Common use of Damages and Warranties Clause in Contracts

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Payment Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Financial Institution and/or Service provider’s web sites. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 6 contracts

Samples: Electronic Funds Transfer Agreement, Business Bill Pay Service Terms and Conditions, Business Bill Pay Service Terms and Conditions

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Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s 's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Payment Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Financial Institution and/or Service provider’s 's web sites. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 3 contracts

Samples: Online Access Agreement, Online Access Agreement, Online Access Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Online Banking or the use of the Bill Payment On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim disclaims any responsibility for any electronic virus(es) Subscriber you may encounter after installation of such software or use of Bill Payment Online Banking or the On-line Financial Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider and its suppliers provide Bill Payment Online Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Online Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Online Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Online Banking, the On-line Financial Services, or contained in any third party sites linked to or from Financial Institution and/or Service providerInstitution’s web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. WE MAKE NO WARRANTY THAT ANY ONLINE BANKING SERVICE WILL MEET YOUR 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 ONLINE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL OF THE FOREGOING RISKS. YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR REPRESENTATION OBTAINED FROM ANY INSTITUTION EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR REPRESENTATION FOR PURPOSES OF THIS AGREEMENT OR THE SERVICE You shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) your negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with the terms of this Agreement.

Appears in 3 contracts

Samples: Online Banking Agreement, Online Banking Agreement, Online Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are Lighthouse Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services Lighthouse Online or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution Lighthouse Bank or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim Lighthouse Bank disclaims any responsibility for any electronic virus(es) Subscriber a Client may encounter after installation of such software or use of Bill Payment ServicesLighthouse Online. Without limiting the foregoing, neither Financial Institution and/or Service provider Lighthouse Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider Lighthouse Bank and its suppliers provide Bill Payment Services Lighthouse Online from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services Lighthouse Online are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment ServicesLighthouse Online, you do so so, on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider Lighthouse Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Lighthouse Online, the Bill Payment Services, or contained in any third party sites linked to or from Financial Institution and/or Service providerLighthouse Bank’s web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE LIGHTHOUSE BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICELIGHTHOUSE ONLINE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM LIGHTHOUSE BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 2 contracts

Samples: Online Banking Agreement, Online Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s 's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Banking or the use of the Bill Payment Services Online Banking services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution Bank or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim Bank disclaims any responsibility for any electronic virus(es) Subscriber Customer may encounter after installation of such software or use of Bill Payment ServicesOnline Banking or the Online Banking services. Without limiting the foregoing, neither Financial Institution and/or Service provider Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider Bank and its suppliers provide Bill Payment Services Online Banking and the Online Banking services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services Online Banking or the Online Banking services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment ServicesOnline Banking and/or the Online Banking services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment ServicesOnline Banking, the Online Banking services, or contained in any third third-party sites linked to or from Financial Institution and/or Service providerBank’s web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING, ONLINE BANKING SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 2 contracts

Samples: Online Banking Disclosure & Agreement, Online Banking Disclosure & Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution Mocse and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution Mocse or one of its suppliers. In addition, Financial Institution Mocse and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Payment Services. Without limiting the foregoing, neither Financial Institution Mocse and/or Service provider nor its suppliers shall be liable for any: (i) failure i)failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution Mocse and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution Mocse nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Financial Institution Mocse and/or Service provider’s web sites. FINANCIAL INSTITUTION MOCSE AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION MOCSE AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.OPERATION.‌

Appears in 2 contracts

Samples: Internet Banking and Bill Payment Agreement, Internet Banking and Bill Payment Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Online Banking or the use of the Bill Payment On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim disclaims any responsibility for any electronic virus(esvirus (es) Subscriber Customer may encounter after installation of such software or use of Bill Payment Online Banking or the On-line Financial Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider and its suppliers provide Bill Payment Online Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Online Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Online Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Online Banking, the On-line Financial Services, or contained in any third party sites linked to or from Financial Institution and/or Service providerInstitution’s web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 2 contracts

Samples: Online Banking Agreement, Online Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution in this Agreement and other referenced documents including, but not limited to, the Electronic Banking Services Account Agreement and Disclosures, the Credit Union and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution Credit Union or one of its suppliers. In addition, Financial Institution Credit Union and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Payment Services. Without limiting the foregoing, neither Financial Institution Credit Union and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution Credit Union and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution Credit Union nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Financial Institution Credit Union and/or Service provider’s web sites. FINANCIAL INSTITUTION CREDIT UNION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION CREDIT UNION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 2 contracts

Samples: Bill Payment Agreement, Bill Payment Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution FCBT and/or Service provider Provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest interest, or other damages, whether direct, indirect, special, punitive, incidental incidental, or consequential, (collectively, “Losses”) caused by the use of the Bill Xxxx Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution FCBT or one of its suppliers. In addition, Financial Institution FCBT and/or Service provider Provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Xxxx Payment Services. Without limiting the foregoing, neither Financial Institution FCBT and/or Service provider Provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God God, or labor disputes; or (ii) the loss, confidentiality confidentiality, or security of any data while in transit via the Internet, communication lines, postal system system, or electronic funds transfer networks. Financial Institution FCBT and/or Service provider Provider and its suppliers provide Bill Xxxx Payment Services from their own sites and they make no representation or warranty that any information, material material, or functions included in Bill Xxxx Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Xxxx Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution FCBT nor Service provider Provider nor its suppliers warrant the adequacy, accuracy accuracy, or completeness of any information provided as a part of Bill Xxxx Payment Services, or contained in any third party sites linked to or from Financial Institution FCBT and/or Service providerProvider’s web siteswebsites. FINANCIAL INSTITUTION FCBT AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY FUNCTIONALITY, OR PERFORMANCE OF BILL XXXX PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION FCBT AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 1 contract

Samples: Business Online Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Online Banking Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim disclaims any responsibility for any electronic virus(esvirus (es) Subscriber Customer may encounter after installation of such software or use of Bill Payment Online Banking Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider and its suppliers provide Bill Payment Online Banking Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Online Banking Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Online Banking Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Online Banking Services, or contained in any third party sites linked to or from Financial Institution and/or Service providerInstitution’s web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. Customer shall indemnify, defend and hold harmless Financial Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.

