Common use of LIMITATION OF WARRANTY AND LIABILITY Clause in Contracts

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE IS PROVIDED TO YOU "AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITY.

Appears in 6 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (EXPRESS FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, MERCHANTABILITYWE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 4 contracts

Samples: Account Access Agreement, Moneylink Agreement and Disclosure Statement, Money Tools Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 4 contracts

Samples: Funds Transfer Service Agreement, Funds Transfer Agreement, Funds Transfer Service Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR BANK TO BANK TRANSFERS SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK TO BANK TRANSFERS SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BANK TO BANK TRANSFERS SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE HSBC WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, NON-FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BANK TO BANK TRANSFERS SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE BANK TO BANK TRANSFERS SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE BANK TO BANK TRANSFERS SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE BANK TO BANK TRANSFERS SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE BANK TO BANK TRANSFERS SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 3 contracts

Samples: Personal Internet Banking Terms and Conditions, Personal Internet Banking Terms and Conditions, Personal Internet Banking Terms and Conditions

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED "AS-IS." WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSEXPRESSLY SET FORTH ON THE SERVICE, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE THIRD PARTY RIGHTSACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, MERCHANTABILITYBE UNINTERRUPTED, SATISFACTORY QUALITY TIMELY, SECURE OR FITNESS FOR ANY PARTICULAR PURPOSEERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR CONSEQUENTIAL DAMAGESALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, OR ANY INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO EVEN IF THE AMOUNT BANK HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MOVE MONEY SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MOVE MONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MOVE MONEY SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MOVE MONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 3 contracts

Samples: Move Money Services External Transfers and Loan Payments Agreement, Move Money Services Agreement, Move Money Services Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MOVE MONEY SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MOVE MONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MOVE MONEY SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MOVE MONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR DATA USEERROR-FREE. CSS’ MAXIMUM LIABILITY WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF FROM OR RELATED TO THIS AGREEMENT THE USE OF, INABILITY TO USE, OR YOUR ORDERTHE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER IN CONTRACT OR CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAVE BEEN INFORMED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITYPOSSIBILITY THEREOF, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYEXCEPT AS OTHERWISE REQUIRED BY LAW.

Appears in 3 contracts

Samples: Online & Mobile Banking Agreement, Online and Mobile Banking Agreement, Move Money Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS- DELIVERY, OR TERMS (FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, NON-ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, MERCHANTABILITYWE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 2 contracts

Samples: Coast Eplan Agreement and Disclosure, Coast Eplan Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR Funds Transfer with Customer Assumed Risk SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE Funds Transfer with Customer Assumed Risk SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Funds Transfer with Customer Assumed Risk SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE FinWise Bank WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Funds Transfer with Customer Assumed Risk SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE Funds Transfer with Customer Assumed Risk SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE Funds Transfer with Customer Assumed Risk SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Funds Transfer with Customer Assumed Risk SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE Funds Transfer with Customer Assumed Risk SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 2 contracts

Samples: Funds Transfer With Customer Assumed Risk Agreement, Funds Transfer With Customer Assumed Risk Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED "AS-IS." INSTITUTION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER OMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSEXPRESSLY SET FORTH ON THE SERVICE, WARRANTIESINSTITUTION DISCLAIMS ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY INSTITUTION FROM THE THIRD PARTY RIGHTSACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, MERCHANTABILITYBE UNINTERRUPTED, SATISFACTORY QUALITY TIMELY, SECURE OR FITNESS FOR ANY PARTICULAR PURPOSEERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL INSTITUTION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY INSTITUTION FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR CONSEQUENTIAL DAMAGESALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, OR ANY INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF INSTITUTION HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 2 contracts

Samples: Online and Mobile Banking Agreement, Online and Mobile Banking Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR Funds Transfer & Popmoney SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE Funds Transfer & Popmoney SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Funds Transfer & Popmoney SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE Royal Credit Union WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Funds Transfer & Popmoney SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE Funds Transfer & Popmoney SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE Funds Transfer & Popmoney SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Funds Transfer & Popmoney SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE Funds Transfer & Popmoney SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Funds Transfer & Popmoney Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED "AS-IS." NATIONWIDE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSEXPRESSLY SET FORTH ON THE SERVICE, WARRANTIESNATIONWIDE DISCLAIMS ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY NATIONWIDE FROM THE THIRD PARTY RIGHTSACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, MERCHANTABILITYBE UNINTERRUPTED, SATISFACTORY QUALITY TIMELY, SECURE OR FITNESS FOR ANY PARTICULAR PURPOSEERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL NATIONWIDE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION RETRIEVED BY NATIONWIDE FROM THE THIRD PARTY ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICES, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR CONSEQUENTIAL DAMAGESALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE, OR ANY INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF NATIONWIDE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Terms of Service

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (EXPRESS FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, MERCHANTABILITYWE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Online and Mobile Banking User Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, NON-FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Online Banking Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MOVE MONEY SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MOVE MONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MOVE MONEY SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MOVE MONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR DATA USEERROR-FREE. CSS’ MAXIMUM LIABILITY WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF FROM OR RELATED TO THIS AGREEMENT THE USE OF, INABILITY TO USE, OR YOUR ORDERTHE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER IN CONTRACT OR CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAVE BEEN INFORMED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITYPOSSIBILITY THEREOF, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYEXCEPT AS OTHERWISE REQUIRED BY LAW.

