Common use of Limitation of Liability; No Warranties Clause in Contracts

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, TO THE EXTENT PERMITTED BY LAW, PDV WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTION, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS AND/OR THE CLAIMS OF YOUR CUSTOMERS FOR SUCH DAMAGES), THAT YOU MAY INCUR OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CUSTOMER AGREEMENT, THE SITE, SOFTWARE OR THE USE OF (OR INABILITY TO USE) THE SERVICE, THE SOFTWARE, THE SITE OR ANY DEVICE FROM WHICH SERVICE IS OBTAINED OR IS CONNECTED TO PDV’S NETWORK, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OF LIABILITY, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (INCLUDING WIRELESS SERVICES AND ANY SOFTWARE) IS PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE," AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF THE SERVICE, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTY. PDV SHALL HAVE NO LIABILITY TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDV. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITION, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES). e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATIONBROWSER, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS APPLICATION AND/OR THE CLAIMS INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF YOUR CUSTOMERS FOR SUCH DAMAGES)ONLINE BANKING OR OUR DIGITAL PLATFORMS, THAT YOU MAY INCUR AND/OR EXPERIENCE DIRECTLY THE INSTALLATION OR INDIRECTLY RELATING TOMAINTENANCE THEREOF, ARISING OUT ACCESS TO OR USE OF THE ONLINE SERVICE, FAILURE OF ELECTRONIC OR IN CONNECTION WITH THIS AGREEMENTMECHANICAL EQUIPMENT, THE CUSTOMER AGREEMENTINTERNET, THE SITESYSTEM, SOFTWARE OR THE USE COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF (OR INABILITY TO USE) THE SERVICECOMPUTER HARDWARE, THE SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. Termination: We may terminate or suspend this Agreement, EVEN IF PDV WAS ADVISED OF or terminate, suspend or limit your access privileges to Online Banking, in whole or part, at any time for any reason without prior notice, including but not limited to, your failure to access Online Banking for a period of six (6) months or greater, or for reasons involving your use of Online Banking which we may deem to be illegal. You may terminate the use of Online Banking or any service within Online Banking by contacting Campus Federal in writing by mail, email, or personal delivery. If your account is closed or restricted for any reason, Online Banking accessibility will automatically terminate. Arbitration: Any controversy or claim arising out of or relating to this Agreement, except as prohibited by law, shall be settled by binding arbitration. You further agree that any such arbitration shall take place in East Baton Rouge Parish, Louisiana. Judgement upon any award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall determine that prevailing party, and the costs and expenses of the arbitration proceeding, including the arbitrator’s fees, shall be borne by the non-prevailing party, unless otherwise required by law. No provision of this Agreement, nor the exercise of any right under such Agreement, shall waive the arbitration requirement or limit the right of the Credit Union to: (1) obtain provisional or ancillary remedies, such as injunctive relief, writ of attachment, or protective order from a court having jurisdiction before, during, or after the pendency of any arbitration; (2) exercise self-help remedies, such as set-off; (3) exercise any other rights under this Agreement upon the breach of any term or condition herein; or, (4) to proceed with collection through all other legal methods, including, but not limited to, proceeding in court to obtain judgement. Any and all arbitration under this contract will take place on an individual basis; class arbitrations and class actions are not permitted. YOU FURTHER AGREE THAT YOU ARE WAIVING THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Indemnity: You acknowledge and agree that you are personally responsible for your conduct while using Online Banking and agree to indemnify and hold us and our officers, directors, and employees harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of Online Banking or the use of Online Banking by anyone using your Card number, account number, PIN, User ID or Password or your violation of this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception rights of any communication or other non-public informationthird party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of this Agreement. d. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (INCLUDING WIRELESS SERVICES AND ANY SOFTWARE) IS PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE," AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF THE SERVICE, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTY. PDV SHALL HAVE NO LIABILITY TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDV. