TERMS OF USE

These Terms of Use apply to the Belmont Village, L.P. payment portal website, accessible at https://www.payerexpress.com/ebp/belmont/. ("Payment Services," "we," "our," or "us"). These Terms of Use govern any access or use of the Payment Services by you ("you," "your," or "User"). By accessing, registering with, or otherwise using the Payment Services, you agree to be legally bound by these Terms of Use—and further acknowledge consent to our collection and use of information as set forth in the Privacy Policy for the Payment Services.

Please read these Terms of Use carefully before you start to use the Payment Services. By using the Payment Services, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, do not access or use the Payment Services. Please check back periodically as these Terms of Use may change from time to time.

License to Use the Payment Services

We grant you a personal, limited, nonexclusive license to access and use the Payment Services and its contents (individually and collectively, the "Payment Services Content") solely for your personal, individual, and non-commercial use. You may not access or use the Payment Services except for these express purposes and as expressly allowed by these Terms of Use.

Restrictions on Your Use of the Payment Services

Subject to the rest of these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, or otherwise exploit the Payment Services Content. You also may not access or use the Payment Services through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the Payment Services for the purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the Payment Services for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Payment Services' operations or interference with access to the Payment Services through viruses, Trojan horses, worms, cancelbots, or other such applications.

Disclaimer

NOTICE TO ALL USERS – Belmont shares the Personal Information you provide through the Payment Services with a third party service provider, but Belmont does not store any information provided on the Payment Services nor does it process the payments that Users authorize or otherwise facilitate the payment services. The third party service provider facilitates the payment transactions through the Payment Services. We make no representations or warranties regarding the third party service provider’s services. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FROM ANY DAMAGES THAT MAY RESULT FROM THE ACCESS OR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.

Registering a Profile

In order to use the Payment Services, Users must register an account ("Profile"). When you create a Profile with the Payment Services, you are enrolling in that service. By registering an account, you represent and warrant that (a) all registration information you submit is accurate and complete; (b) you will maintain the accuracy of your registration information and; and (c) you are at least 13 years old. You must keep your password confidential and not share it with others. You are responsible for all use of your password and account.  

Notice

If you believe there has been an unauthorized payment through the Payment Services, you must contact Belmont at 1-877-877-9003, and a Belmont administrator will assist. If an authorized payment cannot be processed through the Payment Services, you will be notified.

YOU ARE RESPONSIBLE FOR TIMELY PAYMENT ON YOUR ACCOUNT, REGARDLESS OF YOUR METHOD OF PAYMENT. IT IS SOLELY YOUR RESPONSIBILITY TO MONITOR YOUR ACCOUNT AND YOUR PAYMENT ACCOUNT(S) IN ORDER TO ENSURE TIMELY PAYMENT IS MADE.

You agree to participate in the security features of the site and to protect your Personal Information from unauthorized individuals. YOU AGREE THAT THE USE OF SECURITY FEATURES SUCH AS A USER ID AND PASSWORD OR OTHER SECURITY CODE CONSTITUTE COMMERCIALLY REASONABLE SECURITY PROCEDURES FOR ACCESS TO THE PAYMENT SERVICES, INCLUDING, WITHOUT LIMITATION, INITIATING OR AUTHORIZING PAYMENTS, AND ARE INTENDED TO VERIFY THE AUTHENTICITY OF THE TRANSACTION AND NOT FOR THE PURPOSE OF DETECTING ERRORS.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE PAYMENT SERVICES, OR PAYMENT SERVICES CONTENT.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THE PAYMENT SERVICES (INCLUDING WITHOUT LIMITATION ANY AND ALL PAYMENT SERVICES CONTENT) "AS IS," WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE PAYMENT SERVICES AND ANY PAYMENT SERVICES CONTENT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE PAYMENT SERVICES (OR ANY PAYMENT SERVICES CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN IT IS NOT APPLICABLE AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Changes to Terms of Use

If we change these Terms of Use at some point in the future, we will post the new Terms of Use on the Payment Services. By continuing to access, browse, or otherwise use the Payment Services, you agree to be legally bound by any such new Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be interpreted under and governed by the laws of the State of Texas, without reference to its choice-of-law provisions. All claims arising or relating in any way to these Terms of Use must be brought solely in Harris County, Texas; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of Texas.

Other Legal Terms

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement. There are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend, or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is effective unless in writing, nor is any waiver a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Effective: February 28, 2019