Common use of Disclaimer of Warranties and Limitation of Liability Clause in Contracts

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERYMIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS EXTERNAL TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE DIGITAL BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND UNIVERSITY, AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW. THE CREDIT UNION ITS AGENTS AND/OR ITS SERVICE PROVIDERS ASSUME EMPLOYEES, MAKE NO RESPONSIBILITY FOR THE TIMELINESSREPRESENTATIONS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUME NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO THE DERIVED MATERIALS OR THEIR USE BY LICENSEE. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY THAT THE PRACTICE BY LICENSEE OF THE LICENSE GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT RIGHTS OF ANY THIRD PARTY. UNIVERSITY ADDITIONALLY DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON THE PART OF UNIVERSITY AND ITS AGENTS AND/OR EMPLOYEES FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ AND EXPERTS’ FEES, AND COURT COSTS (EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE USE OF THE WU MATERIALS AND THE DERIVED MATERIALS AND/OR THE DERIVED MATERIAL IMPROVEMENTS LICENSED UNDER THIS AGREEMENT. LICENSEE ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE CAUSED BY USE OF THE MATERIALS PROVIDED HEREUNDER.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ADMINISTRATOR NOR ITS VENDOR MAKES ANY WARRANTY, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO EITHER THE SYSTEM OR THE SERVICE AND AGREE THAT ALL IMPLIED WARRANTIES, INCLUDING THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER ADMINISTRATOR NOR ITS VENDOR SHALL BE LIABLE TO COMPANY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR AS OTHERWISE REQUIRED BY LAW. THE CREDIT UNION SPECIAL OR ANY OTHER DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADMINISTRATOR AND/OR ITS SERVICE PROVIDERS ASSUME VENDOR HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IN NO RESPONSIBILITY EVENT SHALL ADMINISTRATOR, ITS VENDOR, OR ANY OF THEIR RESPECTIVE SUPPLIERS BE HELD LIABLE FOR AMOUNTS IN EXCESS OF THE TOTAL AMOUNT OF CONSIDERATION WHICH VENDOR RECEIVED FROM ADMINISTRATOR DURING THE PREVIOUS SIX (6) MONTHS FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE SERVICES PROVIDED WHICH GAVE RISE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDCLAIM.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE LICENSED PATENT IS PROVIDED ON AN “AS-AS IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN BASIS. ARIZONA does not warrant expressly or impliedly, and hereby expressly disclaims any warranty that the LICENSED PATENT or any LICENSED PRODUCT is suitable for commercial use or is free from infringement of any third party’s patents, copyright, or trademarks. ARIZONA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR AS OTHERWISE REQUIRED BY LAWANY OTHER IMPLIED WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE CREDIT UNION AND/DESCRIPTION ON THE FACE HEREOF. LICENSEE will not make any statements, representations or warranties whatsoever to any person or entity, or accept any liabilities or responsibilities whatsoever from any person or entity that are inconsistent with any disclaimer or limitation included in this Section 9. IN NO EVENT WILL ARIZONA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS AND LOSS OF USE) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, PERFORMANCE OR FAILURE TO STORE ANY USER COMMUNICATION PERFORM UNDER THIS AGREEMENT, OR PERSONALIZATION SETTINGSRESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE LICENSED PATENT, WHETHER DUE TO A BREACH OF CONTRACT, TORT, OR NEGLIGENCE, OR OTHERWISE. YOU UNDERSTAND AND EXPRESSLY AGREE USE THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ARIZONA HAS BEEN ADVISED OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE USE FAILURE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES ESSENTIAL PURPOSE OF ANY KIND, EXPRESS OR IMPLIEDLIMITED REMEDY STATED THEREIN.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-AS- IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERYMIS- DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS EXTERNAL TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE DIGITAL BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE SOFTWARE IS PROVIDED ON AN “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW. THE CREDIT UNION AND/, YOU ACKNOWLEDGE THAT KO WELLNESS WILL NOT BE HELD RESPONSIBLE OR ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY LIABLE FOR THE TIMELINESSANY CLAIMS, DELETIONDAMAGES, MISDELIVERYJUDGMENTS, CHARGES, OR FAILURE FEES ARISING OUT OF OR RELATED TO STORE ANY USER COMMUNICATION YOUR USE OF OR PERSONALIZATION SETTINGSACCESS TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SOFTWARE OR DOWNTIME. YOU UNDERSTAND AND EXPRESSLY AGREE ACKNOWLEDGE THAT YOUR USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE SOFTWARE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT KO WELLNESS’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGESPAID TO USE THE SOFTWARE OR $1,000, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDWHICHEVER IS LESS.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAWYou agree that NICCU shall not be held liable in any manner, if you are unable to gain access to NICCU's website or eStatements, from time to time. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME You understand that some or all of eStatements services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond NICCU's control. WE MAKE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ESTATEMENTS SERVICES, PROVIDED TO YOU UNDER THE AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT ESTATEMENTS SERVICES WILL OPERATE WITHOUT ERROR OR THAT ESTATEMENTS WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT NICCU AND NICCU'S EMPLOYEES, AFFILIATES, AGENTS AND TECHNOLOGY PARTNERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THE AGREEMENT OR BY REASON OF YOUR USE OF ESTATEMENTS SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY.