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITION, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES). e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER AND/OR THE CLAIMS OF YOUR CUSTOMERS FOR SUCH DAMAGES)INSTALLATION OR MAINTENANCE THEREOF, THAT YOU MAY INCUR ACCESS TO OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CUSTOMER AGREEMENT, THE SITE, SOFTWARE OR THE USE OF (OR INABILITY TO USE) THE SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATIO N LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHEREIS" AND “WITH ALL FAULTS” "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY OF ANY KIND AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THAT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF THE SERVICE, OR THAT ANY DATA SENT BY OR TO YOU SERVICE WILL BE TRANSMITTED UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED THROUGH THE SERVICE OR IN UNCORRUPTED FORMANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATIO N, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATIO N, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SERVICE. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDV. YOUR RECOURSE IS IMPLIED IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITION, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES)THESE DISCLAIMERS. e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER APPLICATION AND/OR THE CLAIMS INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF YOUR CUSTOMERS FOR SUCH DAMAGES)THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS, THAT YOU MAY INCUR AND/OR EXPERIENCE DIRECTLY THE INSTALLATION OR INDIRECTLY RELATING TOMAINTENANCE THEREOF, ARISING OUT ACCESS TO OR USE OF THE ONLINE SERVICE, FAILURE OF ELECTRONIC OR IN CONNECTION WITH THIS AGREEMENTMECHANICAL EQUIPMENT, THE CUSTOMER AGREEMENTINTERNET, THE SITESYSTEM, SOFTWARE OR THE USE COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF (OR INABILITY TO USE) THE SERVICECOMPUTER HARDWARE, THE SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHERE-IS" AND “WITH ALL FAULTS” "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY OF ANY KIND AND MAY INCLUDE ERRORSTHAT THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS WILL BE UNINTERRUPTED, OMISSIONS TIMELY, SECURE OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR ERROR- FREE UNLESS OTHERWISE STATED ON THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF IN ANY APPLICABLE AGREEMENT. TO THE SERVICEFULLEST EXTENT PERMITTED BY LAW, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SITES. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDV. YOUR RECOURSE IS IMPLIED IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITION, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES)THESE DISCLAIMERS. e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service. YOU AGREE THAT YOU, NOT WE OR ZELLE, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAWWE, PDV WILL ZELLE, NETWORK BANKS AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT AND SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER AND/OR THE CLAIMS OF YOUR CUSTOMERS FOR SUCH DAMAGES)INSTALLATION OR MAINTENENACE THEREOF, THAT YOU MAY INCUR ACCESS TO OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CUSTOMER AGREEMENT, THE SITE, SOFTWARE OR THE USE OF (OR INABILITY TO USE) THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHERE-IS" AND “WITH ALL FAULTS” "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE AND ZELLE MAKE NO WARRANTY OF ANY KIND AND MAY INCLUDE ERRORSTHAT THE SERVICE WILL BE UNINTERRUPTED, OMISSIONS TIMELY, INVULNERABLE TO CYBER ATTACK, SECURE OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES ERROR-FREE, OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR THAT DEFECTS WILL BE CORRECTED UNLESS OTHERWISE STATED ON THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF IN ANY APPLICABLE AGREEMENT. TO THE SERVICEFULLEST EXTENT PERMITTED BY LAW, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SITES. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDVIS IMPLIED IN THESE DISCLAIMERS.‌ In addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either the Service or products which may be accessed via the Service, including, but not limited to, any account agreements that apply to your Chase Account or, and with all applicable State and Federal laws and regulations. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITIONIn the event of a conflict between the terms of this Agreement and any applicable Chase account agreements with us, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES). e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.the terms of this Agreement will control except as may be otherwise stated herein.‌

