Common use of Limitation of Credit Union’s Liability Clause in Contracts

Limitation of Credit Union’s Liability. In addition to any defense or exception from liability provided in under applicable law, we shall only be responsible for performing the wire transfer service provided in this agreement pursuant to the instruction you give (when acceptable to us and under applicable law) and shall be liable only for our failure to act with “ordinary care” or we if act with willful misconduct, which failure or willful conduct is the proximate cause of such liability. However, our liability in any such case shall be limited to actual damages; and in no matter or case shall we be liable for any special, indirect, exemplary, consequential or punitive damages (including lost profits). Further, we shall in no case be responsible for the payment of any attorneys' fees or other legal expenses. If we become obligated to pay dividends to you under applicable law, you agree that the dividend rate shall be equal to the dividend rate applicable to the account on which the transfer was made. If you make a request which instructs us to wire funds to any foreign country, we have no liability arising or relating to length of time necessary to complete such transactions provided we have acted with ordinary care; and without willful misconduct. You may incur fees from the Credit Union and processing institution for any trace requests made. A foreign wire cannot be traced until 5 business days have passed. Your Liability to the Credit Union – You shall be liable to us for and shall indemnify and hold us harmless from any and all claims, causes of action, damages, expenses (including reasonable attorney’s fees and other legal expenses), liabilities and other losses resulting from acts, omissions, or provision of invalid or inaccurate data by you. Provisional Payment – We may in our sole discretion give you a credit for wire transfers before we receive final settlement of the funds transfer. We reserve the right to reject any such payment or transfer without liability to you. Any such credit is provisional until we receive final settlement. If we do not receive such settlement, we are entitled to a refund from you in the amount provisionally credited. Choice of Law – Except as otherwise required by applicable law, this agreement and any dispute arising hereunder or relating hereto shall be construed and governed by the laws of the State of Maine.

Appears in 3 contracts

Samples: Membership Agreement, Membership Agreement, Membership Agreement

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Limitation of Credit Union’s Liability. In addition to any defense or exception from liability provided in under applicable law, we shall only be responsible for performing the wire funds transfer service provided in this agreement pursuant to the instruction you give (when acceptable to us and under applicable law) and shall be liable only for our failure to act with “ordinary care” or we if act with willful misconduct, which failure or willful conduct is the proximate cause of such liability. However, our liability in any such case shall be limited to actual damages; and in no matter or case shall we be liable for any special, indirect, exemplary, consequential consequential, or punitive damages (including lost profits). Further, we shall in no case be responsible for the payment of any attorneys' fees or other legal expenses. If we become obligated to pay dividends to you under applicable law, you agree that the dividend rate shall be equal to the dividend rate applicable to the account on which the transfer was made. If you make a request which instructs us to wire funds to any foreign country, we have no liability arising or relating to length of time necessary to complete such transactions provided we have acted with ordinary care; and without willful misconduct. You may incur MEMBER ACKNOWLEDGMENT • I acknowledge receipt of the Outgoing Wire Services PIN Agreement and Disclosure, the terms and conditions of which govern all payment orders authorized with my PIN and hereby authorize Coca-Cola Credit Union to debit my account for the wire amount plus applicable fees. • I understand that if the full amount of the wire plus fees from is not available at the time this request is submitted, the wire will not be processed. • I have provided information to the best of my knowledge and hold the Credit Union and processing institution harmless for any trace requests madeerror made based on the information I provided in this document. A foreign wire cannot be traced until 5 business days have passed. Your Liability Remitter’s Signature Date Fax this completed form to the 000-000-0000, or scan & email to xxxxxxxxxxx@xxxx-xxxx.xxx or deliver/mail to Credit Union – You shall be liable to us for office at Coca-Cola Credit Union, PO Box 1734, Atlanta, GA 30301-1734. FOR CREDIT UNION USE ONLY Verified and shall indemnify and hold us harmless from any and all claims, causes of action, damages, expenses (including reasonable attorney’s fees and other legal expenses), liabilities and other losses resulting from acts, omissions, or provision of invalid or inaccurate data by you. Provisional Payment – We may in our sole discretion give you a credit for wire transfers before we receive final settlement of the funds transfer. We reserve the right to reject any such payment or transfer without liability to you. Any such credit is provisional until we receive final settlement. If we do not receive such settlement, we are entitled to a refund from you in the amount provisionally credited. Choice of Law – Except as otherwise required by applicable law, this agreement and any dispute arising hereunder or relating hereto shall be construed and governed by the laws of the State of Maine.documented valid government issued ID on file Form Scanned Employee Name Date

