Terms and Conditions
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AUTOZONE COMMERCIAL BILL PAYMENT SERVICE TERMS AND CONDITIONS
These AUTOZONE COMMERCIAL BILL PAYMENT SERVICE TERMS AND CONDITIONS (these "Terms and Conditions") apply to payments you make through the AutoZone Commercial Bill Payment Service (the "Service"). The Service is subject to these Terms and Conditions and any additional terms and conditions and policies referenced herein. In these Terms and Conditions, the terms "AutoZone," "we," "us," and "our" refer to AutoZone, Inc., and the terms "you" or "your" refer to you, the user of the Service.
AUTHENTICATION AND AUTHORIZATION FOR SERVICE USAGE
The Service incorporates commercially reasonable methods to authenticate the information that you have supplied for making a payment through the Service. You will not be able to submit a payment until the Service authenticates you, and you will not be allowed to use the Service to pay your AutoZone account balance or statement until you have read these Terms and Conditions and have acknowledged you accept them.
By accepting these Terms and Conditions, you authorize the Service to initiate a charge to the account that you have stored in your digital account management wallet ("Digital Wallet"). Each time you use Service to pay your AutoZone account, you will be re-authorizing us to charge the account you select from your Digital Wallet. All payments must be made in U.S. currency.
By accepting these Terms and Conditions, you represent and warrant that:
- (a) You are 18 years old or older;
- (b) You are using your actual identity and any information you provide is accurate and complete;
- (c) You are legally authorized to make payments using the account(s) you have stored in your Digital Wallet; and
- (d) Your use of the Service will not violate any local, state, or national laws or regulations.
AUTHORIZATION AGREEMENT FOR STORAGE OF BANK ACCOUNT INFORMATION
By accepting these Terms and Conditions, you authorize the storage of banking information you enter in your Digital Wallet. You represent and warrant that you are legally authorized to use the bank account(s) that you enter.
AUTHORIZATION AGREEMENT FOR STORAGE OF CREDIT CARD, and DEBIT CARD INFORMATION
By accepting these Terms and Conditions, you authorize the storage of credit card or debit card information you enter in your Digital Wallet. You represent and warrant that you are legally authorized to use the credit or debit card account(s) that you enter. AutoZone reserves the right to accept only certain credit or debit card providers and may modify the list of such providers (including no longer accepting any credit or debit card payments of any kind from any card providers) at any time without notice to you. If you provide AutoZone with your credit or debit card information, you authorize AutoZone to automatically charge your credit or debit card for all such charges on the applicable billing date. No chargebacks are available or permitted. If AutoZone is unable to charge your provided credit or debit card for any reason, AutoZone retains the right to assess additional charges up to the maximum amount or rate allowed by law, including late payment fees and interest charges, on all amounts due until paid in full.
PAYMENT AUTHORIZATION; RESPONSIBILITY
By providing AutoZone with the account information for your Digital Wallet, you authorize AutoZone or its designee to follow the payment instructions we receive from you through the Service. When you use the Service to send AutoZone a payment instruction, you authorize AutoZone to initiate a message to your bank or credit card provider to charge the account you indicated from your Digital Wallet and to send those funds to AutoZone for payment. You are responsible for adding, updating, maintaining, deleting, and verifying the accuracy of any payment information that you ask AutoZone to retain for you. You agree AutoZone will not be responsible for any transactions rejected due to erroneous or outdated payment information. You also agree that AutoZone will not be liable for any use, misuse, lost, stolen or incorrect account or payment information. Additional fees may be assessed to you when using the Service, and you agree to pay all such fees. The Service is offered solely for your convenience. You remain fully and directly liable to AutoZone for all amounts and fees (including late fees) owed or due to AutoZone, and you are solely responsible for ensuring that all such amounts are received by AutoZone. You authorize AutoZone to debit your account in your Digital Wallet for any fees assessed by your financial institution and/or incurred by AutoZone as a result of insufficient funds, closed accounts, or the payment being rejected due to misrepresentation of account data or other reasons, up to the maximum amount permitted under applicable law. We may charge you an insufficient funds fee, up to the maximum rate allowed by law, if your bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds, or any other reason. We also reserve the right to terminate these Terms and Conditions and/or access to the Service for any account at any time. Our acceptance of late or partial payments (even those marked "PAID IN FULL") and late payment charges will not constitute a waiver of any of our rights to collect the full amount due and owing under your account. You are responsible for any and all Internet access and similar fees that may be related to your use of the Service, and for obtaining any and all equipment necessary for you to access and use the Service.
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH DEBITS)
By accepting these Terms and Conditions, you authorize AutoZone to initiate automated clearing house ("ACH") debit entries for the amount(s) specified, to the checking or savings account(s) you indicate, at the depository financial institution(s) you indicate. You agree that the origination of ACH transactions to your checking or savings account(s) must comply with the laws of the United States of America and in accordance with the National Automated Clearing House Association ("NACHA") Bylaws and Operating Rules. After enrolling in the Service and setting up an account, you acknowledge that it may take up to two (2) weeks before payments will automatically be debited from your bank account, and you are responsible for paying all fees and charges by an alternative method during such time.
AUTHORIZATION AGREEMENT FOR RECURRING PAYMENTS (AUTOMATIC PAYMENT RULES)
If you elect to set up recurring payments, you authorize AutoZone to initiate debit entries (ACH debit for checking or savings, or credit card or debit card information ) using the payment method specified in the digital account management Automatic Payment Rule and to credit the AutoZone account you indicate. The Automatic Payment Rule will remain in effect for the time period you indicate unless you delete the Automatic Payment Rule prior to the "End Date" specified in the Automatic Payment Rule.