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER APPLICATION AND/OR THE CLAIMS INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF YOUR CUSTOMERS FOR SUCH DAMAGES)THE ONLINE SERVICE, THAT YOU MAY INCUR AND/OR EXPERIENCE DIRECTLY THE INSTALLATION OR INDIRECTLY RELATING TOMAINTENANCE THEREOF, ARISING OUT ACCESS TO OR USE OF THE ONLINE SERVICE, FAILURE OF ELECTRONIC OR IN CONNECTION WITH THIS AGREEMENTMECHANICAL EQUIPMENT, THE CUSTOMER AGREEMENTINTERNET, THE SITESYSTEM, SOFTWARE OR THE USE COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF (OR INABILITY TO USE) THE SERVICECOMPUTER HARDWARE, THE SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHERE-IS" AND “WITH ALL FAULTS” "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY OF ANY KIND AND MAY INCLUDE ERRORSTHAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, OMISSIONS TIMELY, SECURE OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF IN ANY APPLICABLE AGREEMENT. TO THE SERVICEFULLEST EXTENT PERMITTED BY LAW, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SITES. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDVIS IMPLIED IN THESE DISCLAIMERS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTYIn addition to this Agreement, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with either this service or products which may be accessed via this service, including, but not limited to, all account agreements, and with all applicable State and Federal laws and regulations. IN ADDITIONTo the extent there is a conflict between the terms of this Agreement and your applicable account agreements with us, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES)the terms and conditions of your account agreement will control except as may be otherwise stated herein. e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER AND/OR THE CLAIMS INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, YOUR CUSTOMERS GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR SUCH DAMAGES)TECHNOLOGY SUPPORT, THAT YOU MAY INCUR FAILURE OF ELECTRONIC OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENTMECHANICAL EQUIPMENT, THE CUSTOMER AGREEMENTINTERNET, THE SITESYSTEM, SOFTWARE OR THE USE COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF (OR INABILITY TO USE) THE SERVICECOMPUTER HARDWARE, THE SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHERE-IS" AND “WITH ALL FAULTS” "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY OF ANY KIND AND MAY INCLUDE ERRORSTHAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, OMISSIONS TIMELY, SECURE OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF IN ANY APPLICABLE AGREEMENT. TO THE SERVICEFULLEST EXTENT PERMITTED BY LAW, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SITES. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDV. YOUR RECOURSE IS IMPLIED IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITION, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES)THESE DISCLAIMERS. e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER AND/OR THE CLAIMS INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, YOUR CUSTOMERS GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR SUCH DAMAGES)TECHNOLOGY SUPPORT, THAT YOU MAY INCUR FAILURE OF ELECTRONIC OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENTMECHANICAL EQUIPMENT, THE CUSTOMER AGREEMENTINTERNET, THE SITESYSTEM, SOFTWARE OR THE USE COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF (OR INABILITY TO USE) THE SERVICECOMPUTER HARDWARE, THE SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHERE-IS" AND “WITH ALL FAULTS” "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY OF ANY KIND AND MAY INCLUDE ERRORSTHAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, OMISSIONS TIMELY, SECURE OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF IN ANY APPLICABLE AGREEMENT. TO THE SERVICEFULLEST EXTENT PERMITTED BY LAW, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SITES. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDV. YOUR RECOURSE IS IMPLIED IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITION, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES)THESE DISCLAIMERS. e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED ‌ EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER AND/OR THE CLAIMS OF YOUR CUSTOMERS FOR SUCH DAMAGES)INSTALLATION OR MAINTENANCE THEREOF, THAT YOU MAY INCUR ACCESS TO OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CUSTOMER AGREEMENT, THE SITE, SOFTWARE OR THE USE OF (OR INABILITY TO USE) THE SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHEREIS" AND “WITH ALL FAULTS” "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY OF ANY KIND AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THAT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF THE SERVICE, OR THAT ANY DATA SENT BY OR TO YOU SERVICE WILL BE TRANSMITTED UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED THROUGH THE SERVICE OR IN UNCORRUPTED FORMANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SERVICE. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDVIS IMPLIED IN THESE DISCLAIMERS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTY. IN ADDITION, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES). e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.Online Payments‌

