AVAILABILITY AND OPERATION Clause Samples

AVAILABILITY AND OPERATION. Although our ▇▇▇▇▇ MAX System is generally reliable, it may not operate properly at all times. We, therefore, cannot promise that it will always be available for your use. You and every authorized user promise not to attempt to make a transfer when the system indicates, or other circumstances give you or the authorized user reason to believe, that the system is not operating properly or is otherwise unable to make the transfer desired. We will not be liable for damages resulting from the unavailability or failure of the system to operate except as required by Federal Law. Without limiting the foregoing, we will not be responsible or liable to you for any loss, cost or damages which you may suffer or incur by virtue of any mechanical or operational failure of the system (including failures which result in inability to complete any transaction), or your failure to follow the instructions which we have provided on the correct operation of the system.