On-Line Web Site Agreement
and Authorization for Payments
The Inova Health System Web Site (the "Service") is an on-line bill payment service provided by Inova Health System, Ltd. ("Inova") and its Licensors.
Please read 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. Inova or its Licensors 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.
Bill Viewing and Payment Services. By accessing the Service, you authorize (1) Inova to allow you to make payment authorizations and (2) Inova to process your payments according to your instructions.
When Inova receives a payment authorization, you authorize Inova to charge your transaction account and remit funds on your behalf. While it is anticipated that Inova will complete most transactions within twenty-four (24) hours, it is understood that due to circumstances beyond the control of Inova, particularly delays in handling and posting payments by financial institutions, some transactions may take a day or even a few days longer. For this reason, it is recommended that all payment authorizations be received by Inova at least three (3) business days before the actual due date, not the late date.
Inova will use its best efforts to process all your payment authorizations promptly and properly. However, Inova shall incur no liability if it is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances including but not limited to:
The Service is enabled only for your payment of Inova billings and statements, and you are not permitted to make payments to any third parties, taxes or court-directed payments through the Service.
Password and Security. Some Services will be accessible through a password chosen by you. You agree not to give or make available your password to any unauthorized individuals. If you believe that your password has been lost or stolen or that someone may attempt to use your password without your consent or has authorized payments without your permission, you must notify Inova Customer Care at 571-423-5802.
You must not restrict or inhibit any other user from using the Service. You may not send any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, threatening, offensive, or otherwise objectionable information of any kind.
You may not use the Service to conduct any illegal activity or solicit the performance of any illegal activity, including without limitation the U.S. export control laws and regulations.
In the Event Your Bank Returns a Transaction. In using the Service, you are requesting Inova to make payments for you from your designated transaction account. If your financial institution, or the holder of the account from which you have designated payment is unable to process a transaction (for example, there are not sufficient funds in your account to cover the transaction), the transaction may not be completed. In any event, you will remain responsible for payment of the statement or billings regardless of the processes implemented, and you may be charged a late fee or servicing fee according to your terms of payment. It is always your responsibility to ensure payments are made and/or completed and Inova expressly disclaims any liability for payments missed for any reason.
Types of Payments and Limitations on Payees. You may use the Service to authorize payment from an account that you designate and which is available for payments to Inova.
Charges. As a customer of the Service, Inova will not charge you for receiving a bill electronically or for payment authorizations that you choose to send electronically.
Copyright. The contents of the documents are copyrighted under the United States copyright laws. The owner of the copyright is Inova and its Licensors. You may download or print portions of material from the Service solely for your own non-commercial use. You may as necessary reproduce portions of this agreement for your personal or business use. Any other copying, redistribution, retransmission to any other entity or publication of any viewable material is strictly prohibited without the express written consent of Inova. You also agree not to change or delete any proprietary notices from materials downloaded from the Service.
EXCLUSION OF WARRANTIES. Inova 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, NON INFRINGEMENT AND TITLE. INOVA HEALTH SYSTEM DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL Inova OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF INOVA HEALTH SYSTEM OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIABILITY IS IMPOSED ON INOVA HEALTH SYSTEM, ITS LICENSORS OR SUPPLIERS, TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
Assignment. You may not assign this Agreement to any other party. Inova may assign this Agreement to any future, directly or indirectly, affiliated company. Inova may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
General. This Agreement is governed and shall be construed in accordance with the laws of the State of Idaho, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between Inova and you concerning the Service and may only be amended in a writing signed by both parties. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.