Appears in 1 contract

Samples: Electronic Communication Agreement

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Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider InTouch Credit Union, its service providers and their affiliates are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer computer, device, hardware or software, including any software provided by Financial Institution InTouch or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim InTouch disclaims any responsibility for any electronic malware and/or virus(es) Subscriber you may encounter after installation of such software or use of Bill Payment Servicesthe Digital Banking system. Without limiting the foregoing, neither Financial Institution and/or Service provider InTouch nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internetinternet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider InTouch and its suppliers provide Bill Payment Services services from their own sites sites, and they make no representation or warranty that any information, material or functions included in Bill Payment the Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment the Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider InTouch nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, the Services or contained in any third party third‐party sites linked to or from Financial Institution and/or Service providerInTouch’s web sitessite(s). FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE INTOUCH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICETHE SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM INTOUCH DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AVAILABILITY OR ERROR-FREE ERROR‐FREE OPERATION.

Appears in 1 contract

Samples: Digital Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Xxxx Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Xxxx Payment Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution and/or Service provider and its suppliers provide Bill Xxxx Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Xxxx Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Xxxx Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Xxxx Payment Services, or contained in any third party sites linked to or from Financial Institution and/or Service provider’s web sites. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL XXXX PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. Subscriber shall indemnify, defend and hold harmless the Financial Institution and Service provider and their affiliates, officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Subscriber’s negligence; (ii) Subscriber’s failure to comply with applicable law; or (iii) Subscriber’s failure to comply with the terms of this Agreement.

Appears in 1 contract

Samples: Online Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are Fairfax State Savings Bank is not responsible for any losses, errorserror, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Online Banking or the use of the Bill Payment Services Online Banking and Mobile Banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution Fairfax State Savings Bank or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim Fairfax State Savings Bank disclaims any responsibility for any electronic virus(esvirus (es) Subscriber Customer may encounter after installation of such software or use of Bill Payment Online Banking and Mobile Banking Services. Without limiting the foregoing, neither Financial Institution and/or Service provider Fairfax State Savings Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses losses arising out of an event xxxxx or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the losslos, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider Fairfax State Savings Bank and its suppliers provide Bill Payment Services Online Banking and Mobile Banking from their own sites and they make no representation or warranty that any information, material material, or functions included in Bill Payment Services Online Banking and Mobile Banking are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment ServicesOnline Banking and Mobile Banking, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider Fairfax State Savings Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, Online Banking and Mobile Banking or contained in any third third-party sites linked to or from Financial Institution and/or Service providerInstitution’s web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE FAIRFAX STATE SAVINGS BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING AND MOBILE BANKING, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM FAIRFAX STATE SAVINGS BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 1 contract

Samples: Online Banking and Mobile Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are Premier Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s 's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by the use of the Bill Payment Services Online Banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim Premier Bank disclaims any responsibility for any electronic virus(es) Subscriber customer may encounter after installation of such software or use of Bill Payment Online Banking Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution and/or Service provider and its suppliers provide Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdictionACH network. If you choose to use Bill Payment ServicesOnline Banking, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Online Banking, the On-line Financial Services, or contained in any third party sites linked to or from Financial Institution and/or Service provider’s web sitesPremier Bank's website. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 1 contract

Samples: Online Banking Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by the use of the Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Financial Institution or one of its suppliers. In addition, Financial Institution and/or Service provider disclaim any responsibility for any electronic virus(es) Subscriber may encounter after installation of such software or use of Bill Payment ServicesService. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networks. Financial Institution and/or Service provider and its suppliers provide Bill Payment Services from their own sites locations and they make no representation or warranty that any information, material or functions included in Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Services, or contained in any third party sites linked to or from Financial Institution and/or Service provider’s web sites. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 1 contract

Samples: Bill Payment Service Agreement

Damages and Warranties. In addition to the terms previously disclosed, The Financial Institution and/or Service provider are is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Online Banking, Mobile Banking, or the use of the Bill Payment Online Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including software - (Including any software provided by Financial Institution or one of its suppliers. .) In addition, Financial Institution and/or Service provider disclaim disclaims any responsibility for any electronic virus(esvirus (es) Subscriber Customer may encounter after installation of such software or use of Bill Payment Online Banking, Mobile Banking, or the Online Financial Services. Without limiting the foregoing, neither Financial Institution and/or Service provider nor its suppliers shall be liable for any: (i) failure to perform or any Losses losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or electronic funds transfer networksACH network. Financial Institution and/or Service provider and its suppliers provide Bill Payment Online Banking, Mobile Banking, and the Online Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Bill Payment Online Banking, Mobile Banking, or the Online Financial Services are appropriate for use by you in your jurisdiction. If you choose to use Bill Payment Online Banking, Mobile Banking, and/or the Online Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Financial Institution nor Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Bill Payment Online Banking, Mobile Banking, the Online Financial Services, or contained in any third party sites linked to or from Financial Institution and/or Service providerInstitution’s web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING, ONLINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Appears in 1 contract

Samples: Electronic Banking & Bill Payment Agreement

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