Bank Liability. If we do not complete a transfer to or from your Card on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, you do not have enough money stored on your Card to make the transaction. If the Card transaction would go over the credit limit on your overdraft line, if one exists. If the ATM where you are making the Card transaction does not have enough cash. If the terminal or system was not working properly and you knew about the breakdown when you started the Card transaction. We are prohibited by law from completing the transaction. If circumstances beyond our control (such as fire or flood) prevent the Card transaction, despite reasonable precautions that we have taken.
Bank Liability. In acting under this Agreement, the Bank shall not be liable to any Lender or Pledgor for any error of judgment, or for any act done or step taken or omitted by it in good faith, except for gross negligence or willful misconduct.
Bank Liability. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTION TAKEN BY BANK (OR THE RESULTS THEREOF), WHICH IS AUTHORIZED BY THIS AGREEMENT. BANK MAKES NO WAR- RANTIES EXPRESS, IMPLIED OR STATUTORY IN CONNECTION WITH THIS AGREEMENT AND, WITHOUT LIMITING THE FOREGOING, BANK DISCLAIMS ALL WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BANK MAY UTILIZE SYSTEMS OF OTHERS, INCLUDING, WITHOUT LIMITATION, CARD ASSOCIATIONS AND PROCESSORS. BANK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INFORMATION PROVIDED BY OTHERS OR FOR THE USE OF ANY SYSTEM OR EQUIPMENT OF BANK OR OTHERS OR FOR ANY CIRCUMSTANCES BEYOND ITS CONTROL. IN NO EVENT SHALL BANK BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES EVEN IF BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE AND EXCLUSIVE LIABILITY OF BANK AND REMEDY OF MERCHANT HEREUNDER SHALL BE GENERAL MONEY DAMAGES FOR BANK’S WILLFUL MISCONDUCT NOT TO EXCEED THE AMOUNT OF FEES, WHICH BANK HAS CHARGED, ON THE ITEM OR FOR THE SERVICE, SUBJECT TO CLAIM OR DISPUTE, REGARDLESS OF THE CHARACTERIZATION OF SUCH CLAIM OR ACTION. BANK SHALL HAVE NO LIABILITY FOR ANY TAXES ARISING UNDER THIS AGREEMENT (WHICH LIABILITY WILL BE THAT OF MERCHANT), OTHER THAN TAXES BASED ON BANK’S INCOME.
Bank Liability. Except to the extent resulting from a breach of this Agreement by the Customer, the Bank is liable for: any unauthorized transaction after the Customer has notified the Bank that the Card has been misused, lost or stolen or that PIN security has been breached; transactions completed through the Card or any other cards that are forged, faulty, expired or cancelled; fraudulent or negligent conduct by the Bank's employees or agents, companies involved in networking arrangements, merchants who are linked to the electronic funds transfer system or their employees or agents; and losses to the Account resulting from any failure, error, malfunction or technical problem of the Bank's system or equipment.
Bank Liability. Except as specifically provided in this Primebank Internet Banking Agreement or where the law requires a different standard, you agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, any indirect, special, incidental or consequential damages whether caused by the equipment, software, the Bank, OR by Internet browser providers such as Netscape (Netscape Navigator browser) and Microsoft (Microsoft Internet Explorer browser), OR by Internet access providers OR by on-line service providers OR by an agent or subcontractor of any of the foregoing, nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, Primebank’s Internet Banking Service, or Internet browser or access software. If Primebank does not properly complete a transfer or eBill Pay on time or in the correct amount, we will pay any late fees or finance charges as long as your account was in good standing with the payee prior to this incident. We will also be liable to you if we fail to stop a payment pursuant to your timely order to do so. We shall not be responsible for any charges imposed or any other action taken by a payee resulting from a payment that you have not scheduled properly, including any applicable finance charges and late fees. In addition, we will not be liable if any third party, through whom any bill payment is made, fails to properly transmit the payment to the intended payee. We will also not be liable if there are insufficient funds in your designated payment account or other accounts being used for transfers; if a legal order directs us to prohibit withdrawals from the payment account; if the payment account is closed or frozen; or if any part of the electronic funds transfer system is not working properly. We will not be liable for indirect, special, or consequential damages arising out of the use of eBill Pay. Primebank reserves the right to terminate your use of eBill Pay at any time for any reason. If we do not complete a transfer or Bill Payment from your designated payment account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable: If, through no fault of ours, you do not have enough money in your account to make a transfer or ...