Appears in 1 contract

Samples: Services Pin Agreement

Limitation of Credit Union’s Liability. In addition to any defense or exception from liability li- ability provided in under this Booklet or applicable law, we the Credit Union shall only be responsible for performing the wire transfer service provided in this agreement pursuant to the instruction you give (when acceptable to us and under applicable law) and shall not be liable only for our failure to act with “ordinary care” or we if act with willful misconduct, which failure or willful conduct is the proximate cause of such liability. However, our liability in any such case shall be limited to actual damages; and in no matter or case shall we be liable for any special, indirect, exemplary, consequential or punitive damages (including lost profits). Further, we shall in no case be responsible for the payment of any attorneys' fees or other legal expensesexpenses whatsoever. If we become obligated to pay dividends to you under applicable law, you agree that the dividend rate shall be equal to the dividend rate applicable to the account on which the transfer was made. If you make a request Notice of Receipt of ACH Items. Under the operating rules of the National Automated Clearing House Association which instructs us are applicable to wire funds to any foreign countryACH transactions involving your account, we have no liability arising or relating are not required to length give next day notice to you of time necessary receipt of an ACH item, and we will not do so. However, we will continue to complete such transactions provided notify you of the receipt of payments in the periodic statements we have acted with ordinary care; and without willful misconduct. You may incur fees from the Credit Union and processing institution for any trace requests made. A foreign wire cannot be traced until 5 business days have passed. Your Liability provide to the Credit Union – You shall be liable to us for and shall indemnify and hold us harmless from any and all claims, causes of action, damages, expenses (including reasonable attorney’s fees and other legal expenses), liabilities and other losses resulting from acts, omissions, or provision of invalid or inaccurate data by you. Provisional Payment – Payment. We may in our sole discretion give you a credit for automated clearing house (ACH) payments or wire transfers before we receive final settlement of the funds transfer. We reserve the right to reject any such payment or transfer without liability to you. Any such credit is provisional until we receive final settlement. If we do not receive such settlement, we are entitled to a refund from you in the amount provisionally credited. Choice of Law – Except as otherwise required by applicable law, this agreement Law. We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses (ACH) and any dispute arising hereunder or relating hereto which are not subject to the Electronic Fund Transfer Act and your rights and obligations with re- spect to such payments shall be construed in accordance with Utah law and governed as provided in the operating rules of the National Automated Clearing House Association. UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT (UIGEA) Federal law, the Unlawful Internet Gambling Enforcement Act of 2006 (effective June 1, 2010) and implementing regulations prohibits any person engaged in the business of bet- ting or wagering (as defined in UIGEA) from knowingly accepting payments in connection with the participation of another person in unlawful Internet gambling. Cyprus Federal Credit Union is required to enforce that prohibition. It is Cyprus Federal Credit Union’s policy to not open any account for business members held with the intent to conduct or engage in this type of activity. If we discover or determine that an existing business member transacts or engages in unlawful internet gambling as defined by the UIGEA, we reserves the right to restrict services or terminate the account relationship. Fair Credit Reporting Act Disclosure As affiliates, Cyprus Federal Credit Union and Cyprus Financial Services and Insurance are permitted by law to share any information about their transactions or experiences with you. Information taken from credit reports may also be exchanged but will not be shared if you notify us in writing. If you elect to opt out of this information exchange, please indicate your intentions on the attached form and mail it as instructed. PRIVACY NOTICE FACTS WHAT DOES CYPRUS CREDIT UNION DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:  Name, address, Social Security Number and income  Account balances and payment history  Account transactions and credit card or other debt When you are no longer our member, we continue to share your information as described in this notice. How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Cyprus Credit Union chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does Cyprus Credit Union Share? Can you limit this sharing? For our everyday business purposes– such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes– To offer our products and services to you Yes No For joint marketing with other financial companies Yes No For our affiliates’ everyday business purposes– Information about your transactions and experiences Yes No For our affiliates’ everyday business purposes– Information about your creditworthiness No We do not share or our affiliates to market to you No We do not share For nonaffiliates to market to you No We do not share Questions? Call (000) 000-0000, toll-free (000) 000-0000 or go to xxxxxxxx.xxx Who we are Who is providing this notice? Cyprus Credit Union What we do How does Cyprus Credit Union protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products and services to you. Cyprus Credit Union tests and assesses its information security measures, trains employee, and adopts upgrades and enhancements as necessary to protect your information. How does We collect your personal information, for example, when you:  Open an account or deposit/withdraw money  Pay your bills or apply for any service  Provide us information on any online application or transaction, or information you send to us by email  Use your credit or debit card(s) We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Cyprus Credit Union collect my personal information? Why can’t I limit all sharing? Federal law gives you the right to limit only:  sharing for affiliates’ everyday business purposes – information about your creditworthiness  affiliates from using your information to market to you  sharing for nonaffiliates to market to you State laws of the State of Maineand individual companies may give you additional rights to limit sharing.

