PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK THE DENVER WATER BILLPAY ELECTRONIC PAYMENT OPTION ("DENVER WATER BILLPAY"). YOU AGREE THAT YOUR USE OF DENVER WATER BILLPAY CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH MAY BE AMENDED FROM TIME TO TIME ("AGREEMENT"). YOU FURTHER AGREE THAT YOUR USE OF DENVER WATER BILLPAY CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS AGREEMENT AND HAVE RETAINED A COPY FOR YOUR RECORDS. To retain an electronic copy of this Agreement simply highlight the text of this Agreement, and copy the text using the copy command. You should then open an application such as Microsoft® Word or Notepad and use the paste command to paste the text of the Agreement into the application. Please ensure that you save the agreement to a file of your choice.

“Denver Water” refers to the City and County of Denver acting by and through its Board of Water Commissioners, its applicable distributors and/or City and County of Denver Wastewater Management Division, Department of Transportation and Infrastructure from which you purchased goods and/or services. "You" and "your" refer to anyone following the Denver Water BillPay link to use the Payment Site. "Funding Account" shall mean any checking, savings, money market or other deposit account from which payments will be debited or charged.

1. Disclosures.
   1. You understand and agree that by clicking "Denver Water BillPay" You will be linking to and accessing an electronic payment facility web site ("Payment Site") which is owned and operated by Speedpay, an ACI Worldwide company, who has sole control of, and exclusive responsibility for the security, data, information exchange and any and all transactions on the Payment Site.
   2. You understand that access to, and use of, the Payment Site is subject to any terms and conditions of use, privacy and/or as otherwise set forth on the Payment Site.
   3. You understand and agree that by clicking "Denver Water BillPay" and using the Payment Site You will be authorizing Speedpay to electronically debit your Funding Account.
   4. Denver Water may, from time to time and without notice to You, revise or update this Agreement, including any fees or charges (if any) related thereto, or cease providing access to the Payment Site at any time. You understand that it is your responsibility to read and review the terms of this Agreement each and every time You click "Denver Water BillPay" to authorize a transaction.
2. Responsibility for Payment & Fees.
   1. You understand and agree that the link to Denver Water BillPay is provided for your convenience. You understand and agree that you remain fully and directly liable to Denver Water for any amounts and/or fees (including late fees) owed or due Denver Water, and further understand and agree that You are solely responsible for ensuring that the payment of any such amounts and/or fees are received by Denver Water. Denver Water WILL NOT BE LIABLE IF ANY THIRD PARTY THROUGH WHOM ANY BILL PAYMENT IS MADE, INCLUDING, BUT NOT LIMITED TO, THE PAYMENT SITE OR YOUR FINANCIAL INSTITUTION, FAILS TO PROPERLY OR TIMELY TRANSMIT YOUR PAYMENT.
   2. You understand that, in addition to any terms and conditions imposed upon You through this Agreement and by the Payment Site, your use of Denver Water BillPay may also be affected by other agreements between You and your financial institution. You understand that your use of Denver Water BillPay does not change any banking account agreements You already have for any Funding Account used to pay fees owed to Denver Water. Denver Water does not currently charge a fee for your use of Denver Water BillPay, however, you should review your Funding Account agreements for any applicable fees and other restrictions which might be impacted by your use of the Denver Water BillPay, as those fees will continue to apply. You are aware that there may be fee limitations imposed by your financial institution. You are responsible for being aware of and complying with those limitations.
   3. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
   4. You understand that, Denver Water shall not be liable if the Payment Site causes an incorrect amount of funds to be removed from your Funding Account or causes funds from your Funding Account to be directed to a Payee which does not comply with your instructions.
   5. You agree that Denver Water reserves the right to obtain financial information regarding your Funding Account from the Payment Site (for example, to resolve payment-posting problems or for verification) and hereby authorize Denver Water to electronically debit any Funding Account identified to the Payment Site for the amount due Denver Water pursuant to a transaction initiated through Denver Water BillPay plus any fees assessed by your financial institution and incurred by Denver Water and/or the Payment Site as a result of insufficient funds in your Funding Account, up to the maximum amount permitted by law.
3. Exclusion of Warranties.
   Denver Water MAKES NO REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND REGARDING DENVER WATER BILLPAY, THE STRIATA READER, AND/OR THE PAYMENT SITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. Limitation of Liability.
   You agree and acknowledge that Denver Water is not and shall not be liable or responsible for any system failure, your misdirection of payment, or system error that occurs as a result of your use of the Payment Site. IN NO EVENT WILL Denver Water BE LIABLE TO YOU FOR LOSS OF OR DAMAGE TO RECORDS OR DATA; INACCURATE DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ANY MATTER BEYOND ITS REASONABLE CONTROL; OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF DENVER WATER BILLPAY, THE STRIATA READER, THE PAYMENT SITE OR ANY EQUIPMENT OR SOFTWARE REQUIRED TO USE DENVER WATER BILLPAY OR THE PAYMENT SITE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF Denver Water HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Assignment.
   Denver Water may assign or delegate its rights under this Agreement to any third party. You may not assign this Agreement without Denver Water 's prior written consent. Any derogation of the foregoing shall be deemed null and void.
6. No Waiver.
   Denver Water shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Denver Water. No delay or omission on the part of Denver Water in exercising any rights or remedies shall 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.
7. Captions.
   The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
8. Governing Law.
   This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws provisions. The United Nation's Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The parties agree that the state and federal courts sitting in the county of Westchester, New York, shall have sole and exclusive jurisdiction and venue over any matter arising out of this Agreement and each party hereby submits itself and its property to the venue and jurisdiction of such courts. Each party hereby waives any objection that it may now or hereafter have to the laying of venue of any such proceeding in such court, including any claim that such proceeding has been brought in an inconvenient forum.
9. Entire Agreement.
   You agree that this Agreement is the complete and exclusive statement of the agreement between you and Denver Water which supersedes any proposal or prior agreement, oral or written, and any other communications between You and Denver Water relating to the subject matter of this Agreement.