Your access and use of the HBPW customer portal is subject to your compliance with the following terms of use (the “Agreement”) and all applicable laws. If you do not want to agree to these terms and conditions, you must not access or use the HBPW customer portal. By accessing and downloading the HBPW customer portal, you accept, without limitation or qualification, that these terms and conditions may be revised at any time. Your continued use of the HBPW customer portal following the posting of any such revisions means that you accept and agree to the revisions. Your use of the HBPW customer portal is at your own risk.
In accessing and using the HBPW customer portal, users may provide personal information to Holland Board of Public Works, also known and referred to herein as HBPW (including names, addresses, email addresses and phone numbers). Any and all personal information transmitted by the Application is subject to our Privacy Policy, which can be found by clicking on the "Privacy Policy" link.
By using the HBPW customer portal, you consent to all actions taken by HBPW with respect to your information in compliance with the Privacy Policy.
The HBPW customer portal and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by HBPW, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Any links to third party websites contained in the HBPW customer portal are intended for informational purposes only. HBPW has no control over such third-party websites, makes no representations about such websites, does not endorse such websites and assumes no responsibility for any content or materials on or available from such websites.
HBPW expressly disclaims all warranties of any kind, whether express or implied, in connection with the content and services provided on or through the HBPW customer portal, including but not limited to warranties of merchantability, non-infringement and fitness for any particular purpose. The information posted on the HBPW customer portal and in emails generated from the HBPW customer portal is given as of the date hereof. While HBPW strives to keep the information on the HBPW customer portal accurate, complete, and up to date, HBPW makes no warranty as to the accuracy of this information or otherwise, and assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur. HBPW makes no warranty that the quality of the information or materials obtained by you through the HBPW customer portal will meet your expectations. Any information obtained through the use of the HBPW customer portal is done at your own risk, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material.
HBPW, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns shall not be liable for any direct, indirect, special, incidental, reliance, consequential, or exemplary damages, including, but not limited to: loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as in contract, negligence or tort action, arising out of or in connection with this Agreement, your use of, or inability to use, the HBPW customer portal, or any websites linked to it, or any services or items obtained through the HBPW customer portal or such other websites.
You agree to defend, indemnify and hold harmless HBPW, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the HBPW customer portal.
You agree that all disputes between you and the HBPW (whether or not such dispute involves a third party) with regard to your relationship with the HBPW under this agreement, including without limitation disputes related to this user agreement, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding individual arbitration under the American Arbitration Association’s Rules for Arbitration of consumer related disputes that you and the HBPW hereby expressly waive trial by jury, discovery, and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and the HBPW would have in court may not be available in arbitration. As an alternative, you may bring your claim in “small claims” court for Ottawa County, if permitted by that small claim court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor the HBPW will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
This Agreement may be revised at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Application. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The HBPW does not and will not assume any obligation to notify you of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement you transmit through the HBPW customer portal, including but not limited to any consent you give to receive communications from the HBPW or its agents solely through electronic transmission. You agree that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
This Agreement and the Privacy Policy constitute the entire agreement between you and Holland Board of Public Works with respect to your use of the HBPW customer portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the HBPW with respect to the HBPW customer portal. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Holland Board of Public Works to exercise or enforce any right or provision of the terms and conditions of this Agreement shall not constitute a waiver of such right or provision. The HBPW does not waive any right at law, equity, or statute relating to non-payment for its utility services. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the parties agree all other provisions of this Agreement shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HBPW customer portal or this Agreement must be filed within one (1) year after such claim or cause of action arose, otherwise, such claim or cause of action is permanently barred.
Any questions regarding this Agreement should be directed to: customerservice@hollandbpw.com; 616-355-1500