Our Company 
legal disclaimer 

RG&E Terms and Conditions 
Effective March, 2002 
 

1.   Introduction
 
Please read the following Terms and Conditions carefully and print a copy for your reference. When you have completed reading the Terms and Conditions and fully understand the information contained herein, click on the "I Agree" button or the "I Do Not Agree" button at the bottom of the page (scroll down). Only individuals who have agreed to these Terms and Conditions will have access to the Rochester Gas and Electric Electronic Bill Presentment and Payment website and services. By clicking on the "I Agree" button below, you agree to these Terms and Conditions.
 
In these Terms and Conditions, the terms "you" and "your" will refer to each customer of Rochester Gas & Electric Co. ("RG&E") that uses the RG&E online bill presentment and payment services described herein (the "Service"). The terms "we," "us" and "our" will refer to RG&E. The term "JPMorgan" will refer to our service provider, JPMorgan Chase Bank. Please read these Terms and Conditions, and click "I Agree" to indicate that you accept and will be bound by all of the terms.
 
Your acceptance of these Terms and Conditions indicates not only that you agree to the foregoing and following provisions, but also that we can change these terms at any time by giving you advance notice of the change (unless we conclude that, for security purposes, the change must be made effective before you are notified). These changes may include (1) modifications to or elimination of any of the then current Terms and Conditions, and (2) adding new terms and conditions.
 
2.   Description of and Use of the Service
 
The Service allows you to receive and view your RG&E bills electronically over the Internet at the RG&E Electronic Bill Presentment and Payment website (the "Bill Website") and pay such bills on a one-time or recurring basis from a checking account that you designate (your "Bank Account"). As a user of the Service, you are an individual who has an existing account with RG&E and is able to use the Service to view and pay your RG&E bills online by using your password (see "Password and Security" below) to log in. You must be an existing RG&E customer to receive the Service. You agree not to use the Service in any manner that is illegal or that infringes on the rights of others. You may not resell or make any commercial use of our system or the Service without our prior written consent. You acknowledge and agree that we and/or JPMorgan own the rights to the Bill Website and all content displayed thereon.
 
3.   Enrollment; Password and Security
 
To enroll in the Service, you must provide such information as may be requested by us to determine your eligibility, including without limitation, your Bank Account bank and account number. We may refuse to provide the Service to anyone, at any time, in our sole discretion. We may also de-enroll any user at any time in our sole discretion.
 
Access to the Service is controlled through the use of a password you create. This password is stored in encrypted form. Once you have enrolled in the Service, access to your bills and the payment of bills will be possible only through your password. You agree not to give or make your password available to any unauthorized individuals and agree to remain responsible for maintaining the confidentiality of your password. You are responsible for any transactions performed by anyone using your password. If you believe that your password is no longer secure (e.g., in the event of an unauthorized disclosure or use of your password), you must immediately notify RG&E Customer Service at the telephone number set forth in Section 24. We also require you to use a secure Internet browser with at least 128-bit secure socket layer encryption when accessing the Service.
 
We may, at our option, change the password parameters without prior notice to you. If we do so, you will be required to change your password the next time you enter the Bill Website. You agree that you will not give your password or make it available to any other person. You are responsible for any financial transactions performed using your password via the Service to the fullest extent allowed by law.
 
4.   Changes to Information
 
If there is a change in your name, physical address, e-mail address or any other information required in the My Profile pages of the Bill Website, you must promptly update that information on the website. Similarly, changes with regard to your Bank Account(s) must also be updated. Failing to do so will result in our continuing to use the old information. If you cannot furnish us with the updated information electronically, please provide the information in writing, addressed as follows:

Rochester Gas & Electric
Customer Service
89 East Avenue
Rochester, NY 14649
Or
Email Address: customer_service@rge.com
 
Be sure to include your RG&E account number in your correspondence. We will not be responsible for any mail forwarded by us to your old mailing or e-mail address before you have provided us with the updated information, nor will we be responsible for problems that may arise if you change your bank or Bank Account without updating your information.
 
5.   Notice of Electronic Presentment
 
We will initiate e-mail messages to notify you that a bill is available for viewing and payment at the Bill Website. We will not be responsible or liable for late payments or other consequences resulting from the non-delivery of e-mail if such failure is due to communications, network, equipment or other problems beyond our control. Viewing the electronic bill does not automatically pay the bill electronically from your Bank Account. At your option, you may pay a bill electronically by initiating a payment instruction in accordance with these Terms and Conditions. You may also pay your RG&E bill by mail or utilizing such other payment mechanism as is acceptable to us.
 