Disclaimer of Warranties and Limitation of Liability. 5.1 Notice Regarding Licensed Software THE PRODUCT IS COMPLEX COMPUTER SOFTWARE. ITS PERFORMANCE WILL VARY DEPENDING UPON YOUR HARDWARE PLATFORMS AND SOFTWARE CONFIGURATIONS. YOU UNDERSTAND AND AGREE ACKNOWLEDGE THAT THE EXTERNAL TRANSFERS SERVICE PRODUCT IS PROVIDED “AS-IS;” NEITHER FAULT TOLERANT NOR FREE FROM ERRORS, CONFLICTS OR INTERRUPTIONS, THAT THE PRODUCT MAY NOT OPERATE IN COMBINATION WITH OTHER PRODUCTS NOT SPECIFIED BY MNJ Software, AND THAT THE PRODUCT MAY NOT OPERATE OR FUNCTION PROPERLY ON YOUR COMPUTERS. YOU ALSO ACKNOWLEDGE THAT SOFTWARE ERRORS MAY BE IDENTIFIED UPON CUSTOMIZATION OR INSTALLATION OF THE PRODUCT. YOU THEREFORE ACCEPT THE RESPONSIBILITY OF DETERMINING THAT THE PRODUCT IS SUITABLE IN QUALITY AND PERFORMANCE FOR USE ON THE COMPUTER SYSTEMS ON WHICH THE PRODUCT MAY BE INSTALLED. THIS INCLUDES CONDUCTING SUFFICIENT TESTING OF YOUR CUSTOMIZATIONS AND INSTALLATIONS ON COMPUTER SYSTEMS ON WHICH THE PRODUCT MAY BE INSTALLED 5.2 Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN OR HEREIN, THE PRODUCT AND SERVICES ARE PROVIDED TO CUSTOMER ON AN "AS OTHERWISE REQUIRED BY LAWIS" BASIS WITHOUT ANY WARRANTIES WHATSOEVER. CUSTOMER ASSUMES THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESSSELECTION OF THE PRODUCT AS BEING ADEQUATE AND APPROPRIATE FOR ITS PURPOSES. MNJ Software MAKES NO OTHER WARRANTIES, DELETION, MISDELIVERYEXPRESS IMPLIED, OR FAILURE STATUTORY, REGARDING OR RELATING TO STORE ANY USER COMMUNICATION PRODUCT OR PERSONALIZATION SETTINGSSERVICES FURMNJ SoftwareHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. YOU UNDERSTAND MNJ Software EXPRESSLY DISCLAIMS ANY AND EXPRESSLY AGREE USE ALL IMPLIED WARRANTIES OF TITLE, INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, OR ACCURACY OF INFORMATION CONTENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISKPRODUCT AND SERVICES, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH AND WITH RESPECT TO THE USE OF ANY OF THE ELECTRONIC FUNDS TRANSFER SERVICE FOREGOING. CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT: (1) MNJ Software MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SOFTWARE CAN ACCURATELY SUPPORT ALL TAX ASSESSMENT METHODOLOGIES; (2) IT IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR THE CONTENT CALCULATION, AND ACCURACY OF ALL REPORTS AND DOCUMENTS PREPARED IN WHOLE OR IN PART BY USING THE SOFTWARE; (3) USING THE SOFTWARE DOES NOT RELIEVE CUSTOMER OF ANY DAMAGESPROFESSIONAL OR STATUTORY OBLIGATIONS CONCERNING THE PREPARATION AND REVIEW OF SUCH REPORTS AND DOCUMENTS; (4) CUSTOMER CANNOT RELY UPON THE SOFTWARE FOR ANY ADVICE OR DOCUMENTS; AND (5) CUSTOMER WILL INDEPENDENTLY VERIFY ANY CALCULATIONS MADE BY USING THE SOFTWARE AND SATISFY ITSELF THAT THOSE CALCULATIONS ARE CORRECT. 5.3 Limitation of Liability IN NO EVENT WILL MNJ Software BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR REVENUES, INCLUDING WITHOUT LIMITATIONLOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, DAMAGE TO YOUR COMPUTER SYSTEM SYSTEMS, COST OF COVER, OR LOSS INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF DATA ANY KIND RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF MNJ Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, MNJ Software WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY OR FURMNJ SoftwareHING OF ANY SERVICES. MNJ Software’S LIABILITY UNDER ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE GREATER OF THE FEES PAID BY CUSTOMER FOR THE PRODUCT OR SERVICES THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/ARE THE SUBJECT OF THE CLAIM OR DATAONE HUNDRED DOLLARS (US $100.00). EXCEPT AS EXPRESSLY CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEES AND OTHER FEES PAID OR TO BE PAID REFLECT THE ALLOCATION OF RISK SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING THIS AGREEMENT AND DISCLOSURE THAT MNJ Software WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THE LIMITATIONS OF WHICH THESE TERMS AND CONDITIONS ARE A PARTLIABILITY SET FORTH IN THIS AGREEMENT 5.4 Timing of Claims. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.No action arising out of any breach or claimed breach of this Agreement or the transactions contemplated by this Agreement may be brought by you more than one (1) year after the cause of action has occurred. 5.5