Bank Liability. In any event, we will not be liable for any special, indirect, consequential, incidental, or punitive losses, damages, or expenses in connection with this EBAgreement or the EBServices, even if we have knowledge of the possibility of them. We are not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control. You acknowledge and agree that there are alternative methods for accessing the information and conducting the transactions provided by our EBServices, such as payment by check. In the event you experience problems accessing our EBServices, you agree to access information and conduct transaction by alternative methods. There may be other exceptions to our liability as stated in other Bank Documents you have been provided, which shall apply to this EBAgreement as if repeated herein word for word. TSB is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their Access Devices using a reliable virus product to detect and remove any viruses. Undetected or un-repaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers or have your Access Device or Credentials compromised. Periodic Statements You will receive periodic account statements, either electronically by your election or paper by mail for your account(s). Your statements will reflect any actions or transactions that have occurred and any associated fees for using our EBServices or that were assessed on your account. You should promptly review your statements and any accompanying items and notify of any error, unauthorized transaction, or any other irregularity by contacting the Electronic Banking Department at (000)000- 0000 or Operations at (000)000-0000, in writing at Electronic Banking Department, Tennessee State Bank, PO Box 1260, Pigeon Forge, TN 37868 or at any branch location to report any incidence above. You may also contact us by using the “Start a conversation” feature in the EBServices.
Bank Liability. If we do not complete a transfer from your Card on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, you do not have enough money stored on your Card to make the transaction. If the terminal or system was not working properly and you knew about the breakdown when you started the Card transaction. We are prohibited by law from completing the transaction. If circumstances beyond our control (such as fire or flood) prevent the Card transaction, despite reasonable precautions that we have taken.
Bank Liability. (a) The Bank is not responsible for errors in the amount or destination of any payments. The Bank does not guarantee payments made by the Customer using Digital Banking Services and is not liable for any losses or damages arising as a result of a missed payment or errors in the amount or destination of the payment made in connection with Digital Banking Services. The Bank is not liable for (i) failure of any third party to process any instructions requested by the Customer or (ii) any fees charged to the Customer by a third party in connection with such instructions.
Bank Liability. Business Customer agrees that Bank’s responsibility to Business Customer will be limited to the exercise of ordinary care. Bank will not be responsible for delays or failures in performance caused by events beyond Bank’s reasonable control or by periods of unavailability of its systems due to unexpected failure of any system. If Bank substantially complies with its procedures, Bank will be considered to have exercised ordinary care. Business Customer and Bank agree that clerical errors and mistakes in judgment do not constitute a failure to exercise ordinary care or to act in good faith. BUSINESS CUSTOMER EXPRESSLY AGREES THAT IN NO EVENT WILL BANK PARTIES (AS DEFINED BELOW) BE LIABLE FOR LOST PROFITS OR FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, OR INCIDENTAL LOSSES OR DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE SERVICES CONTEMPLATED BY THIS ADDENDUM EVEN IF BANK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM BANK’S ACTS OR OMISSIONS PURSUANT TO THIS ADDENDUM. BUSINESS CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF ANY SERVICES VIA THE INTERNET AND ACCESSES THE SAME AT ITS OWN RISK. BANK EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH ANY BANK SYSTEM OR THE INTERNET OR ACTIONS TAKEN ON THE INTERNET, AND BANK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. BANK IS NOT RESPONSIBLE FOR ANY OVERDRAFTS BY BUSINESS CUSTOMER OR FOR ANY ACTIONS OR OMISSIONS OF BUSINESS CUSTOMER THAT RESULT FROM OR ARISE OUT OF ANY DIFFERENCE IN THE AVAILABLE BALANCE AND CURRENT BALANCE OF ANY BUSINESS CUSTOMER ACCOUNT MAINTAINED WITH BANK. Bank will not be liable for: (i) the failure of Business Customer to maintain its security, (ii) Business Customer’s acts or omissions (including, but not limited to, the amount, accuracy, timeliness of transmittal, or due authorization of any entry received from Business Customer), (iii) nonperformance, malfunction, or incompatibility of Business Customer’s hardware or software, or the malfunction of the information reporting system beyond Bank’s reasonable control, (iv) any cause except the gross negligence or willful misconduct of Bank’s employees, (v) acts and omissions of transferee institutions and their personnel, or (vi) any and all claims or damages resulting from, or related to, any computer virus, unauthorized intrusion or relate...
Bank Liability. This section explains our liability to you. Under no circumstances will we have any liability to you for failing to provide you access to your accounts or Denali Online Services. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Denali Online Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing Denali Online Services. IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. We will not be obligated to honor, in whole or in part, any transaction or instruction which: • Is not in accordance with any term or condition applicable to the relevant Denali Online Service, Eligible Account or User Agreements; • We have reason to believe the transaction may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal; • Would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority; • Is not in accordance with any other requirement of our applicable policies, procedures or practices; or • We have reasonable cause not to honor for our or your protection