Appears in 1 contract

Samples: www.cypruscu.com

Limitation of Credit Union’s Liability. In addition to any defense or exception from liability provided in under applicable law, we shall only be responsible for performing the wire transfer service provided in this agreement pursuant to the instruction you give (when acceptable to us and under applicable law) and shall be liable only for our failure to act with “ordinary care” or we if act with willful misconduct, which failure or willful conduct is the proximate cause of such liability. However, our liability in any such case shall be limited to actual damages; and in no matter or case shall we be liable for any special, indirect, exemplary, consequential or punitive damages (including lost profits). Further, we shall in no case be responsible for the payment of any attorneys' fees or other legal expenses. If we become obligated to pay dividends to you under applicable law, you agree that the dividend rate shall be equal to the dividend rate applicable to the account on which the transfer was made. If you make a request which instructs us to wire funds to any foreign country, we have no liability arising or relating to length of time necessary to complete such transactions provided we have acted with ordinary care; , and without willful misconduct. You may incur fees from the Credit Union and processing institution for any trace requests made. A foreign wire cannot be traced until 5 business days have passed. Your Liability to the Credit Union – You shall be liable to us for and shall indemnify and hold us harmless from any and all claims, causes of action, damages, expenses (including reasonable attorney’s fees and other legal expenses), liabilities and other losses resulting from acts, omissions, or provision of invalid or inaccurate data by you. Provisional Payment – We may in our sole discretion give you a credit for wire transfers before we receive final settlement of the funds transfer. We reserve the right to reject any such payment or transfer without liability to you. Any such credit is provisional until we receive final settlement. If we do not receive such settlement, we are entitled to a refund from you in the amount provisionally credited. Choice of Law – Except as otherwise required by applicable law, this agreement and any dispute arising hereunder or relating hereto shall be construed and governed by the laws of the State of Maine.

