Common use of Damages and Warranties Clause in Contracts

Damages and Warranties. Maintenance of Electronic Banking platforms, or any related services may be performed from time-to- time resulting in interrupted service, delays, or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. We and our service providers disclaim all warranties relating to Online Banking, Bill Pay and Mobile Banking services, or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages. In addition to the terms previously disclosed, Surrey Bank & Trust 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 use of any Electronic Banking service or in any way arising out of the installation, use or maintenance of your personal computer, mobile phone, tablet, hardware or software, including any software provided by Surrey Bank & Trust or one of its suppliers. In addition, Surrey Bank & Trust disclaims any responsibility for any electronic virus(s) customer may encounter after installation of such software or use of the Online and/or Mobile Banking systems. Without limiting the foregoing, neither Surrey Bank & Trust 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

Damages and Warranties. Maintenance of Electronic Banking platformsservices, or any related services may be performed from time-to- time resulting in interrupted service, delays, or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. We and our service providers disclaim all warranties relating to Online Banking, Bill Xxxx Pay and Mobile Banking services, or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages. In addition to the terms previously disclosed, Surrey Bank & Trust 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 use of any Electronic Banking service or in any way arising out of the installation, use or maintenance of your personal computer, mobile phone, tablet, hardware or software, including any software provided by Surrey Bank & Trust or one of its suppliers. In addition, Surrey Bank & Trust disclaims any responsibility for any electronic virus(s) customer may encounter after installation of such software or use of the Online and/or Mobile Banking systems. Without limiting the foregoing, neither Surrey Bank & Trust 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

Damages and Warranties. Maintenance of Electronic Banking platformsservices, or any related services may be performed from time-to- time resulting in interrupted service, delays, or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. We and our service providers disclaim all warranties relating to Online Banking, Bill Xxxx Pay and Mobile Banking services, or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages. In addition to the terms previously disclosed, Surrey Bank & Trust 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 use of any Electronic Banking service or in any way arising out of the installation, use or maintenance of your personal computer, mobile phone, tablet, hardware or software, including any software provided by Surrey Bank & Trust or one of its suppliers. In addition, Surrey Bank & Trust disclaims any responsibility for any electronic virus(s) customer may encounter after installation of such software or use of the Online and/or Mobile Banking systems. Without limiting the foregoing, neither Surrey Bank & Trust 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

Damages and Warranties. Maintenance of Electronic Banking platforms, or any related services may be performed from time-to- to-time resulting in interrupted service, delays, or errors. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. We and our service providers disclaim all warranties relating to Online Banking, Bill Pay and Mobile Banking services, or otherwise in connection with this Agreement, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages. In addition to the terms previously disclosed, Surrey Bank & Trust 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 use of any Electronic Banking service or in any way arising out of the installation, use or maintenance of your personal computer, mobile phone, tablet, hardware or software, including any software provided by Surrey Bank & Trust or one of its suppliers. In addition, Surrey Bank & Trust disclaims any responsibility for any electronic virus(s) customer may encounter after installation of such software or use of the Online and/or Mobile Banking systems. Without limiting the foregoing, neither Surrey Bank & Trust 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; oror (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Surrey Bank & Trust and its suppliers provide Electronic Banking services from their own sites and they make no representation or warranty that any information, material or functions included in Online and/or Mobile Banking are appropriate for use by you in your jurisdiction. If you choose to use the Online and/or Mobile Banking systems, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Surrey Bank & Trust nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of any or all Electronic Banking services or contained in any third-party sites linked to or from our web site. SURREY BANK & TRUST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF THE ONLINE BANKING SYSTEM, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. SURREY BANK & TRUST DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. UNLESS OTHERWISE REQUIRED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEES, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING SERVICES RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). Surrey Bank & Trust shall not be responsible for liability, loss or damage of any kind resulting from any delay in the performance of or any failure to perform our responsibilities hereunder due to causes beyond our reasonable control.