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAWYou agree that CCCU shall not be held liable in any manner, if you are unable to gain access to CCCU’s website or eStatements, from time to time. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME You understand that some or all of eStatements services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond CCCU’s control. WE MAKE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ESTATEMENTS SERVICES, PROVIDED TO YOU UNDER THE AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT ESTATEMENTS SERVICES WILL OPERATE WITHOUT ERROR OR THAT ESTATEMENTS WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT RCU AND RCU’S EMPLOYEES, AFFILIATES, AGENTS AND TECHNOLOGY PARTNERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THE AGREEMENT OR BY REASON OF YOUR USE OF ESTATEMENTS SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAWYou agree that RCU shall not be held liable in any manner, if you are unable to gain access to RCU’s website or eStatements, from time to time. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME You understand that some or all of eStatements services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond RCU’s control. WE MAKE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ESTATEMENTS SERVICES, PROVIDED TO YOU UNDER THE AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT ESTATEMENTS SERVICES WILL OPERATE WITHOUT ERROR OR THAT ESTATEMENTS WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT RCU AND RCU’S EMPLOYEES, AFFILIATES, AGENTS AND TECHNOLOGY PARTNERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THE AGREEMENT OR BY REASON OF YOUR USE OF ESTATEMENTS SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT You expressly agree that FTI is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights. THE EXTERNAL TRANSFERS SERVICE IS PROVIDED TO YOU “AS-AS IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN WITHOUT WARRANTY OF ANY KIND. NEITHER FTI, NOR ITS AFFILIATES OR AS OTHERWISE REQUIRED ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. FTI DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY LAW. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM TRANSMITTED IN UNCORRUPTED FORM OR LOSS WITHIN A REASONABLE PERIOD OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATATIME. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE ALL REPRESENTATIONS AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. FTI AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE, OF THE LICENSED SOFTWARE, THE SERVICE, THE exclusive remedy under this Agreement are as expressly set forth herein. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAWYou agree that EIFCU shall not be held liable in any manner, if you are unable to gain access to EIFCU's website or eStatements, from time to time. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME You understand that some or all of eStatements services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond EIFCU's control. WE MAKE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ESTATEMENTS SERVICES, PROVIDED TO YOU UNDER THE AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT ESTATEMENTS SERVICES WILL OPERATE WITHOUT ERROR OR THAT ESTATEMENTS WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT EIFCU AND EIFCU'S EMPLOYEES, AFFILIATES, AGENTS AND TECHNOLOGY PARTNERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THE AGREEMENT OR BY REASON OF YOUR USE OF ESTATEMENTS SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY.

Disclaimer of Warranties and Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE EXTERNAL TRANSFERS SERVICE IS PROVIDED “AS-IS;” EXCEPT AS OTHERWISE PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAWYou agree that LCCU shall not be held liable in any manner, if you are unable to gain access to LCCU’s website or eStatements, from time to time. THE CREDIT UNION AND/OR ITS SERVICE PROVIDERS ASSUME You understand that some or all of eStatements services and/or other system services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond LCCU’s control. WE MAKE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE ONLINE AND MOBILE BANKING AGREEMENT AND DISCLOSURE OF WHICH THESE TERMS AND CONDITIONS ARE A PART. THE CREDIT UNION AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ESTATEMENTS SERVICES, PROVIDED TO YOU UNDER THE AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT ESTATEMENTS SERVICES WILL OPERATE WITHOUT ERROR OR THAT ESTATEMENTS WILL BE AVAILABLE AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT LCCU AND LCCU’S EMPLOYEES, AFFILIATES, AGENTS AND TECHNOLOGY PARTNERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICES OR PRODUCTS PROVIDED UNDER THE AGREEMENT OR BY REASON OF YOUR USE OF ESTATEMENTS SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY OR ANY OTHER LEGAL THEORY.