Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, cost, and expenses, including reasonable attorney’s fees and expenses arising from your use of RDC and/or breach of this Agreement. DISCLAIMER OF WARRANTIES: YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEǪUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REǪUIRED BY LAW. Financial Information
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Samples: www.seasonsfcu.org
Accountholder’s Indemnification Obligation. You I understand and agree that you are I am required to indemnify us you and hold us you harmless against any and all claims, actions, damages, liabilities, costcosts, and expenses, including reasonable attorney’s attorneys' fees and expenses arising from your my use of RDC RDCS and/or breach of this Disclosure and Agreement. DISCLAIMER OF WARRANTIESI understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors. In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below, Monday through Friday, 8:30 AM to 5:00 PM Eastern: YOU AGREE Telephone Number: 000-000-0000 xxx.0000 Limitation of Liability. I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement. Warranties. I UNDERSTAND THAT YOUR USE OF THE CREDIT UNION DOES NOT MAKE ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED WARRANTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, WHETHER EXPRESS OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENTPURPOSE. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL CREDIT UNION IS NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTALSPECIAL OR CONSEQUENTIAL, SPECIALCAUSED BY THE INTERNET PROVIDER, CONSEǪUENTIAL ANY RELATED SOFTWARE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS THE CREDIT UNION'S USE OF PROFITS, GOODWILLANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, DATA OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OFEQUIPMENT. Change in Terms. You may change the terms and charges for RDCS indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, INABILITY TO USEmodify, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICEadd to, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACTor delete from this Disclosure and Agreement from time to time. My use of RDCS after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, TORTby written request, STRICT LIABILITY OR OTHERWISE)terminate use of RDCS provided for in this Disclosure and Agreement. You may terminate my use of RDCS at any time upon written notice. In the event of termination of RDCS, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REǪUIRED BY LAW. Financial InformationI will remain liable for all transactions performed on my Account.
Appears in 1 contract
Samples: Disclosure and Agreement
Accountholder’s Indemnification Obligation. You I understand and agree that you are I am required to indemnify us you and hold us you harmless against any and all claims, actions, damages, liabilities, costcosts, and expenses, including reasonable attorney’s fees and expenses arising from your my use of RDC the Services and/or breach of this Disclosure and Agreement. DISCLAIMER OF WARRANTIESI understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. Telephone you at: YOU AGREE THAT YOUR USE OF (000) 000-0000 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxx.xxx Limitation of Liability FINANCIAL INSTITUTION AND EACH THIRD PARTY DISCLAIMS ANY REMOTE BANKING SERVICE AND ALL INFORMATION REPRESENTATIONS AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICEWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE HEREUNDER, BUT NOT LIMITED TO THE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE SERVICES AND NONINFRINGEMENT. WE MAKE NO WARRANTY ANY SOFTWARE PROVIDED BY OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, EACH THIRD PARTY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS THE OPERATION OF THE SERVICES OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. WE MAKE NO WARRANTY , THAT THE RESULTS THAT MAY BE OBTAINED FUNCTIONS OR FEATURES OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICES, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY ERRORS OTHER PARTY. IN NO EVENT WILL ANY REMOTE BANKING SERVICE THIRD PARTY BE LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING THE LESSER OF THE ACTUAL DAMAGES INCURRED BY CUSTOMER OR TECHNOLOGY THE FEES PAID BY CUSTOMER FOR USE OF THE RESPECTIVE THIRD PARTY SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE EVENT GIVING RISE TO THE LIABILITY TOOK PLACE, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT A THIRD PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEǪUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILLOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, DATA LOSS OF DATA, OR OTHER LOSSES INCURRED BY YOU OR LOSS OF BUSINESS) IN CONNECTION WITH ANY THIRD PARTY MATTER ARISING FROM OUT OF OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE)THIS AGREEMENT, EVEN IF WE HAVE IT HAS BEEN INFORMED ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. Indemnification Customer shall indemnify, EXCEPT AS OTHERWISE REǪUIRED BY LAW. Financial Informationdefend and hold harmless each Third Party and its respective affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Customer’s use of the Third Party Software, unless such claim directly results from an action or omission made by such Third Party in bad faith.
