Common use of Failure to Perform/Limitation of Liability Clause in Contracts

Failure to Perform/Limitation of Liability. ▪ We and Zelle will use reasonable efforts to process your Zelle transaction request. However, neither we and nor Xxxxx shall have liability to you for any transfers of money, including without limitation (i) any failure, through no fault of us or Zelle, to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Zelle Service. ▪ Additionally neither we nor Xxxxx shall incur liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient funds to complete the transfer; o The Transfer From or To Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the transfer request; o The Zelle Service is not working properly or is not available to us at the time of the Zelle request; o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. o We are not liable for any indirect, special or consequential damages for failing to perform any Zelle transaction request.

Failure to Perform/Limitation of Liability. ▪  We and Zelle will use reasonable efforts to process your Zelle transaction request. However, neither we and nor Xxxxx shall have liability to you for any transfers of money, including without limitation (i) any failure, through no fault of us or Zelle, to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Zelle Service. ▪  Additionally neither we nor Xxxxx shall incur liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient funds to complete the transfer; o The Transfer From or To Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the transfer request; o The Zelle Service is not working properly or is not available to us at the time of the Zelle request; o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. o We are not liable for any indirect, special or consequential damages for failing to perform any Zelle transaction request.