Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD STATE BANK WITH RESPECT TO ANY GLENWOOD STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen alty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: • If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. • If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood Xxxxx State Bank Online Banking are inaccurate or incomplete. • If any part of the Glenwood Xxxxx State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. • If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. • If your funds are subject to legal proceeding or if any other claim restricts the transaction. • If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. • If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. • If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). • If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood Xxxxx State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are a re strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r or punitive damages dama ges or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r contractor and not our agenta gent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD XXXXX STATE BANK WITH RESPECT TO ANY GLENWOOD XXXXX STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD XXXXX STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen altypenalty, expense or other damage resulting res ulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank ba nk or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing exec uting a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any a ny loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions communications facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood Xxxxx State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood Xxxxx State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood Xxxxx State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are a re strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic ele ctronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r or punitive damages dama ges or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r contractor and not our agenta gent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD XXXXX STATE BANK WITH RESPECT TO ANY GLENWOOD XXXXX STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD XXXXX STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting l imiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen altypenalty, expense or other damage resulting res ulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet In xxxxxx access service provider, any federal reserve bank or transmission or communica tions communications facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood Xxxxx State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood Xxxxx State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood Xxxxx State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers tr ansfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r contractor and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD XXXXX STATE BANK WITH RESPECT TO ANY GLENWOOD XXXXX STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD XXXXX STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen altypenalty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilitiesfacili ties, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure fa ilure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet In xxxxxx access service provider, any federal reserve bank or transmission or communica tions communications facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los sloss, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized unauthoriz ed use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er under your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement and Electronic Disclosure
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt c orrect amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: • If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. • If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. • If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. • If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. • If your funds are subject to legal proceeding or if any other claim restricts the transaction. • If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. • If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. • If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). • If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD STATE BANK WITH RESPECT TO ANY GLENWOOD STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen alty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt c orrect amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD STATE BANK WITH RESPECT TO ANY GLENWOOD STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen alty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: • If, through no fault of ours, you do not have enough money in the account (or any linked account) to make ma ke the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. • If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. • If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. • If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. • If your funds are subject to legal proceeding or if any other claim restricts the transaction. • If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. • If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. • If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). • If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD STATE BANK WITH RESPECT TO ANY GLENWOOD STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen alty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions communications facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res that disclosures th at are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements , notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood Xxxxx State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood Xxxxx State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood Xxxxx State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers tr ansfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r contractor and not our agenta gent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU YO U ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD XXXXX STATE BANK WITH RESPECT TO ANY GLENWOOD XXXXX STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD XXXXX STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of o f the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen altypenalty, expense or other damage resulting res ulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet In xxxxxx access service provider, any federal reserve bank or transmission or communica tions communications facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized unauthor ized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: • If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. • If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood Xxxxx State Bank Online Banking are inaccurate or incomplete. • If any part of the Glenwood Xxxxx State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. • If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. • If your funds are subject to legal proceeding or if any other claim restricts the transaction. • If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. • If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. • If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts)us. • If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood Xxxxx State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are a re strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic ele ctronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r or punitive damages dama ges or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r contractor and not our agenta gent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD XXXXX STATE BANK WITH RESPECT TO ANY GLENWOOD XXXXX STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD XXXXX STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting l imiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen altypenalty, expense or other damage resulting res ulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet In xxxxxx access service provider, any federal reserve bank or transmission or communica tions communications facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood Xxxxx State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood Xxxxx State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood Xxxxx State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are a re strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r or punitive damages dama ges or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r contractor and not our agenta gent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD XXXXX STATE BANK WITH RESPECT TO ANY GLENWOOD XXXXX STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD XXXXX STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen altypenalty, expense or other damage resulting res ulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank ba nk or financial institution to execute any bank transfer or stop payment. In addition, we shall be excused from any failure or delay in executing exec uting a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any a ny loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions communications facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los s, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res that disclosures th at are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e complete extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements , notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund fun d transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of o f the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r co ntractor and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD STATE BANK WITH RESPECT TO ANY GLENWOOD STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting lim iting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen alty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraintrestrain t, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall shal l be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los sloss, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized unauthoriz ed use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er under your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res that disclosures th at are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e complete extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements , notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: • If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. • If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. • If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. • If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. • If your funds are subject to legal proceeding or if any other claim restricts the transaction. • If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. • If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. • If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). • If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund fun d transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of o f the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r co ntractor and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD STATE BANK WITH RESPECT TO ANY GLENWOOD STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting lim iting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen alty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraintrestrain t, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall shal l be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout without limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los sloss, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized unauthoriz ed use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er under your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement
Limitation of Bank's Liability. Our liability to you is limited to the extent stated in any other Account and/or loan agreements, notices, and disclosu res disclosures that are separately provided to you from time to time regarding your Accounts and/or this Agreement. This section explains the complet e extent of our liability to you only to the extent that it has not been separately disclosed to you by any of these a greementsagreements, notices, or disclosures. If we do not complete an electronic fund transfer to or from an account in a reasonable amount of time or in the correct amou nt amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: If, through no fault of ours, you do not have enough money in the account (or any linked account) to make the electronic fund transfer or the electronic fund transfer would go over the credit limit on theaccount. If you have not completely and properly followed the terms of this Agreement or instructions provided regarding how to make an electronic fund transfer or the data or instruction transmitted via Glenwood State Bank Online Banking are inaccurate or incomplete. If any part of the Glenwood State Bank Online Banking system was not working properly and you knew about the breakdown when you started your electronic fund transfer. If circumstances beyond our control prevent or delay the electronic fund transfer, despite reasonable precautions that we have taken. If your funds are subject to legal proceeding or if any other claim restricts the transaction. If your Password has been reported lost or stolen or if we have any other reason to believe that an electronic fund transfer may be erroneous or unauthorized. If you, any joint holder, or an authorized cosigner on a Deposit Account has requested that we stop payment of the electronic fund transfer. If you have exceeded the limitations on the number of withdrawals or transfers allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types of savings accounts, including money market deposit accounts). If the Deposit Account has been closed. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Glenwood State Bank Online Banking service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic electroni c fund transfers that cannot be varied or waived by agreement. In no event will the Bank be liable for any consequential, special, o r or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if we have been informed of o f the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an Independent contracto r contractor and not our agent. The Bank’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY GLENWOOD STATE BANK WITH RESPECT TO ANY GLENWOOD STATE BANK ONLINE BANKING SERVICE OR THE SOFTWARE, AND GLENWOOD STATE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without withou t limiting the generality of the foregoing, we shall not be liable at any time to you or any other person for any loss, charge, fee, pen altypenalty, expense or other damage resulting from any failure or delay of the performance of our responsibilities under this Agreement which is caused or occasioned by any act or thing beyond our reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or stop payment. In addition, we shall shal l be excused from any failure or delay in executing a bank transfer or stop payment, if such execution would result in the violati on violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that we shal l shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, w ithout wi thout limitation, the Service provider. Any Internet access service provider, any federal reserve bank or transmission or communica tions facility or any intermediary or receiving financial institution and no such person shall be deemed our agent. Except to the extent of our liability pursuant to the terms of this Agreement or any other agreement or notice that otherwise governs your Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from any and all los sloss, liability, claims, demands, judgments and expenses (including attorney’s fees) arising out of, or in any way connected with, your use or misuse of Online Banking Service. This indemnification is provided by you without regard to whether our claim for indemnification is due to the use of Online Banking Service by you, or your Authorized Representative. Tell us at once if you believe your Online Banking Password has been compromised or if someone has transferred or may transfe r transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized unauthoriz ed use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available und er under your overdraft protection.
Appears in 1 contract
Samples: Online Banking Service Agreement and Electronic Disclosure