Appears in 1 contract
Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costcosts, and expenses, including reasonable attorney’s attorneys' fees and expenses arising from your use of RDC the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement. DISCLAIMER OF WARRANTIES: YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “"AS IS” " AND “"AS AVAILABLE” " BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEǪUENTIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REǪUIRED REQUIRED BY LAW. Financial Information: You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
Appears in 1 contract
Samples: Account Agreement
Accountholder’s Indemnification Obligation. You I understand and agree that you are I am required to indemnify us you and hold us you harmless against any and all claims, actions, damages, liabilities, costcosts, and expenses, including reasonable attorney’s attorneys' fees and expenses arising from your my use of RDC RDCS and/or breach of this Disclosure and Agreement. DISCLAIMER OF WARRANTIESI understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors. In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below, Monday through Friday, 8:30 AM to 8:00 PM eastern: YOU AGREE Telephone Number: 800-936-7730 ext. 1650 Limitation of Liability. I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement. Warranties. I UNDERSTAND THAT YOUR USE OF THE CREDIT UNION DOES NOT MAKE ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED WARRANTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, WHETHER EXPRESS OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENTPURPOSE. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL CREDIT UNION IS NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTALSPECIAL OR CONSEQUENTIAL, SPECIALCAUSED BY THE INTERNET PROVIDER, CONSEǪUENTIAL ANY RELATED SOFTWARE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS THE CREDIT UNION'S USE OF PROFITS, GOODWILLANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, DATA OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OFEQUIPMENT. Change in Terms. You may change the terms and charges for RDCS indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, INABILITY TO USEmodify, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICEadd to, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACTor delete from this Disclosure and Agreement from time to time. My use of RDCS after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, TORTby written request, STRICT LIABILITY OR OTHERWISE)terminate use of RDCS provided for in this Disclosure and Agreement. You may terminate my use of RDCS at any time upon written notice. In the event of termination of RDCS, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REǪUIRED BY LAW. Financial InformationI will remain liable for all transactions performed on my Account.
Appears in 1 contract
Accountholder’s Indemnification Obligation. You I understand and agree that you are I am required to indemnify us you and hold us you harmless against any and all claims, actions, damages, liabilities, costcosts, and expenses, including reasonable attorney’s attorneys’ fees and expenses arising from your my use of RDC the Services and/or breach of this Disclosure and Agreement. DISCLAIMER OF WARRANTIESI understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors. In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. Telephone you at: YOU AGREE (000) 000 0000 Limitation of Liability. I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement. Charges for Use of the Services. There are no charges associated with the use of Mobile Remote Deposit Capture. Warranties. I UNDERSTAND THAT YOUR USE OF THE FINANCIAL INSTITUTION DOES NOT MAKE ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED WARRANTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, WHETHER EXPRESS OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENTPURPOSE. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL FINANCIAL INSTITUTION IS NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTALSPECIAL OR CONSEQUENTIAL, SPECIALCAUSED BY THE INTERNET PROVIDER, CONSEǪUENTIAL ANY RELATED SOFTWARE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS THE FINANCIAL INSTITUTION’S USE OF PROFITS, GOODWILLANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, DATA OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OFEQUIPMENT. Change in Terms. You may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, INABILITY TO USEmodify, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICEadd to, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACTor delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, TORTby written request, STRICT LIABILITY OR OTHERWISE)terminate the Services provided for in this Disclosure and Agreement. You may terminate my use of the Services at any time without notice. In the event of termination of the Services, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REǪUIRED BY LAW. Financial InformationI will remain liable for all transactions performed on my Account.
Appears in 1 contract
Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claimsIN ADDITION TO ANY INDEMNITIES IN THE HB MASTER TERMS AND CONDITIONS, actions, damages, liabilities, cost, and expenses, including reasonable attorney’s fees and expenses arising from your use of RDC and/or breach of this Agreement. DISCLAIMER OF WARRANTIES: YOU AGREE THAT TO INDEMNIFY US AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS, LOSSES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, ARISING FROM YOUR USE OF RDC SERVICES, OUR ACCEPTANCE OF YOUR REMOTELY DEPOSITED CHECK, YOUR BREACH OF THIS RDC AGREEMENT OR ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT STATE OR FEDERAL LAW RELATING TO THE RDC SERVICES. YOU WILL INDEMNIFY US FOR THE LOSSES ALLOWED BY LAW (INCLUDING THAT OF THIRD PARTIESREASONABLE ATTORNEY’S FEES AND COURT COSTS) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES TO THE EXTENT OF ANY KIND AS LOSS INCURRED BY A RECIPIENT OF A CHECK IMAGE IF THAT LOSS OCCURRED DUE TO THE USE RECEIPT OF A CHECK IMAGE INSTEAD OF THE ORIGINAL CHECK. YOUR INDEMNITY INCLUDES WITHOUT LIMITATION YOUR LIABILITY FOR ANY REMOTE BANKING SERVICECOSTS INCURRED BY US OR ANOTHER FINANCIAL INSTITUTION IN THE EVENT OF DUAL PRESENTMENT OF A CHECK BY YOU OR ANY OTHER PERSON, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR MAY DEBIT ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEǪUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS ONE OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU YOUR ACCOUNTS OR ANY THIRD PARTY ARISING FROM OR RELATED OWNER’S ACCOUNT TO THE USE OF, INABILITY TO USE, OR REIMBURSE ANY SUCH LOSS. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF YOUR ACCOUNT, THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION HB MASTER TERMS AND CONDITIONS OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REǪUIRED BY LAW. Financial InformationTHIS RDC AGREEMENT.
