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TERMS OF USEThese Terms of Use govern your use of the e-Pay service ("Service") offered by L&M Renner, Inc. ("Renner Petroleum"). The Service enables you to view and pay your RENNER PETROLEUM bills within the Electronic Online Service ("EOS") Web site, in accordance with these Terms of Use.RENNER PETROLEUM may amend these Terms of Use from time to time. Except as otherwise required by law, all amendments to these Terms of Use will become effective at the time they are posted on this Web site. You agree RENNER PETROLEUM will not be liable to you or any third party for any change in these Terms of Use or any change or discontinuation of the Service. If you object to these Terms of Use or any changes, you agree that your only remedy will be to, and you agree that you immediately will, end your use of the Service. To use e-Pay to pay bills, you must accept these Terms of Use by clicking "I Accept" on the Renner Petroleum e-Pay registration page. 1. OVERVIEW RENNER PETROLEUM provides you with the ability to pay bills with e-Pay within EOS. To pay bills online, you must enroll in e-Pay for access to these services You may decline to enroll in e-Pay or cancel your e-Pay enrollment at anytime. By declining or canceling your e-Pay enrollment, you will stop your ability to pay bills with EOS. Through the Pay Bills feature, RENNER PETROLEUM, in conjunction with Authorize.net, will allow eligible customers to pay their RENNER PETROLEUM bills at this Web site. Authorize.net will process payment requests and debit funds from your designated checking account ("Payment Account") and pay RENNER PETROLEUM the amount you request. You may pay each RENNER PETROLEUM bill individually or arrange for automatic payments for future bills. Authorize.net and RENNER PETROLEUM will not charge you a fee for using the Service. RENNER PETROLEUM grants you a revocable, transferable nonexclusive license to use the Service solely for purposes of paying your RENNER PETROLEUM bills online according to these Terms of Use. You may view and download material displayed on the RENNER PETROLEUM Web site, provided you retain all copyright, trademark and all other proprietary notices displayed on the materials. 2. ACCESS a. Enrollment Process. You must be enrolled in EOS and have a user name and password to use this Service. You will be responsible for maintaining the security of your user name and password, and you must agree not to give or make available your user name or password to any unauthorized individuals. If you provide others with your user name and password, you will be responsible for any payments they make on your behalf. To enroll in e-Pay, complete the following steps on the Getting Started with e-Pay page: (1) verify your payment information (2) confirm that information and (3) accept these Terms of Use. b. Validation. You must provide all required financial information in the Payment Account field on the Make a Payment Page in EOS. You may not use the Pay Bills feature if Authorize.net cannot validate your bank routing/ABA transit number and bank account number for your designated Payment Account. c. Denial of Use of the ePay Feature. If you develop credit conditions (e.g., excessive Return to Maker payments) and RENNER PETROLEUM designates you as a credit risk, you cannot make payments online, set up automatic payments or change scheduled payments. 3. ELECTRONIC DELIVERY OF NOTICES a. Hardware/Software Requirements for Access. In order to access this Web site and the Service, you must have a computer capable of accessing and displaying pages on the World Wide Web, an Internet connection, and an Internet browser application released within the last two years, such as Internet Explorer 5.5+, Mozilla 5+, Netscape 6+, Firefox 1+, Safari 1+ and Opera 6+ versions. b. Agreement to Electronic Delivery. By accepting these Terms of Use, you authorize RENNER PETROLEUM to electronically deliver to you any and all notices relating to the Service, including those required by law, by using the e-mail address you provided to RENNER PETROLEUM on this Web site. You agree to provide RENNER PETROLEUM with your current e-mail address and to immediately inform RENNER PETROLEUM of any address changes so RENNER PETROLEUM can contact you for service-related issues. RENNER PETROLEUM is not responsible for undelivered e-mails when the cause is beyond RENNER PETROLEUM's control, such as when your e-mail box is full, email address has changed without notification, your email program is not accepting our email, etc. All credit-related notices such as 24-hour or 48-hour notices will still be sent to you by U.S. Mail at the mailing address on record. As a convenience, RENNER PETROLEUM will send you one more paper bill following your enrollment. 