Appears in 1 contract

Samples: Membership Agreement

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Limitation of Credit Union’s Liability. In addition to any defense or exception from liability provided in under this Booklet or applicable law, we the Credit Union shall only be responsible for performing the wire transfer service provided in this agreement pursuant to the instruction you give (when acceptable to us and under applicable law) and shall not be liable only for our failure to act with “ordinary care” or we if act with willful misconduct, which failure or willful conduct is the proximate cause of such liability. However, our liability in any such case shall be limited to actual damages; and in no matter or case shall we be liable for any special, indirect, exemplary, consequential consequential, or punitive damages (including lost profits). Further, we shall in no case be responsible for the payment of any attorneys' fees or other legal expensesexpenses whatsoever. If we become obligated to pay dividends to you under applicable law, you agree that the dividend rate shall be equal to the dividend rate applicable to the account on which the transfer was made. If you make a request Notice of Receipt of ACH Items. Under the operating rules of the National Automated Clearing House Association which instructs us are applicable to wire funds to any foreign countryACH transactions involving your account, we have no liability arising or relating are not required to length give next day notice to you of time necessary receipt of an ACH item, and we will not do so. However, we will continue to complete such transactions provided notify you of the receipt of payments in the periodic statements we have acted with ordinary care; and without willful misconduct. You may incur fees from the Credit Union and processing institution for any trace requests made. A foreign wire cannot be traced until 5 business days have passed. Your Liability provide to the Credit Union – You shall be liable to us for and shall indemnify and hold us harmless from any and all claims, causes of action, damages, expenses (including reasonable attorney’s fees and other legal expenses), liabilities and other losses resulting from acts, omissions, or provision of invalid or inaccurate data by you. Provisional Payment – Payment. We may in our sole discretion give you a credit for automated clearing house (ACH) payments or wire transfers before we receive final settlement of the funds transfer. We reserve the right to reject any such payment or transfer without liability to you. Any such credit is provisional until we receive final settlement. If we do not receive such settlement, we are entitled to a refund from you in the amount provisionally credited. Choice of Law – Except as otherwise required by applicable law, this agreement Law. We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses (ACH) and any dispute arising hereunder or relating hereto which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with Utah law and governed as provided in the operating rules of the National Automated Clearing House Association. UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT (UIGEA) Federal law, the Unlawful Internet Gambling Enforcement Act of 2006 (effective June 1, 2010) and implementing regulations prohibits any person engaged in the business of betting or wagering (as defined in UIGEA) from knowingly accepting payments in connection with the participation of another person in unlawful Internet gambling. Cyprus Federal Credit Union is required to enforce that prohibition. It is Cyprus Federal Credit Union’s policy to not open any account for business members held with the intent to conduct or engage in this type of activity. If we discover or determine that an existing business member transacts or engages in unlawful internet gambling as defined by the UIGEA, we reserve the right to restrict services or terminate the account relationship. Fair Credit Reporting Act Disclosure As affiliates, Cyprus Federal Credit Union and Cyprus Financial Services and Insurance are permitted by law to share any information about their transactions or experiences with you. Information taken from credit reports may also be exchanged but will not be shared if you notify us in writing. If you elect to opt out of this information exchange, please indicate your intentions on the attached form and mail it as instructed. PRIVACY NOTICE FACTS WHAT DOES CYPRUS CREDIT UNION DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: ∙ Name, address, Social Security Number and income ∙ Account balances and payment history ∙ Account transactions and credit card or other debt When you are no longer our member, we continue to share your information as described in this notice. How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Cyprus Credit Union chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does Cyprus Credit Union Share? Can you limit this sharing? For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes - To offer our products and services to you. Yes No For joint marketing with other financial companies Yes No For our affiliates' everyday business purposes - Information about your transactions and experiences Yes No For our affiliates' everyday business purposes - Information about your creditworthiness No We do not share Or our affiliates to market to you No We do not share For nonaffiliates to market to you No We do not share Questions? Call (000) 000-0000, toll-free (000) 000-0000 or go to xxx.xxxxxxxx.xxx Who we are Who is providing this notice? Cyprus Credit Union What we do How does Cyprus Credit Union protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products and services to you. Cyprus Credit Union tests and assesses its information security measures, trains employee, and adopts upgrades and enhancements as necessary to protect your information. How does Cyprus Credit Union collect my personal information? We collect your personal information, for example, when you: ∙ Open an account or deposit/withdraw money ∙ Pay your bills or apply for any service ∙ Provide us information on any online application or transaction, or information you send to us by email ∙ Use your credit or debit card(s) We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only: ∙ sharing for affiliates' everyday business purposes - information about your creditworthiness ∙ affiliates from using your information to market to you ∙ sharing for nonaffiliates to market to you State laws of the State of Maineand individual companies may give you additional rights to limit sharing.

Appears in 1 contract

Samples: Membership and Account Agreement

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