6.   Bill Payments
 
Definitions.
 
As used in these Terms and Conditions, the following terms have the following meanings:
 
The "Payment Due Date"
 
The Payment Due Date is the due date indicated on your billing statement. This is the latest date by which RG&E must have received your payment for your bill to be paid on time. Timely payment requires that payment be initiated a minimum of two (2) full business days before the Payment Due Date. Bills initiated after 3 PM EST are considered submitted the next business day. This day of payment initiation is also known as the Processing Date.
 
The "Processing Date"
 
This is the date on which your payment will be sent to us and the date on which funds will be drawn or deducted from your Bank Account.
 
"AutoPay Payment"
 
"AutoPay Payment" means automatic recurring payments to us in the amount of your bills or another fixed or maximum amount you designate and on the day you specify.
 
Selecting Dates for Individual Payments
 
In all cases you must submit your instructions so that they are received by us no later than 3:00 p.m. Eastern Time on any Business Day (the "Cutoff Time") in order to have them considered entered on that particular Business Day. YOUR INSTRUCTION SHOULD BE ENTERED BY THE CUTOFF TIME AT LEAST TWO BUSINESS DAYS PRIOR TO THE PAYMENT DUE DATE TO ENSURE THAT THERE IS ENOUGH TIME FOR RG&E TO RECEIVE AND POST THE PAYMENT TO YOUR ACCOUNT.
 
7.   Making AutoPay Payments
 
You may arrange for AutoPay Payments of your RG&E E-Bills by following the instructions on the Bill Website and providing such authorizations as may be required. Your set-up of AutoPay on the Website will constitute your authorization to us to initiate recurring electronic debits to your Bank Account in the amount and at the times you specify.
 
In order to authorize an AutoPay Payment, you must have a printer or other means to obtain a printed copy of your authorization for your records. If you do not have a printer, continue to authorize your bill payments on a payment by payment basis until you have means of printing a copy of your authorization for your records.
 
If you desire to cancel an AutoPay Payment arrangement, you should cancel your payment or transfer online. If for any reason you cannot access the Bill Website, we must receive your request three (3) Business Days or more before the scheduled Processing Date of the AutoPay Payment.
 
8.   Canceling or Stopping Payments
 
You may cancel a scheduled one-time payment or AutoPay Payment that has not yet been paid at any time before the Cutoff Time on the scheduled Processing Date by accessing Payment Information under "My E-Bills", AutoPay Information under "My Profile", or by contacting RG&E Customer Service at the address listed in Section 24. If you direct us to stop or cancel a one-time payment or AutoPay Payment at least 3 Business Days before the Processing Date and we do not stop the payment, we will be liable for your direct losses or damages as provided by law.
 
9.   Bank Account
 
In order to pay any of your bills online, the Bank Account from which you direct us to make payments for you must be separately set up on our system and approved by us under our normal approval procedures. This usually takes no more than 3 Business Days once we have received all the requisite information from you. You will be required to "click" on an authorization authorizing us to initiate electronic debits to the Bank Account.
 
We are responsible for the timely and accurate processing of payments on your behalf following your instructions. You are responsible for the accuracy of your instructions. We will not be liable for payments we make or fail to make as a result of our following erroneous instructions from you.
 
It is your responsibility to have sufficient available funds in your Bank Account on the Processing Date for payments you schedule and you agree to do so. We will not be obligated to make any payment of any item unless and until there are sufficient available funds in your Bank Account (including any overdraft line of credit account or any other credit account supporting your Bank Account) to cover the payment on the Processing Date. Notwithstanding any instructions from you, we are under no obligation to process any payment on your behalf that: 1) exceeds the available funds in your Bank Account, as determined by your financial institution; 2) is not in accordance with the provisions of these Terms and Conditions; 3) we have reason to believe may not be authorized by you; or 4) would violate any law or regulation applicable to the Service or your financial institution. If there are insufficient available funds to cover a payment, no automatic re-presentment of the payment will be attempted.
 
Bill payments will be processed through the automated clearing house system or other electronic funds transfer network.
 