4. PAYING BILLS a. Authorization. By submitting payment instructions on this Web site ("Payment Instructions"), you authorize RENNER PETROLEUM to debit your Payment Account and apply the funds to your RENNER PETROLEUM bills in accordance with the Payment Instructions and these Terms of Use. b. Scheduled Payment Date. On this Web site, you can designate dates for RENNER PETROLEUM to begin processing payments from your Payment Account for transfer to RENNER PETROLEUM (the "Scheduled Payment Date"). However, these dates must be on days when payment networks used by RENNER PETROLEUM are open for business ("Business Days"). Business Days are Monday through Friday, excluding bank holidays and holidays when RENNER PETROLEUM is not open for business. PLEASE NOTE THE SCHEDULED PAYMENT DATE IS THE DATE RENNER PETROLEUM BEGINS PROCESSING YOUR PAYMENT, AND NOT THE DATE WHEN YOUR PAYMENT IS POSTED TO YOUR RENNER PETROLEUM ACCOUNT. PLEASE ALLOW A MINIMUM OF THREE BUSINESS DAYS FROM THE SCHEDULED PAYMENT DATE TO HAVE YOUR PAYMENT POSTED TO YOUR RENNER PETROLEUM ACCOUNT. Payment Instructions must be submitted to RENNER PETROLEUM before 4 a.m. Pacific Standard Time ("Cutoff Time") on the Business Day you want RENNER PETROLEUM to begin processing your payment. If you do not make the cutoff time or submit Payment Instructions on a non-business day, your payment will not begin to be processed until the next Business Day. Example: Tuesday 6/1 after 4 a.m. – Payment order placed. Earliest possible Scheduled Payment Date of 6/2. Wednesday 6/2 – Scheduled Payment status will change to "paid" after 4 a.m. Thursday 6/3 – Funds will be withdrawn from your Payment Account and your RENNER PETROLEUM account will be credited with the payment. Both the withdrawal and payment to RENNER PETROLEUM should be completed that evening. c. Payment Account Debits. Authorize.net will attempt to debit your Payment Account on the day following your designated payment date. If this attempt fails, Authorize.net will attempt another debit in approximately one Business Day later. If this debit attempt fails, Authorize.net will designate your payment as a returned item that will be subject to additional processing fees by RENNER PETROLEUM. d. Account with Multiple Users. While multiple users can view the same bill, only one user can pay bills with e-Pay. 5. BILLS Bills are received by customers via either email or paper mail every month. Each month following your sign up month, your amount due will be displayed in the amount due section of EOS approximately one day following your regularly scheduled bill date. Customer can designate bill mail type during regular business hours by contacting Renner Petroleum at (707) 443-1645. Ebill may be set up online at any time by visiting www.rennerpetroleum.com. 6. INITIAL DISCLOSURES AND CONSUMER LIABILITY a. Unauthorized Use. If you discover there has been an unauthorized use of your Customer Service Online password, please notify RENNER PETROLEUM immediately at 1 (707)443-1645. b. Unauthorized Transfers on Statements. If your Payment Account statement shows transfers occurring on this Web site that you did not make, please notify RENNER PETROLEUM immediately at 1 (707) 443-1645. c. RENNER PETROLEUM Business Days. For purposes of these Terms of Use, RENNER PETROLEUM "Business Days" are Monday through Friday, excluding bank holidays and those holidays on which RENNER PETROLEUM is not open for business. d. Types of Transfers; Preauthorized Transfers. The Service will allow you to pay RENNER PETROLEUM bills on this Web site directly from your Payment Account. Because your amount due varies from month to month, recurring payments can not be set up. e. Dollar/Frequency Limits. You may not give Payment Instructions to transfer funds in excess of the amount of available funds in your Payment Account. In addition, RENNER PETROLEUM's access to your Payment Account may be limited by your agreement(s) with the bank or other financial institution holding your Payment Account and by applicable law or regulations. By designating the Payment Account as the account from which RENNER PETROLEUM may deduct funds, you hereby represent that such account is an eligible demand deposit or other asset account for electronic fund transfers, and that you have the necessary power and authority to authorize all payments you request there from. Subject to the foregoing, the Service places no limits on the dollar amounts or the frequency of electronic payments you may