ACCEPTANCE OF TERMS
The iPortal Service enables you to view and make payments for services or bills electronically. Depending on the payment methods enabled by the business whose bills you are paying (the “Biller”), you may be able to make payments by eCheck, credit card/or debit card through interactive telephone voice response system (IVR), mobile application, or the E-Bill website.
The iPortal Service is provided for legitimate business purposes only. Any actual or attempted unauthorized access, use or modification of this system is prohibited. The use of this iPortal Service may be monitored for security reasons. Anyone accessing the iPortal Service expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity KUBRA may provide evidence of such activity to law enforcement officials.
THE iPORTAL SERVICES, INFORMATION, DATA FEATURES, AND ALL CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. KUBRA, ITS AFFILIATES (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER KUBRA, ITS AFFILIATES, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KUBRA, ITS AFFILIATES, OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUS INTERCEPT, OR EXPROPRIATE ANY SYSTEM DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KUBRA BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. KUBRA’S TOTAL LIABILITY FOR DAMAGES RELATED TO THE iPORTAL SERVICE SHALL BE LIMITED TO THE SPECIFIC DOLLAR AMOUNT OF THE FEES PAID TO KUBRA FOR THE PARTICULAR PAYMENT TRANSACTION WHICH IS THE SUBJECT MATTER OF THE CLAIM FOR DAMAGE.
CHANGES TO iPORTAL SERVICE AND TERMINATION OF SERVICE
GOVERNING LAW AND SEVERABILITY
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and KUBRA must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following locations: Tempe, AZ or New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
This website and the iPortal Service, the content and all related intellectual property are owned by KUBRA or third parties and all right, title, and interest therein shall remain the property of KUBRA and/or such other third parties. The misuse of any of the intellectual property is expressly prohibited.
Acknowledgement: KUBRA and you acknowledge that this Agreement is concluded between KUBRA and you only, and not with Apple, and KUBRA, not Apple, is solely responsible for the Apple App and the content thereof.
Scope of License: The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
Maintenance and Support: KUBRA is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. KUBRA and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
Warranty: KUBRA is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be KUBRA's sole responsibility.
Product Claims: KUBRA and you acknowledge that KUBRA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit KUBRA’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: KUBRA and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party's intellectual property rights, KUBRA, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: KUBRA’s contact information for any end-user questions, complaints, or claims with respect to the Apple App is: firstname.lastname@example.org.
Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Apple App.
Third-Party Beneficiary: KUBRA and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
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