Limitation of Liability; No Warranties. a. NOTHWITHSTANDING ANYTHING CONTAINED EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO OR WHERE THE CONTRARYLAW REQUIRES A DIFFERENT STANDARD, TO THE EXTENT PERMITTED BY LAW, PDV WILL WE SHALL NOT BE LIABLE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES, CONSEQUENTIALINCLUDING LOST PROFITS, ARISING FROM OR INCIDENTAL OR PUNITIVE DAMAGES OF ANY KINDRELATED TO THE SYSTEM, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR SERVICE MALFUNCTIONEQUIPMENT, LOSS OF INFORMATION, LOSS OF USE, LOST PROFITS AND/OR BUSINESS INTERRUPTION, INACCURATE DATA, LOSS OF DATA, IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR OTHER NON-PUBLIC INFORMATION, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT SERVICES, DOWNTIME COSTS BROWSER AND/OR THE CLAIMS INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF YOUR CUSTOMERS FOR SUCH DAMAGES)OUR ONLINE BANKING SERVICE, THAT YOU MAY INCUR FAILURE OF ELECTRONIC OR EXPERIENCE DIRECTLY OR INDIRECTLY RELATING TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENTMECHANICAL EQUIPMENT, THE CUSTOMER AGREEMENTINTERNET, THE SITESYSTEM, SOFTWARE OR THE USE COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF (OR INABILITY TO USE) THE SERVICECOMPUTER HARDWARE, THE SOFTWARE, THE SITE INTERNET, OR ANY DEVICE FROM WHICH THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE IS OBTAINED PROVIDERS, PROBLEMS OR IS CONNECTED TO PDV’S NETWORKDELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, HOWEVER CAUSED REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER LEGAL THEORY OF LIABILITYPROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, EVEN IF PDV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD OR SHOULD HAVE BEEN FORESEEN. b. Notwithstanding anything contained in this Agreement or the Customer Agreement to the contrary, PDV’s total liability whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise in connection with the Service, Software or the Site from any reason whatsoever will be limited to the direct damages recoverable under law but shall not exceed the Fees paid by you under the Customer Agreement for the Service during the twelve month period preceding the event for which such losses or damages giving rise to such claim occurred. . c. PDV shall have no liability whatsoever to you or any party claiming by or through you for the accuracy, timeliness, completeness or continued availability of the Service or your device or for any damages arising out of your use of your device or any component thereof, including use for mission-critical or emergency communications, High Risk Activities or improper or unauthorized access to or interception of any communication or other non-public information. d. YOU EXPRESSLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE YOUR USE OF THE OUR ONLINE BANKING SERVICE IS AT YOUR OWN RISK. SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING WIRELESS SERVICES THIRD PARTY INFORMATION, PRODUCTS AND ANY SOFTWARECONTENT) IS INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN "AS IS," "AS AND WHEN AVAILABLE,WHERE-IS" AND “WITH ALL FAULTS” BASIS"WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT OUR ONLINE BANKING SERVICE WILL BE UNINTERRUPTED, WITHOUT WARRANTY OF ANY KIND AND MAY INCLUDE ERRORSTIMELY, OMISSIONS SECURE OR OTHER INACURRACIES. PDV MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) OF ANY KIND ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, ACCURACY OR STORAGE CAPABILITY OF THE SERVICE, THE SOFTWARE OR ERROR-FREE UNLESS OTHERWISE EXPRESSLY STATED ON THE SITE OR USER COMMUNICATIONS OR THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED USE OR OPERATION OF IN ANY APPLICABLE AGREEMENT. TO THE SERVICEFULLEST EXTENT PERMITTED BY LAW, OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME. PDV EXPRESSLY DISCLAIMS WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS WARRANTIES AND CONDITIONS OF ANY KINDKIND (EXPRESS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO OUR ONLINE BANKING SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR THOSE ARISING ACCESSIBLE FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT OR ANY OTHER IMPLIED WARRANTYTHE SITES. PDV SHALL HAVE NO LIABILITY LICENSE TO YOU FOR PATENT OR COPYRIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS WITH RESPECT TO ANY SERVICE PROVIDED BY ANY THIRD PARTY THROUGH PDVIS IMPLIED IN THESE DISCLAIMERS. YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY SERVICE SHALL BE SOLELY AGAINST SUCH THIRD PARTYOur records kept in the regular course of business shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive. IN ADDITIONYou agree that we may record any telephone conversations you have with us regarding the services covered by this Agreement. However, PDV DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE, THE SOFTWARE OR THE SITE ARE AT YOUR SOLE RISK AND DISCRETION AND THAT PDV WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING WITHOUT LIMITATION ANY PERSONAL COMPUTER EQUIPMENT, SMARTPHONES OR OTHER WIRELESS COMMUNCIATION DEVICES)we are not obligated to do so and may choose not to in our sole discretion. e. THE FOREGOING LIMITATION OF LAIBILITY AND DISCLAIMER OF WARRANTIES SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE PDV PRODUCT, SOFTWARE OR SERVICE, OR ANY PART THEREOF, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER COMMUNICATION PRODUCTS OR THROUGH PDV BY THE WIRELESS SERVICES PROVIDER AND TO UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED VIA COMMUNICATION LINKS PROVIDED BY THE WIRELESS SERVICES PROVIDER AS PART OF THE SERVICE.