Liability for Failure to Make Transfer. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to access to or use of the Services. These difficulties may result in loss of data, personalization settings, or other interruptions. Therefore, we shall not be responsible for the timeliness, deletion, mis‐ delivery, or failure to store any user data, communications, or personalization settings in connection with your use of the Services. Further, we shall not be responsible for the operation, security, functionality, or availability of any Wireless Device or mobile network which you utilize to access the Services. Financial information shown on your Personal Computer or Wireless Device while using the Services reflects the most recent account information available to us, but it may not be current. You agree that we shall not be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly. If we do not complete a transfer to or from your account, or a Bill Payment, on time or in the correct amount according to our agreement with you, we will be liable for your related losses or damages. However, there are some exceptions. We will NOT be liable: • if, through no fault of ours, you do not have enough money in your account to make the transfer • if the transfer would exceed the credit limit on your Line of Credit Loan • if your loan is delinquent • if the device you are working from was not working properly and you knew about the problem when you started the transfer • if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions taken • there may be other exceptions stated in our agreement with you THE FOREGOING SHALL CONSTITUTE EAGLE COMMUNITY CREDIT UNION AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL EAGLE COMMUNITY CREDIT UNION OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
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Samples: www.eaglecu.org, www.eaglecu.org
Liability for Failure to Make Transfer. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to access to or use of the Services. These difficulties may result in loss of data, personalization settings, or other interruptions. Therefore, we shall not be responsible for the timeliness, deletion, mis‐ deliverymisdelivery, or failure to store any user data, communications, or personalization settings in connection with your use of the Services. Further, we shall not be responsible for the operation, security, functionality, or availability of any Wireless Device or mobile network which you utilize to access the Services. Financial information shown on your Personal Computer or Wireless Device while using the Services reflects the most recent account information available to us, but it may not be current. You agree that we shall not be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly. If we do not complete a transfer to or from your account, or a Bill Payment, on time or in the correct amount according to our agreement with you, we will be liable for your related losses or damages. However, there are some exceptions. We will NOT be liable: • if, through no fault of ours, you do not have enough money in your account to make the transfer • if the transfer would exceed the credit limit on your Line of Credit Loan • if your loan is delinquent • if the device you are working from was not working properly and you knew about the problem when you started the transfer • if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions taken • there may be other exceptions stated in our agreement with you THE FOREGOING SHALL CONSTITUTE EAGLE COMMUNITY CREDIT UNION AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL EAGLE COMMUNITY CREDIT UNION OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
Appears in 2 contracts
Samples: www.eaglecu.org, www.eaglecu.org
Liability for Failure to Make Transfer. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to access to or use of the Services. These difficulties may result in loss of data, personalization settings, or other interruptions. Therefore, we shall not be responsible for the timeliness, deletion, mis‐ delivery, or failure to store any user data, communications, or personalization settings in connection with your use of the Services. Further, we shall not be responsible for the operation, security, functionality, or availability of any Wireless Device or mobile network which you utilize to access the Services. Financial information shown on your Personal Computer or Wireless Device while using the Services reflects the most recent account information available to us, but it may not be current. You agree that we shall not be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly. If we do not complete a transfer to or from your account, or a Bill Payment, account on time or in the correct amount according to our agreement with you, we will be liable for your related losses or damages. However, there are some exceptions. We will NOT be liable: • if In the event an ACH Origination date falls on Saturday, Sunday or federal holiday, transfers will be made on the previous business day. If through no fault of ours, you do not have enough money in your account to make the transfer • if If the transfer would exceed go over the credit limit on your Line of Credit Overdraft Protection Loan • if your loan is delinquent • if If the device Automated Teller Machine (ATM) where you are working from making the transfer does not have enough cash If the Automated Teller Machine (ATM), terminal or electronic system being used, was not working properly and you knew about the problem breakdown when you started the transfer • if If circumstances beyond our control (( such as fire fire, flood, earthquake, telecommunication outages or floodstrikes, equipment, power failure or malfunction of central data processing facility, etc.) prevent the transfer, despite reasonable precautions that we have taken • there Your Visa Debit Card, PIN or SAFCU by Phone access code and password you provide is incorrect or incomplete, has been reported lost or stolen, has expired, is damaged so that the ATM cannot read the encoding strip, is retained by us at your request, or your VISA Debit Card PIN, SAFCU by Phone access coded and password has been repeatedly entered incorrectly. Failure to complete the transfer, if done to protect the security of your account and/or the electronic terminal system. We received incorrect or incomplete information from you or from third parties (e.g. U.S. Treasury, an automated clearing house or terminal owner). You are in default on an account you are attempting a transfer. You fail to properly follow SAFCU by Phone, Home Banking or applicable software instructions on how to make a transfer or payment. There is a malfunction in your personal computer browser and/or software. The transfer could not be completed due to system unavailability or a telecommunication or Service Provider Failure There may be other exceptions stated in our agreement with you THE FOREGOING SHALL CONSTITUTE EAGLE COMMUNITY CREDIT UNION AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL EAGLE COMMUNITY CREDIT UNION OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.you
Appears in 1 contract
Samples: Banking Services Agreement
