Bank’s Liability. If we do not complete a transaction arising from the use of the 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:
(i) if, through no fault of ours, the amount on the Card is insufficient to complete the transaction; or
(ii) if the point-of-sale terminal was not working properly and you knew about the breakdown when you started the transaction; or
(iii) if circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transaction, despite reasonable precautions that we have taken; or
(iv) if the Card has been reported to be, or suspected of being, lost or stolen, and we have taken action to prevent transactions with the Card.
Bank’s Liability. In addition to any limitations in this Agreement, the Bank will not be liable to you for: (i) any refusal of a Paying Bank to pay an Image Exchange Item or Substitute Check for any reason (other than the gross negligence or willful misconduct of the Bank), including, without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered or had a forged signature; or (ii) the Bank acting as a “reconverting bank” under the Check 21 Act through the creation of Substitute Checks or purported substitute checks using an electronic image or an illegible electronic image or an Image Exchange Item.
Bank’s Liability a. The Bank may act upon any instrument or other writing believed by it in good faith and upon reasonable investigation to be genuine and to have been signed or presented by a person purporting to be the Collateral Agent or the Customer (or any agent thereof). The Bank shall have no liability in the event that at the time it receives and has an opportunity to act on a Notice of Blockage or a Notice to Direct Funds, the Customer has made withdrawals of collected funds in any Deposit Account so that the amount of collected funds in such Deposit Account is less than the amount of collected funds on the date hereof or is zero. The Bank’s duties shall be determined only with reference to this Agreement and any applicable Requirement of Law, and the Bank shall not be charged with knowledge of, or any duties or responsibilities in connection with, any other document or agreement. If in doubt as to its duties and responsibilities hereunder, the Bank may consult with counsel of its choice and shall be protected in any action taken or omitted to be taken in connection with the advice or opinion of such counsel, except if arising from the gross negligence or willful misconduct of the Bank (to the extent determined by a court of competent jurisdiction in a final and non-appealable judgment).
b. The Bank shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by instructions, action, or omission of the Customer or the Collateral Agent. The Bank will be excused from failing to act or delay in acting if (i) such failure or delay is caused by circumstances beyond the Bank’s control, including legal constraint, emergency conditions, action or inaction of government, civil or military authority, fire, strike, lockout or other labor dispute, war, riot, theft, flood, earthquake or other natural disaster, breakdown of public, private or common carrier communications or transmission facilities, equipment failure, or act, negligence or default of the Customer or the Collateral Agent or (ii) such failure or delay would result in the violation any applicable Requirement of Law. In no event shall the Bank be liable for special, incidental, punitive or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action.
Bank’s Liability. In the performance of the Services required by the Agreement, Bank shall be entitled to rely solely on the information; representations and warranties provided by Company pursuant to the Agreement and shall not be responsible for the accuracy or completeness of such information. Except as otherwise specifically provided by law, Bank shall be responsible only for performing the Services expressly provided for in the Agreement and shall be liable only in the event of loss due to its gross negligence or willful misconduct in performing those Services. In no event shall Bank have any liability for any consequential, special, incidental, punitive or indirect damages Company may incur or suffer in connection with the Agreement whether or not the likelihood of such damages was known or contemplated by Bank and regardless of the legal or equitable theory of liability Company may assert. If, for any reason, Bank is adjudged liable to Company, it shall only be to the extent that the amount of the damages resulting from such liability arise out of Bank’s gross negligence or willful misconduct and, in such cases, damages will be limited to the amount of the aggregate monthly fees and charges paid by Company for the Services for the immediate three (3) month period prior to the event giving rise to Company’s claim. In no event shall Bank be liable for consequential damages, exemplary damages or lost profits, even if Company advises Bank of the possibility of such damages. The provisions of this Section shall survive the termination of the Agreement. Without limiting the generality of the foregoing, Bank will not be liable to Company in the following situations:
a. If through no fault of Bank, Company or Account Owner on a Personal Account does not have enough available money in Account from which a payment or transaction is to be made, or if Account has been closed or is not in good standing, or if Bank reversed a payment or transaction because of insufficient funds, or if any payment or transaction would go over the credit limit of any Account;
b. If the equipment of Company or Bank is not working properly and the breakdown should have been apparent to Company when Company attempted to conduct the transaction;
c. If Company has not given Bank complete, correct or current Account numbers or other identifying information for Bank to properly credit Account or otherwise complete the transaction, or if Company does not properly follow Bank’s instructions, or if Company pr...
Bank’s Liability a. The Bank will not be liable to you for any of the following: (1) any damages, costs or other consequences caused by or related to the Bank’s actions that are based on information or instructions that you provide to the Bank; (2) any unauthorized actions initiated or caused by you or your employees or agents; (3) the failure of third persons or vendors to perform satisfactorily, other than persons to whom the Bank has delegated the performance of specific obligations provided in this Schedule E to this CMTS Agreement; (4) any refusal of a Payor Financial Institution to pay an Image Exchange Item or Substitute Check for any reason (other than the breach of contract, gross negligence or willful misconduct of the Bank), including without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature; (5) your or any other party’s lack of access to the Internet or inability to transmit or receive data; (6) failures or errors on the part of Internet Office Deposit Service providers, telecommunications providers or any other party’s own internal systems, or (7) if you do not follow or comply with the representations or warranties set forth above in Section 10 of this Schedule E to this CMTS Agreement
b. The Bank’s liability for errors or omissions with respect to the data transmitted or printed by the Bank inconnection with this Schedule E tothis CMTSAgreement will be limited to correcting the errors or omissions. Correction will be limited to reprocessing, reprinting and/or representing the Image Exchange Items or Substitute Checks to the Payor Financial Institution.
c. Notwithstanding anything to thecontrary in this Schedule Etothis CMTSAgreement, the Bank’s aggregate liability for claims related to this Schedule E to this CMTS Agreement, whether for breach, negligence, infringement, in tort or otherwise, arising during any 12 month period shall be limited to an amount equal to the amount of fees paid by you toBank under this ScheduleE to this CMTSAgreement for such 12 month period.
d. Except as otherwise specifically provided in this Schedule E to this CMTSAgreement, in no event will either party be liable to the other for any consequential, indirect, incidental, special, exemplary or punitive damages, including without limitation any loss of use or loss of business, revenue, profits, opportunity or good will, under any theory of tort,contract, indemnity...