10.   Dishonor of a Payment
 
We have no obligation to extend credit to you. Accordingly, if for any reason, such as insufficient funds, incorrect account information, account closure or suspension or similar circumstances, your financial institution does not honor our withdrawal instructions in connection with a payment, you agree that we can do any, or more than one of, the following, as applicable:
 
We can repeat the payment process one or more times, until your bank funds our transfer request. However, we have no obligation to try debiting the Bank Account more than once.
We can apply your payment despite the dishonor, in which case we can at any time thereafter charge any of your Bank Accounts to reimburse RG&E for the amount of the payment. Our choice of the other account will be in our absolute discretion.
We can deactivate your Service with us so that you may no longer make payments through the Service.
We may use all legal remedies available to us to collect the amount due us in connection with the payment.
 
 
We will not be liable for late or cancelled payments or for any related costs, such as finance charges, late payment fees or similar expenses you may incur as a result of your financial institution's failure to honor our instructions to make payments from your Bank Account, regardless of the reason for your bank's refusal.
 
11.   Your Obligation
 
You remain responsible for monitoring your use of the Service with us, and your Bank Account. You agree to review and verify payments made through the Service as often as may be necessary or appropriate to ensure that all such payments are made in accordance with your instructions. You must review those payments as they are reflected on the Bill Website and on the statements of your Bank Accounts, and tell us immediately if you believe that we have made an error.
 
12.   Account and Transaction Information
 
You will be able to view your payment history electronically ("Payment History") at the Bill Website by following the instructions at the site. Refer to Section 15 for the length of time history will be retained online. You should review your Payment History regularly to preserve your rights, including your right to dispute transactions that you believe are unauthorized.
 
13.   Procedures if your Password has been Lost or Stolen, etc.
 
If you permit other persons to use the Service or your Password, you are responsible for any transactions they authorize from your Bank Account(s). If you believe that your Password has been lost or stolen or that someone has used or may use the Service to transfer money from your Bank Account using your Password without your permission, notify us AT ONCE at the phone number or address set forth in Section 24. If you do not do so, you could lose all the money in the Bank Account(s), as well as all of the available funds in any overdraft line of credit account or any other credit line included among your accounts.
 
If you believe your Password has been lost or stolen or that someone has used the Service to make an unauthorized transfer or payment has been made from any of your Bank Accounts without your permission, and you tell us within four (4) Business Days after you discover the loss or theft, your loss will be no more than $50 if someone used your Service without your permission.
 
If you do not tell us within four (4) Business Days after you discover the loss or theft of your Password or that an unauthorized transfer or payment has been made from any of your Payment Accounts, and we can prove we could have stopped someone from making a transfer or payment without your authorization if you had told us, you could lose as much as $500. Furthermore, if any Bank Account statement shows bill payments that you did not make, tell us AT ONCE. If you do not tell us within ninety (90) days after a statement showing such a transfer or payment was transmitted to you, you may not get back any money you lost after the ninety (90) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
 
If a good reason, such as a long trip or hospital stay, kept you from telling us, we will extend the time periods.
 
14.   In Case of Errors or Questions about a Payment
 
ALL QUESTIONS ABOUT PAYMENTS MADE THROUGH THE SERVICE MUST BE DIRECTED TO RG&E, AND NOT TO THE BANK OR FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT. We are responsible for the bill payment services described in these Terms and Conditions and for resolving any errors in payments we make under the Service.
 
We will not send you a periodic statement listing payments that you make using the Service. The payments will appear only on the statement(s) issued by your bank or financial institution. SAVE COPIES OF YOUR PAYMENT INSTRUCTIONS AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR FINANCIAL INSTITUTION. If you have a question about one of these payments or if you think an entry on your Bank Account statement is wrong or if you need more information about a payment initiated through the Service, you must contact us at the contact numbers and addresses listed in Section 24 as soon as you can. We must hear from you no later than 60 days after your bank or financial institution sent you the FIRST statement on which the problem or error appeared. When contacting us, please provide the following information:
 
1. Tell us your name and RG&E Account Number.
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
 
If you tell us orally, we may require you to send us your complaint or question in writing within ten (10) Business Days.
 
We will give you the results of our investigation within ten (10) Business Days after we hear from you and will correct any error promptly. If we can't resolve the question within ten (10) Business Days, however, we may take up to 45 days to do so, but we will provisionally credit your Bank Account for the amount in question within 10 Business Days while we continue our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Bank Account.
 
We will provide you a written explanation of our findings within three (3) Business Days of the completion of our investigation. You may ask for copies of any documents we used in our investigation. If we provisionally credit your Bank Account, we may take back the amount of any credit if we find that an error did not occur.
 
Clear, accurate billing is important to everyone. That's why RG&E will work to resolve your billing concern by the next business day. If we have to visit your home or place of business to resolve the situation, we guarantee that this happens within 5 business days. Here again, we put our money behind our pledge ---with a credit to your account of $20 if we fail to meet these commitments.
 