make using the Service. f. Fees. At the present time, RENNER PETROLEUM does not charge fees for use of the Service. You are responsible for any and all telephone and/or Internet access service fees that may be assessed by your telephone and/or Internet access service provider when accessing the Service. You are also responsible for any fees assessed by the bank or other institution holding your Payment Account. Your financial institution may refuse to honor your online payment request due to insufficient funds. If this occurs, RENNER PETROLEUM will include a $35.00 processing fee on your next bill. g. Responsibility for Service Charges. If you properly follow the procedures described herein, and the Service fails to send a payment according to the Payment Instructions received from you, RENNER PETROLEUM will bear responsibility, if any, for applicable services charges, up to a maximum of $50 per transaction unless: (1) Through no fault of RENNER PETROLEUM you do not have enough money in your Payment Account to make the transfer; (2) The debit would go over the credit limit on your overdraft line; (3) Funds in your Payment Account are subject to legal process or other encumbrance restricting such debit; (4) Your payment account institution (bank/credit card company) charges fees for electronic payment transactions; (5) Circumstances beyond RENNER PETROLEUM's control (such as fire, flood or electronic failure) prevent the transfer. If you have received a lock-out notice on your RENNER PETROLEUM bill, RENNER PETROLEUM will not guarantee an electronic bill payment made or in process will stop termination of your cardlock or delivery service. In these instances, please make an immediate cash payment at a local RENNER PETROLEUM office or contact Renner Petroleum's credit department in advance of making an electronic payment. h. Confidentiality. RENNER PETROLEUM will disclose information to third parties about your Payment Account or the transfers you make: (1) Where it is necessary or convenient for completing transfers. (2) To verify the existence and condition of your Payment Account. (3) To comply with government agency or court orders. (4) If you give RENNER PETROLEUM your written permission (including by e-mail or on this Web site). i. Documentation. For tracking purposes, RENNER PETROLEUM will provide a payment transaction number at the time you make any transfer from your Payment Account using the Service. RENNER PETROLEUM will not send you a periodic online statement listing transactions that you make using the Service or this Web site. You can call the Renner Petroleum offices at (707) 443-1645 to determine the status of your payments made online through this Service. These electronic payments will appear on the statement issued by the bank or other financial institution holding your Payment Account. j. Right to Cancel Payments. Future authorized payments can be canceled anytime prior to the payment reaching the "In Process" status, which occurs at 4:00 a.m. Pacific Standard Time of the Scheduled Payment Date. 7. QUESTIONS OR ERRORS You may ask RENNER PETROLEUM questions by using the Contact links within the Renner Petroleum website or, calling 1 (707) 443-1645, or writing to Renner Petroleum at P.O. Box 4868, Eureka, California 95502-4868. Provide the following information: (1) Your name, RENNER PETROLEUM account number and Payment Account number (if any). (2) Description of the error or transfer you are unsure about along with the transaction number, and explain clearly why you believe it is an error or why more information is needed. (3) Dollar amount of the suspected error. 8. INFORMATION YOU SUBMIT When signing up for the Service, and in all other communications with RENNER PETROLEUM, you agree to provide accurate and complete information. You also agree to update information you provided online as necessary to keep it current, accurate and complete at least 10 business days in advance of any such change. After making changes for your online information, please call 1 (707) 443-1645 to update your RENNER PETROLEUM account information. 