AUTOZONE AND ITS AGENTS ARE PROVIDING THE SERVICE TO YOU "AS IS." NEITHER AUTOZONE NOR ITS AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR TIMELY. AUTOZONE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SERVICE. AUTOZONE EXPRESSLY AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND WITH RESPECT TO THE USE OF THE SERVICE. AUTOZONE MAKES NO WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR RESULTS OBTAINED BY YOU THROUGH USE OF THE SERVICE, AND AUTOZONE SHALL HAVE NO LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF SUCH INFORMATION OR RESULTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU
LIMITATION OF LIABILITY
AutoZone is not liable for damages arising out of or in a connection with any act or omission by you or another person or entity, any failure or delay in making the Service available to you for any reason at any time, or content or information accessed while you use the Service, or any cause of action resulting from your use or attempted use of the Service in any manner. Under no circumstances will AutoZone be liable for any incidental, consequential, indirect, punitive, or special damages of any nature whatsoever arising out of or in connection with providing or failing to provide the Service, whether in contract, tort, strict liability, or otherwise, including, without limitation, lost profits or revenue, loss of opportunity, or cost of replacement services. In addition, AutoZone has no liability if: (a) your financial institution or credit card provider shows that your designated account has insufficient funds or credit availability; (b) AutoZone is prohibited by law or court order from withdrawing payment from your account; (c) the account from which payment is to be made is closed, frozen, or otherwise unavailable; (d) any part of the electronic funds transfer system or credit card/debit card processing system is not working properly at any time, including when you are attempting to use the Service to pay your invoice; or (e) there are any delays or failures in performance of the Service, the electronic funds transfer system, credit card/debit card processing systems, or any interruptions arising from any cause or circumstance beyond AutoZone's reasonable control. Accounts credited with a payment that is subsequently returned for any reason by your financial institution or credit card provider, including but not limited to insufficient funds, account closed or invalid account number, are debited for the amount of the original payment and all applicable returned check charges or other, similar charges. Your AutoZone account may also be temporarily suspended immediately upon our receipt of the denial of payment or returned check and remain suspended until payment is received via a cash transaction, e.g., cash, cashier's check, or money order.
You agree to indemnify, defend and hold harmless AutoZone, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, that arise from: (a) any violation of these Terms and Conditions or applicable law by you; (b) any violation of any rights of a third party by you; and (c) any information or content that you submit, post, transmit, or make available to AutoZone, including without limitation, provided to AutoZone through the Service.
You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your AutoZone account, password, user ID, credit card/debit card/account numbers, or bank or financial institution information, including all activities related to the Service. You agree to immediately notify AutoZone if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of your AutoZone account, password, user ID, credit card/debit card/charge card information or numbers, or bank or financial institution information, provided to AutoZone by contacting our customer service. You also agree to periodically change your passwords. You authorize AutoZone to provide information about and to make changes to your AutoZone account, including changes within the Service, upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access the Service on your behalf, such as through the Internet. AutoZone will not be liable for any actions, claims, costs, damages, or expenses arising from a lost or stolen password. You acknowledge this risk as inherent to the nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
You, on behalf of yourself, your heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby release
AutoZone, its subsidiaries and affiliates, and the officers, members, directors, managers, employees, agents, successors and assigns of each, from and against
all claims, demands, actions, damages, losses, costs, expenses (including reasonable attorneys' fees) and any other liabilities of any kind whether now known
or unknown arising out of or in connection with these Terms and Conditions, the Service and/or your use of the Service. You hereby acknowledge and agree that
all rights under Section 1542 of the California Civil Code, which provides:
'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor',
and any similar law, statute or regulation that may exist in any state or territory of the United States or any jurisdiction throughout the world, are hereby expressly waived.
ALTERATIONS AND AMENDMENTS; MISCELLANEOUS
These Terms and Conditions may be modified by AutoZone at any time in its sole discretion, so be sure to read them each time before you make a payment or
otherwise access or use the Service to be certain you still agree with its provisions. Your use of the Service after any changes to these Terms and Conditions
will constitute your agreement to such change(s).
These Terms and Conditions are the complete and exclusive statement of the agreement regarding the Service between you and AutoZone. They supersede any proposal or prior agreement, oral or written, and any other communications between you and AutoZone relating to the Service. If there is a conflict between what an AutoZone employee tells you or any other terms or conditions related to the subject matter hereof and the terms of these Terms and Conditions, these Terms and Conditions will prevail. Neither the course of conduct between you and AutoZone nor trade practices will act to modify any provision of these Terms and Conditions. AutoZone may assign its rights and duties under these terms to any party at any time without notice to you, but you may not assign these Terms and Conditions, in whole or in part, without AutoZone's prior written consent. If any provision of these Terms and Conditions is found to be unenforceable or invalid, these Terms and Conditions's unaffected provisions will remain in effect. If either you or AutoZone fails to enforce or waives any requirement under these Terms and Conditions, that does not waive that party's right to later enforce that requirement in the future.
You should print and retain this document for safekeeping and reference at any time during usage of the Service.
These Terms and Conditions, and your use of the Service, are governed by and subject to the laws of the State of Tennessee, without regard to its conflict-of-laws provisions. Any dispute arising out of or related to these Terms and Conditions and/or the Service shall be brought solely and exclusively in the applicable state or federal courts located in Memphis, Tennessee.