Terms and
Conditions.
- General.
Company currently offers Account
Access through its online Account Access service system. Company’s
Online Account Access service ("Account Access") allows you to
view your Company bill via the Internet and
allows you to pay your Company bill
via the Internet. By accepting below or otherwise using Account Access you
represent that you are the customer of record for the Company customer account or service
account that you are enrolling in or that is enrolled in Account Access. Company reserves the unqualified right
to accept or decline to accept an application to enroll in Online Billing,
Account Access and/or Direct Payment.
- Your
Password. You must use a user name and password ("Password") to
access Company’s Account Access. Your
Password has the same effect as your written signature in connection with
Company’s Account Access and can be used to access your bill. Your
Password must be kept confidential at all times and should not be provided
to any other party. You are responsible for keeping your Password
confidential and protecting it against improper and unauthorized use. You
are solely responsible for any and all transactions, entries or
instructions initiated through the use of your Password, and any and all
claims, losses, damages, expenses and costs incurred by the improper or
unauthorized use of your Password and/or the use of your Password by
others. If you believe that your Password has been lost or stolen, that
someone has improperly accessed your account for Company’s Account Access
without your permission, or that the security of your Password has been
compromised in any way, please contact Company immediately. You may also
reset your Password online by contacting Company as provided in the
"Notices to Company" Section below. If you have forgotten your
Password, online reminder capabilities are available to assist you in remembering
them by selecting "Forgot My Password" from the Log-In screen.
- Availability. Company’s Account Access are designed to be available
seven days a week, 24 hours a day, and Company will endeavor to update
account balance and activity information daily. However, Company shall not
be liable for any failure to send electronic notifications concerning your
bill, for your inability to receive electronic messages or to access
Company’s Account Access, or for Company’s delay in updating or failure to
update any information, for whatever reason.
- Payment of Company Bill(s). It is your sole responsibility to pay
your Company bill(s) on time to avoid late fees, collection activity or
disconnection of electric service.
- Payment Processing for Account Access. Payments made through Account
Access received before 6:00 p.m. Eastern Standard Time, Sunday through
Friday, will be credited to your Company account the same day. Payments
made after 6:00 p.m. Eastern Standard Time, Sunday through Friday or on
Saturday or holidays, will be credited to your account the following
business day. You are solely responsible for making payments sufficiently
prior to the due date, and you are solely responsible for any late fees.
- Unauthorized Transfers. If you believe someone has improperly
accessed your Bank Account through Account Access without your permission,
contact Company immediately. You should also immediately contact your
Financial Institution.
- Fees. Company does not charge you any fees for using the Account
Access. However, if you are using Account Access, your Financial
Institution may charge you fees related to your Bank Account, including
transaction fees or fees for attempting transfers without sufficient
funds. If a transaction is not honored by your Financial Institution, fees
may be charged to your Company account. Company reserves the right to
begin charging fees for Company’s Account Access after reasonable notice
is provided to customers using Account Access.
- Termination. You may choose to cancel Account Access at any time
with no fee. If you wish to discontinue Account Access, you may cancel by
sending a cancellation notice to the address shown below under
"Notices to Company." Generally, within ten (10) days of
Company’s receipt of your request, termination will be effective. Company reserves the right to
discontinue any of the Account Access, and/or suspend or terminate your
access to any of the Account Access, without notice, at any time or for
any reason. Company will attempt to provide you with prior notice of
discontinuance, suspension or termination by sending notice, but Company
shall not be required to do so nor shall Company be liable for any failure
to do so. Neither suspension, termination nor discontinuation of Account
Access shall affect your liability for transactions initiated through such
services using your Password.
·
Notices to Company. Please direct all
correspondence to the following e-mail address:
marinaoffice@marinadelrayla.com. You may also contact
Company at the following addresses or phone numbers:
100 Marina Del Ray Dr
Madisonville, LA 70447
(985) 845-4474
- Amendments. The terms of Account Access and of this Agreement may be
modified or amended by Company from time to time. In such event, Company
will provide notice to you in accordance with applicable law, which may be
accomplished by posting such change on Company’s Website. Any use of
Company’s Account Access after Company provides you with a notice of
change will constitute your agreement to such change(s). You may terminate
this Agreement if you do not agree with any such amendments.
- Assignment. You may not assign this Agreement to any other party.
- Governing Law. This Agreement shall be governed by the law of the
State of Tennessee without regard to its conflicts of laws or provisions.
- Disclaimer of Warranties. Company’s Website and any content,
information, software, functions and applets provided on or through the
Website are made available on an "as is" and "as
available" basis. Company does not warrant that the Website or any
content or services provided in connection with the Website, including
Company’s Account Access, will be timely, secure, uninterrupted, or
error-free, or that defects in the Website or in any content or services
provided through the Website, including Company’s Account Access, as may
exist from time to time, will be corrected. Company will not be
responsible for errors, omissions, interruptions, deletions, defects or
delays in the operation of or transmission of data through the Website,
any services, including Account Access, or related content, including
those due to communication line failures, or computer viruses associated
with the operation of the Website.
- Company MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO
COMPANY’S WEBSITE OR THE ACCOUNT ACCESS, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. YOU EXPRESSLY AGREE TO USE COMPANY’S WEBSITE AND THE
ACCOUNT ACCESS AT YOUR SOLE RISK.
·
Limitation
of Liability and Indemnity. Company, its affiliates or subsidiaries, and their
officers, directors, employees, agents, successors, or assigns, will not be
liable to you or any third party for any indirect, consequential, incidental,
exemplary, special or punitive damages (including without limitation, damages
resulting from lost data, lost profits, or costs of procurement of substitute
products or services) arising out of or in connection with Company’s Account
Access. You agree to defend, indemnify, and hold harmless Company, its affiliates
and subsidiaries, and their officers, directors, employees, agents, successors,
or assigns from any and all claims, liabilities, costs and expenses (including
reasonable attorneys' and experts' fees) arising in any way from your use of
Company’s Account Access, or the placement or transmission of any message,
information, software, or other materials or content on or through the Website
in connection with Company’s Account Access by you or users of your Password,
or related to any violation of these Terms and Conditions by you or users of
your Password, unless caused by the sole negligence or willful misconduct of
Company.
- Use of Electronic Communication. By accepting below or otherwise
using Company’s Account Access, you also agree that any and all notices,
disclosures and communications regarding Account Access between you and
Company, including this Agreement, may be made electronically, including
by Company posting to its Website in accordance with applicable law. Any
electronic notice, disclosure or communication Company makes will be
considered made when transmitted by Company.
- Privacy of Information. You acknowledge that
Company will receive certain personal, private and/or confidential
information in connection with your use of Company’s Account Access; and
that absent your express authorization, Company will not rent, sell or
otherwise make available to any third party for any reason any of this
information that personally identifies you, your Bank Account or payments
you make through Account Access or Direct Payment, other than to provide
the Account Access or to comply with applicable laws or regulations.
- Credit cards accepted. Any card with a Visa,
Mastercard, American Express, or Discover Card logo, including gift cards,
are accepted.
- Refund and Return Policy. No refund will be made
once a payment is made. Once a payment is made, it is non-refundable and
non-transferable. It is your responsibility to familiarize yourself with
this refund policy. By signing up for an account, you indicate that you
have read this refund policy and that you agree with and fully accept the
terms of this refund policy.