DISCLAIMER
Terms & Conditions for Authorization for Online Payments
The AutoMax online payment website is an on-line bill payment service (the
“Service”) provided as a convenience to you by AutoMax PA, Inc.
Terms Governing Use of the Service.
Please read these terms and conditions (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.
AutoMax 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. AutoMax has no obligation to notify
users of the posting of a modified Agreement.
Payment for Services. By submitting payments through the Service, you
authorize AutoMax to process your payments according to your
instructions. You are responsible for any legal, regulatory, or banking penalties
and fees that may be assessed for supplying false information to us for use with
the Service.
You may use the Service only to authorize the payment of bills owing to
AutoMax. Payments that you authorize will be made from a bank or financial
institution account (the “Transaction Account”) that you designate. It is your
responsibility to establish and maintain the Transaction Account and to pay any
and all fees associated with the Transaction Account. By accepting these
Terms and Conditions, you represent and warrant to AutoMax that: (i) you are
18 years old or older; (ii) you are using your actual identity and any information
you provide is accurate and complete; (iii ) you are legally authorized to make
payments using the Transaction Account; and (iv) your use of the Service will
not violate any local, state, national or international laws or regulations.
Timing. By providing AutoMax with a payment authorization under the Service,
you authorize AutoMax to charge the Transaction Account to remit funds on
your behalf to pay your bills owed to AutoMax. It is your responsibility to make
timely payment authorizations, so that the funds will arrive at AutoMax before
the date on which they are due. You should submit all payment authorizations
to AutoMax at least three (3) business days before the actual due date for the
bills (not the late date). A “business day” means any day other than Saturday,
Sunday, a federal holiday, or any other day on which banks in the United States
are not generally open for business. You shall bear the risk and the responsibility
for paying any late charges or penalties resulting from the late receipt of any
payment made under the Service.
Our Responsibilities. AutoMax will use all reasonable efforts to process all your
payment authorizations promptly and properly, provided the authorizations are
actually received by AutoMax. AutoMax will not be responsible for any failure
to process a payment authorization that is not actually and completely
received by AutoMax for any reason, including user error, equipment
malfunction, natural disasters or impediments, or inaccurate or incomplete
information.
If AutoMax does not process a payment made by you in the correct amount,
AutoMax will be liable for your losses, but in no event shall AutoMax liability
exceed the amount of the affected payment authorization. However, AutoMax
shall not be responsible and shall not be liable for any of your losses if it is unable
to complete a payment authorization initiated by you because of the existence
of any one or more of the following circumstances:
The Transaction Account does not contain sufficient funds to complete the
transaction, or the transaction would exceed the credit limit applicable to the
Transaction Account.
You have not provided AutoMax with correct names or account information.
Circumstances beyond AutoMax control (such as, but not limited to, fire, flood,
internet service interruptions, or interference from an outside force) prevent the
proper transmission of your payment authorization.
AutoMax fails to receive a full and complete payment authorization.
You have made any false or materially misleading statement or representation
in connection with any payment authorization.
The bank or financial institution maintaining the Transaction Account refuses or
is unable to honor a payment request from AutoMax.
DISCLAIMER OF WARRANTIES. AUTOMAX 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, AND NON INFRINGEMENT. SPRENGER HEALTH CARE
SYSTEMS DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS
TO AND USE OF THE SERVICE WILL BE AVAILABLE OR UNINTERRUPTED.
Assignment. You may not assign this Agreement to any other party