9. TERMINATION OR DISCONTINUATION OF SERVICE. You can discontinue the Service at anytime. In the event you wish to terminate your use of the Service, you can do so by calling Renner Petroleum at (707) 443-1645 at least five business days prior to the date you want the Service terminated. "In Process" payments will still be debited from your Payment Account. You may also request termination by writing to RENNER PETROLEUM at P.O. Box 4868, Eureka, California 95502-4868, at least 10 business days prior to the date you want the Service terminated. Termination shall not affect your liability or obligations under these Terms of Use. Upon any termination of your access to the Service or this Web site, you agree to immediately delete or destroy any downloaded or printed material obtained from the Service or this Web site. Upon any termination, you also agree RENNER PETROLEUM may, but are not required to, immediately delete and discard all of your information collected through the Service and bar any further access by you to such information. Nothing in this paragraph will relieve you of obligations incurred and accrued prior to the effective date of any termination. 10. ACCEPTABLE USE POLICY You agree to abide by all applicable local, state, national and international laws and regulations in connection with your use of the Service and this Web site. Without limitation of the foregoing, you will not: a. Engage in conduct, during use of the Service or this Web site, that is illegal, unlawful, defamatory, libelous, threatening, harassing, abusive, fraudulent, or which violates any third party's rights of publicity or privacy. b. Upload, post, publish, transmit, reproduce, distribute, export, or import through the Service or this Web site material or information that (i) infringes any third party's copyright, patent, trademark, service mark, trade dress, trade secret or other intellectual or proprietary rights, (ii) violates any contractual, fiduciary, or judicially-imposed obligations, or (iii) constitutes or encourages conduct that would (A) be a criminal offense, (B) give rise to civil liability, or (C) otherwise violate any law, regulation, or government order (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or advertising). c. Interfere with, disproportionately burden, disrupt or violate the regulations, policies or procedures of the Service, this Web site, or servers, computer systems or networks connected to the Service or this Web site, or interfere with RENNER PETROLEUM's or any of its other customers' use and enjoyment of the Service or this Web site, including but not limited to (i) uploading, posting, publishing, transmitting, or distributing through the Service or this Web site any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs, or any other harmful or deleterious programs or routines; (ii) attempting to gain unauthorized access to the Service or this Web site; or (iii) using any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise "mine" information displayed on the Service or this Web site for display on or use with any Internet site or electronic service. d. Upload, post, publish, transmit, or distribute through the Service or this Web site any materials containing or constituting advertising, solicitations, bulk e-mails or spam, chain letters, pyramid schemes, investment opportunities or offers for the sale of services or goods. e. Upload, post, publish, transmit, reproduce or distribute through the Service or this Web site any material or information that is violent, profane, hateful, vulgar, obscene, pornographic, sexual, harmful to minors, adult in nature, or otherwise objectionable. f. Use the Service or this Web site to gain unauthorized entry or access to other computer systems or networks, another user's account, or information about another user. g. Refuse to follow RENNER PETROLEUM's instructions or directions regarding use of the Service or this Web site. h. Mirror the Service or this Web site or any portion of either on another server, or otherwise retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the Service or this Web site or any portion of either. i. Provide false, inaccurate, or misleading information to the Service or this Web site, or impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to RENNER PETROLEUM or via the Service or this Web site. j. Create liability RENNER PETROLEUM or cause RENNER PETROLEUM to lose (in whole or in part) the services of RENNER PETROLEUM's Internet service providers (ISP) or other suppliers. Please note that use of the Service will use (or cause to be used) equipment located in California, and that violations of this Section 9 may therefore subject you to civil or criminal liability, including without limitation under California Business & Professions Code Section 17538.45. 11. INTELLECTUAL PROPERTY The copyright of all content provided on this Web site is held by RENNER PETROLEUM or by the original creator of the content. "RENNER PETROLEUM" and all other trademarks, services marks, logos, and similar items are the registered and unregistered trademarks of RENNER PETROLEUM and others. Except as provided in these Terms of Use, such content and marks may not be reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the express prior written permission of RENNER PETROLEUM or other owners, as the case may be. You may download materials displayed on this Web site for your own personal or internal business use, so long as you retain all copyright, trademark and other proprietary notices displayed on such materials. 