To learn more regarding your responsibilities as well as rights in dealing with the a utility that provides your natural gas or electric service, please review the New York State Public Service Commission's "Guide to Your Rights as a Residential Gas, Electric or Steam Customer Under the Home Energy Fair Practices Act" by visiting our Website at: www.rge.com. Select Residential Services and 'click' on Rights and Responsibilities.
 
15.   Electronic Archive Retrieval
 
You will be able to view bills presented on the Bill Website for a period up to twelve (12) months. After the 12th month, for any prior billing information, you will need to contact our customer service department at the contact numbers and addresses listed in Section 24 for prior billing information.
 
16.   Disclosure of Information to Third Parties
 
It is our general policy to treat the information related to your payments, RG&E account and Bank Account(s) as confidential. In most instances, we will require a subpoena, summons, search warrant, court order, or your authorization before disclosing information to third parties about your accounts or the payments you make. However, we may exchange such information with our affiliates, and we may disclose such information in connection with your transactions and in other circumstances we deem necessary or appropriate. In addition, we may provide such information to any agent we select to assist us in providing the Service, and such agent may receive information about your RG&E account, your Bank Account(s) and your payments and transactions effected through the Service.
 
17.   Our Liability
 
If we do not complete a payment on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. There are, however, some exceptions. We will not be liable, for example, (1) if through no fault of ours you do not have enough money in your Bank Account to cover the payment, or if your financial institution for any other reason refuses to make the payment; (2) if the Service or your operating system or software was not working properly when you attempted to initiate the payment and it was evident to you at that time; (3) if circumstances beyond our control, such as fire or flood, acts of God, power outages and the like, prevent the transfer; (4) if you failed to provide the complete and correct information regarding your Bank Account, or payment, including without limitation the name, address, Bank Account number and payment amount, or (5) if another clause in these Terms and Conditions so provides. The list of examples set out in this section is meant to illustrate circumstances under which we would not be liable for failing to make a payment and is not intended to list all of the circumstances where we would not be liable.
 
18.   Force Majeure
 
Except to the extent otherwise required under applicable law, our delay in or failure to perform any of the Service under these Terms and Conditions shall be excused if such delay or failure is caused by strike, fire, flood, earthquake, acts of nature, governmental action, failure of suppliers, communications lines failures, power failures, or for any other cause or event beyond our reasonable control. In such instances, we agree to resume performance of the Service as soon as commercially feasible to do.
 
19.   Exclusion of Warranties, Limitation of Liability of RG&E and JPMorgan
 
EXCEPT AS EXPRESSLY OTHERWISE STATED IN THESE TERMS AND CONDITIONS, THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS REGARDLESS OF THE FORM OF ACTION AND (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
 
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF, THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION THEREOF, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES, YOUR TELEPHONE SERVICE OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE SERVICE. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
 
CERTAIN PROCESSING AND OTHER SERVICES ARE PROVIDED TO RG&E BY JPMORGAN, JPMORGAN DOES NOT PROVIDE ANY SERVICES TO YOU; RATHER RG&E PROVIDES ALL SERVICES. ACCORDINGLY, JPMORGAN SHALL HAVE NO LIABILITY TO YOU WHATSOEVER WHETHER IN TORT OR CONTRACT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, THE WEBSITE, OR THE CONTENT OR INFORMATION CONTAINED ON THE BILL WEBSITE, EVEN IF JPMORGAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
20.   Termination of Service
 
If you wish to terminate the Service, you may do so by furnishing us with notice of your decision. Your notification must be sent to us by post, phone, or email at the contact information listed in Section 4. Such termination will become effective as of the Business Day you specify in your notice or the Business Day we receive the notice if no such date is specified. Upon termination, you will no longer be able to access the Service online. We reserve the right to deactivate your Service and terminate your access to the Service at any time with or without cause.
 
Scheduled payments in the system will be treated as follows:
 
If your notice of termination to us is received after the Cutoff Time on the Processing Date, the payment process for that payment will be completed, subject to the provisions of these Terms and Conditions.
If we receive your notice of termination before the Cutoff Time on the Processing Date, the payment will not be made. If we decide to terminate your Service for security reasons or if in our reasonable judgment we terminate your Service to prevent the occurrence of fraud, no further payments will be made as of the date we terminate your Service. Any other termination by us will be subject to the terms of our notice to you.
 
