Mansfield Municipal Electric Department
last updated January 16, 2004

PLEASE READ THESE TERMS
AND CONDITIONS OF PAYMENT VERY CAREFULLY.
The Terms and Conditions of Payment are limited to those contained herein. Any additional or different terms in any forms delivered by Customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By transacting payments through MMED’s web site, Customer agrees to be bound by and accepts these Terms and Conditions of Payment unless Customer and MMED have signed a separate agreement, in which case the separate agreement will govern. .

Important Information About These Terms and Conditions of Payment. These terms and conditions of payment are subject to change without prior notice, except that the terms and conditions of payment posted on the Site at the time Customer initially places or modifies a payment will govern the payment in question.

Additional or different terms and conditions contained in any such payment will be null and void. Customer agrees that the terms and conditions of payment contained herein and in MMED's payment or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of payment related thereto.

Availability and Customer Use of the Web Site
MMED grants availability of use for payments for personal use only when registered as an MMED service customer.

Limitation of Liability
In no event will MMED be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line system failure, even if MMED is advised of possibility of such damages, losses or expenses.

MMED will not be liable for payments not being available for use or for lost or corrupted data or software or the provision of services by third parties. You access and make payments to this Web site at your own risk.

MMED will not be responsible for any delays in postings or payments which result from any circumstances beyond its control, including without limitation, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Governing Law
These Terms and Conditions of Payment and any services hereunder will be governed by the laws of the State of Massachusetts, without regard to conflicts of laws rules. Any arbitration, enforcement of an arbitration or litigation will be brought to Massachusetts, and Customer consents to the jurisdiction of the Federal and State courts located in Massachusetts and submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceedings.

Binding Arbitration.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) against MMED, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "MMED") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), MMED's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between Customer and MMED. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Payments; Payment Terms
Payments are not binding upon MMED until accepted by MMED. Terms of payment are within MMED's sole discretion. Payments are due and payable within the time period specified on account statements. Customer will be responsible for all of MMED's costs of collection, including court costs, filing fees and attorney's fees.

Questions or disputes regarding details of customer account statements are to be addressed with the Customer Service department of MMED. Partial or full payment of an account does not constitute waiver by the customer of right to dispute, as described in prior paragraph.