Appears in 1 contract
Samples: Remote Deposit Capture Agreement
Accountholder’s Indemnification Obligation. You understand and I agree that you are required to indemnify us indemnify, defend and hold us harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, liabilitiesinjuries, costfines, penalties, costs and expensesexpenses including, including without limitation, reasonable attorney’s attorneys’ fees and expenses arising court costs (including expert fees) you incur or suffer and arising, directly or indirectly, from your or in connection with my use of RDC the Services and/or any breach of this Disclosure and Agreement. This agreement to indemnify, defend and hold harmless will survive the termination of my Account or the termination this Disclosure and Agreement. In Case of Errors. In the event that I believe there has been an error with respect to any original paper check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. DISCLAIMER OF WARRANTIESTelephone you at: YOU 0-000-000-0000 or 1-502-968-3681 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx Limitation of Liability. I UNDERSTAND AND AGREE THAT YOUR IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY USE OF ANY REMOTE BANKING SERVICE THE SERVICES OR MY BREACH OF THIS DISCLOSURE AND ALL INFORMATION AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, AND CONTENT (INCLUDING LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF MY ACCOUNT OR THE TERMINATION THIS DISCLOSURE AND AGREEMENT. Charges for Use of the Services. All charges associated with the Services are disclosed in your “Fee Schedule” which you received at account opening or may be accessed by clicking here. Warranties. I UNDERSTAND THAT OF THIRD PARTIES) IS AT YOUR RISK YOU DO NOT MAKE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE THAT YOU EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICEWARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, TITLE, NONINFRINGEMENT, OR ON ANY EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM. WE MAKE NO WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I UNDERSTAND YOU SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY (i) THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR BE ERROR-FREE OR AS EXPECTED, (ii) THAT THE SERVICES MEET MY NEEDS OR MY REQUIREMENTS, OR (iii) THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS OR WILL BE UNINTERRUPTEDALL OF THE DATA OR INFORMATION TRANSMITTED OR PROVIDED THROUGH THE USE OF SERVICES IS ACCURATE, TIMELYUP- TO-DATE OR COMPLETE. ALL DATA OR ALL INFORMATION TRANSMITTED OR PROVIDED THROUGH THE SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, SECURE, WITHOUT EXPRESS OR ERROR-FREEIMPLIED WARRANTIES OF ANY KIND. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL ARE NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEǪUENTIAL PUNITIVE OR EXEMPLARY DAMAGESCONSEQUENTIAL, INCLUDINGCAUSED BY THE INTERNET PROVIDER, BUT NOT LIMITED TOANY RELATED SOFTWARE, DAMAGES FOR LOSS OR MY USE OF PROFITS, GOODWILLANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, DATA OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE AND SOFTWARE, MY PERSONAL MOBILE DEVICE AND SOFTWARE, ANY OF MY OTHER SOFTWARE, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EQUIPMENT EVEN IF WE YOU HAVE BEEN INFORMED ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. Change in Terms. You may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, EXCEPT AS OTHERWISE REǪUIRED BY LAWmodify, add to, or delete from this Disclosure and Agreement from time to time. Financial InformationMy use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, by written request, terminate the Services provided for in this Disclosure and Agreement. You may terminate my use of the Services at any time upon written notice. In the event of termination of the Services, I will remain liable for all transactions performed on my Account and this liability will survive the termination of my Account or the termination of this Disclosure and Agreement.
Appears in 1 contract
Samples: Disclosure and Agreement