12. LIMITATION OF RENNER PETROLEUM'S LIABILITY a. To the maximum extent allowed under applicable law, Section 6.g above specifies RENNER PETROLEUM's entire liability and your only remedy in connection with the Service. Subject to the foregoing, RENNER PETROLEUM is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or related to the Service. b. To the maximum extent allowed under applicable law, the Service is provided on an "AS IS," "AS AVAILABLE" and "WITH ALL FAULTS" basis, and RENNER PETROLEUM does not and cannot warrant the Service or any portion thereof will meet your requirements, will be timely, complete, accurate, secure, uninterrupted, or error-free, or that defects will be corrected. c. To the maximum extent allowed under applicable law, RENNER PETROLEUM expressly disclaims any and all warranties of any kind regarding the Service and any portion thereof, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, reliability, systems integration, quiet enjoyment, non-interference, and non-infringement, and any other implied warranties otherwise arising from the course of dealing or usage of trade. 13. THIRD PARTY MATERIAL The Service and this Web site contain and provide access to various data, materials, and services supplied by third parties. The submitting third parties, and not RENNER PETROLEUM, are solely responsible for any advertisements, opinions, advice, offers, statements, data, information, content, services, tools, utilities, software, functions, or other materials that such third parties offer or express ("Third Party Material"). RENNER PETROLEUM does not always independently review or verify, and cannot and does not guarantee, the accuracy, completeness, availability, quality, or usefulness of any Third Party Material. Accordingly, under no circumstances shall RENNER PETROLEUM be liable in any way for Third Party Material, or for any loss or damage of any kind relating to Third Party Material. 14. GENERAL a. Venue; Governing Law; Disputes. Use of the Service and this Web site will be deemed to take place solely in California. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. You and RENNER PETROLEUM agree to make good faith attempts to resolve any and all disputes relating to your use of the Service (including those involving third parties) without filing a lawsuit or other legal proceeding. In the event any such attempts fail to resolve the dispute, you and RENNER PETROLEUM agree to submit the dispute exclusively to the state and federal courts located in Eureka, California, and agree to waive all objections to such courts hearing such disputes. In connection with any such dispute, you and RENNER PETROLEUM agree that the prevailing party, as determined by the court, will be entitled to its reasonable attorneys' fees and costs, in addition to all other available recovery and relief. b. Entire Agreement. These Terms of Use state the entire agreement between you and RENNER PETROLEUM regarding the Service, and supersede all other proposals or prior agreements, oral or written, and any other communications between you and RENNER PETROLEUM. Specifically, any descriptions of the Service on the general www.rennerpetroleum.com site and the terms of use on the general www.rennerpetroleum.com site, as amended from time to time, do not govern the provision of the Service and are superseded by these Terms of Use. In the event of a dispute regarding the Service, you and RENNER PETROLEUM agree to resolve the dispute by looking to these Terms of Use. c. Assignment. You may not assign your rights and responsibilities under these Terms of Use to any other party. RENNER PETROLEUM may assign its rights and responsibilities hereunder to any of RENNER PETROLEUM's affiliates, independent contractors or third parties. d. No Waiver. RENNER PETROLEUM shall not be deemed to have waived any of its rights or remedies hereunder unless a duly authorized representative of RENNER PETROLEUM puts such waiver in writing and delivers it to you. No delay or omission on RENNER PETROLEUM's part in exercising any rights or remedies hereunder will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. e. Terms Severable. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by applicable law, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. |