Bank’s Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking Account. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking service as delineated in this Agreement. You agree that we will only be liable to you to the extent we acted with gross negligence or willful misconduct and those actions resulted in a direct financial loss to you. In no event will we be liable for (i) errors or omissions that do not result in a financial loss to you; (ii) any Losses that result from our use of customary banking practices or for any Losses provided that we have acted in good faith and with ordinary care; (iii) any action we are authorized or permitted to take by the
Bank’s Liability. We will not be liable to you for any of the following: (i) any damages, costs or other consequences caused by or related to our actions that are based on information or instructions that you provide to us; (ii) any unauthorized actions initiated or caused by you or your employees, representatives, third party service providers or agents; (iii) the failure of third parties or vendors to perform satisfactorily, other than persons to whom we have delegated the performance of specific obligations provided for in these Terms; (iv) failure or errors on the part of ISPs, telecommunications providers or any other party’s own internal systems; or (v) Customer’s acts or omissions (including without limitation, the amount, accuracy, timeliness of transmittal or authorization of any entry received from Customer) or those of any other person, including without limitation any Federal Reserve Bank, ACH Operator or transmission or communications facility, any receiver or RDFI (including, without limitation, the return of any entry by such receiver or RDFI), and no such person shall be deemed Bank’s agent. Whether for breach, negligence, or infringement by us, in tort or otherwise, any losses arising during any twelve (12) month period shall be limited to the average monthly charge for the Services in question for the six (6) month period preceding the date of loss. We shall not be responsible, under any circumstances, for any loss of goodwill or for any special, consequential or indirect damages that you incur in connection with these Terms or the Services. Except as otherwise specifically provided in these Terms, in no event will either party be liable to the other for any consequential, indirect, incidental, special, exemplary or punitive damages, including without limitation, any loss of use or loss of business, revenue, profits, opportunity or goodwill, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if such party has been advised of, or should have known of the possibility of, such damages.
Bank’s Liability.
a. Bank shall not be liable to Customer for any of the following:
i. Any damages, costs or other consequences caused by or related to Bank’s actions that are based on information or instructions that Customer provides to Bank;
ii. Any unauthorized actions initiated or caused by Customer or its employees or agents;
iii. The failure of third persons or vendors to perform satisfactorily, other than persons to whom Bank has delegated the performance of specific obligations provided in this Agreement;
iv. Any refusal of a Payor Financial Institution to pay an Item for any reason (other than the breach of contract, gross negligence or willful misconduct of Bank), including without limitation, that the Item was allegedly unauthorized, was a counterfeit, had been altered or had a forged signature;
v. Any other party’s lack of access to the Internet or inability to transmit or receive data;
vi. Failures or errors on the part of Internet service providers, telecommunications providers or any other party’s own internal systems;
vii. Any of the matters described in Section 20.
b. Bank’s liability for errors or omissions with respect to the data transmitted or printed by Bank in connection with this Agreement shall be limited to correcting the errors or omissions. Correction shall be limited to reprocessing, reprinting and/or representing the Electronic Items or Substitute Checks to the Payor Financial Institution through the check collection system.
c. Notwithstanding anything to the contrary in this Agreement, Bank’s aggregate liability for claims related to this Agreement, whether for breach, negligence, infringement, in tort or otherwise, arising during any twelve (12) month period shall be limited to an amount equal to the amount of fees paid by Customer to Bank under this Agreement for such twelve (12) month period.
Bank’s Liability. We will not be liable to you for any of the following: (i) any damages, costs or other consequences caused by or related to our actions that are based on information or instructions that you provide to us; (ii) any unauthorized actions initiated or caused by you or your employees, representatives, third party service providers or agents; (iii) the failure of third parties or vendors to perform satisfactorily, other than persons to whom we have delegated the performance of specific obligations provided for in these Terms; (iv) failure or errors on the part of ISPs, telecommunications providers or any other party’s own internal systems; or (v) Customer’s acts or omissions (including without limitation, the amount, accuracy, timeliness of transmittal or authorization of any entry received from Customer) or those of any other person, including without limitation any Federal Reserve Bank, ACH Operator or transmission or communications facility, any receiver or RDFI (including, without limitation, the return of any entry by such receiver or RDFI), and no such person shall be deemed Bank’s agent. Whether for breach, negligence,
Bank’s Liability. You agree that the Bank will not be responsible or liable in any manner for any of the following or for any claim of whatever nature (including without limitation any claim for incidental or consequential damages) arising from or connected with any of the following: the refusal or delay of any other financial institution; any merchant, or any person to honor your Card; any goods or services purchased with your Card, any unsuccessful attempt to obtain prior credit authorization for any transaction when the authorization system is not working (except and only to the extent described in the Deposit Account Agreement for your account); and any unsuccessful attempt to use your Card in an ATM when the ATM or system is not working or is temporarily closed or out of order (except and only to the extent described in the Deposit Account Agreement of your account).