 
Termination shall not affect your liability or obligations under these Terms and Conditions that arose prior to termination.
 
21.   Records
 
Our records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
 
22.   Business Days
 
Our Business Days are Monday through Friday; we are closed Sundays and holidays.
 
23.   System Availability
 
The Bill Website is available 24 hours a day, seven days a week, except during system maintenance periods and at such times you may experience a delay or may not be able to gain access to the Service.
 
24.   RG&E Customer Service
 
If you believe your password may have been stolen, or that someone has made a payment from your Bank Account without your permission, if you have a question about your Payment History, if there is an error or question about the Service, or if for any other reason you wish to contact us, do so at the following address:
 
Rochester Gas & Electric
Customer Service
89 East Avenue
Rochester, NY 14649
Or
Email Address: customer_service@rge.com
 
25.   Disputes, No Waiver; Governing Law
 
These Terms and Conditions (incorporating by reference the terms of the RG&E Electronic Disclosure and Consent) are the complete and exclusive statement of the agreement between you and us. These Terms and Conditions supersede any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of these Terms and Conditions. If there is a conflict between what one of our employees says and the terms of these Terms and Conditions, these Terms and Conditions shall prevail. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. These Terms and Conditions shall be governed by, and construed in accordance with applicable federal law and with the laws of the State of New York, without regard to its conflicts of law provisions. You agree to the exclusive jurisdiction of the courts of the State of New York. You further agree that venue for any action resulting from these Terms and Conditions or the use of the Services shall be State of New York, County of New York and you further waive any jurisdictional, venue or inconvenient forum objections.
 
26.   Computer Equipment; Browser Access and Internet Services
 
(a)  Installation, Maintenance and Operation of Equipment
 
You are responsible for obtaining, installing, maintaining and operating all computer equipment, in accordance with such requirements as may be (i) provided by the equipment manufacturers and (ii) any other documentation provided to you by us in connection with the Service.
 
(b)  Browser Access and Internet Services
 
By utilizing an encrypted browser, you may access the Service on the Website. You are responsible for obtaining a browser capable of a sufficiently high level of encryption to meet the systems requirements established by us from time to time. Your use of any browser may also be subject to the license agreements of the browser manufacturer, in addition to these Terms and Conditions.
 
You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions and that you are satisfied with that assessment.
 
27.   Notices
 
You agree that by using the Service with a browser, all notices or other communications which we may be required to give you arising from our obligations under these Terms and Conditions or the Service may be sent to you electronically to any electronic mail address you provide to us or in any other manner permitted by law.
 
28.   New Features
 
We may, from time to time, introduce new features to the Service or modify or delete existing features. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
 
29.   Alterations and Amendments
 
The terms of these Terms and Conditions and other documentation and requirements associated with the Service may be altered or amended by us. In such event, we will either post such changes on the Bill Website, or if we are required to do so by applicable law, send an electronic notice to your Internet address or mail a notice to your address as it appears on our records. Your use of the Service after we have provided such a notice of change will be considered your agreement to the change.
 
30.   Assignment
 
We may assign or delegate certain of our rights and responsibilities under these Terms and Conditions to independent contractors or other third parties. You cannot assign any rights or responsibilities under these Terms and Conditions.
 
31.   Data Recording
 
The information and messages you enter into the Service may be maintained as part of our records. By using the Service you consent to such.
 
32.   Variation of Law
 
These Terms and Conditions vary applicable law or regulation to the maximum extent permitted under any such law or regulation. Any provision of applicable law or regulation that cannot be varied by agreement or notice shall supersede any conflicting term of these Terms and Conditions.
 
33.   Waiver of Jury Trial
 
BOTH YOU AND WE HEREBY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, OF WHATEVER TYPE OR NATURE INCLUDING ACTIONS IN CONTRACT OR TORT, ARISING OUT OF THESE TERMS AND CONDITIONS OR THE RELATIONSHIP ESTABLISHED BY THESE TERMS AND CONDITIONS.
 
34.   Severability
 
If any provision of these Terms and Conditions is held to be illegal or unenforceable, the validity of the remaining portions of these Terms and Conditions shall not be affected.
 
Please indicate your agreement to these Terms and Conditions by clicking on the button below marked "I Agree". By clicking the "I Agree" button, you confirm that you have read and accept these Terms and Conditions. If you do not agree, click on the button below marked "I Do Not Agree". By clicking the "I Do Not Agree" button, you confirm that you do not accept the terms of these Terms and Conditions and are not permitted access to the website.