Appears in 1 contract

Samples: Money Movement Service Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR TRANSFER TO OTHER INSTITUTION SERVICE IS PROVIDED "AS- IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE TRANSFER TO OTHER INSTITUTION SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE TRANSFER TO OTHER INSTITUTION SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE FINANCIAL INSTITUTION WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE ONLINE TRANSFER TO OTHER INSTITUTION SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE TRANSFER TO OTHER INSTITUTION SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE TRANSFER TO OTHER INSTITUTION SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE TRANSFER TO OTHER INSTITUTION SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Transfers to Other Institutions Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE EXTERNAL TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THESE TERMS, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL TRANSFER SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE EXTERNAL TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THESE TERMS, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE EXTERNAL TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Personal External Transfer Service Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE IS PROVIDED TO YOU "AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONS6.1 LICENSOR DOES NOT MAKE WARRANTIES OF ANY KIND, WARRANTIES, CONDITIONS, OR TERMS (WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTERELATED TO OR ARISING OUT OF THE LICENSED MARKS. THE LICENSED MARKS ARE PROVIDED "AS IS," AND LICENSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, COMMON LAWFITNESS FOR A PARTICULAR PURPOSE, CUSTOMNON-INFRINGEMENT AND TITLE, USAGE, AND ALL OTHER WARRANTIES THAT MAY OTHERWISE ARISE FROM COURSE OF DEALING, USAGE OF TRADE PRACTICE OR OTHERWISE) AS TO CUSTOM. 6.2 EACH OF THE LICENSED SOFTWAREPARTIES AGREES THAT THE REPRESENTATIONS AND WARRANTIES OF THE OTHER PARTY CONTAINED IN THIS AGREEMENT ARE THE EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THAT SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TITLEANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS OR NON-INFRINGEMENT INFRINGEMENT, ALL OF THIRD PARTY RIGHTSWHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. Neither party shall be entitled in connection with any breach or violation of this Agreement to recover any punitive, MERCHANTABILITYexemplary or other special damages or any indirect, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSEincidental or consequential damages, including without limitation damages relating to loss of profit, business opportunity or business reputation. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECTEach party, INCIDENTALas a material inducement to the other party to enter into and perform its obligations under this Agreement, SPECIALhereby expressly waives its right to assert any claim relating to such damages and agrees not to seek to recover such damages in connection with any action, PUNITIVEsuit or proceeding relating to this Agreement. The foregoing shall not limit the right of either party to indemnification in accordance with Section 5 above, OR CONSEQUENTIAL DAMAGESwith respect to all components of any claim, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYaward or judgment against such party by any third party not an Affiliate with either party to this Agreement.

Appears in 1 contract

Samples: Trademark License Agreement (Medicis Pharmaceutical Corp)

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT PFM IS PROVIDED AS- IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PFM IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND, SATISFACTORY QUALITY WE MAKE NO WARRANTY OR FITNESS FOR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH PFM, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT PFM WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE PFM, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON PFM, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Online and Mobile Banking Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (EXPRESS FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Money Manager Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR External Loans Transfer Service IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE External Loans Transfer Service IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE External Loans Transfer Service IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE Chicago Patrolmen’s Federal Credit Union WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD INTELLECTUAL PROPERTY OR THIRD-PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE External Loans Transfer Service, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE External Loans Transfer Service, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE External Loans Transfer Service WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE External Funds Transfer SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE External Funds Transfer SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: External Loans Transfer Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED "AS-­‐IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-­‐DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT FITNESS FOR A PARTICULAR PURPOSE OR NON-­‐INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Funds Transfer and Popmoney Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT PEOPLE PAY IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF PEOPLE PAY IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PEOPLE PAY IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THESE TERMS, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PEOPLE PAY, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH PEOPLE PAY, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT PEOPLE PAY WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THESE TERMS, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE PEOPLE PAY, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON PEOPLE PAY, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: People Pay Services Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (EXPRESS FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, NON-ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF THIRD INTELLECTUAL PROPERTY OR THIRD-PARTY RIGHTS. FURTHERMORE, MERCHANTABILITYWE MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, SATISFACTORY TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR FITNESS FOR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY PARTICULAR PURPOSEERRORS IN THE TECHNOLOGY WILL BE CORRECTED. LIMITATION NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREDIT HUMAN FEDERAL CREDIT UNION OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. EXCEPT AS DESCRIBED IN THIS AGREEMENT, NEITHER CREDIT HUMAN FEDERAL CREDIT UNION NOR SERVICE PROVIDER NOR ANY OF LIABILITY NEITHER PARTY SHALL THEIR AFFILIATES OR ACCOUNT PROVIDERS WILL BE LIABLE FOR ANY XXXXX, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES OF ANY KIND, OR ANY INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUEGOODWILL, USE, DATA, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OF OR RELATED THE INABILITY TO THIS AGREEMENT OR YOUR ORDERUSE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (iii) ANY PRODUCTS, WHETHER IN CONTRACT OR TORTDATA, INFORMATION, OR OTHERWISESERVICES PURCHASED OR OBTAINED OR MESSAGED RECEIVED OR TRANSACTIONS ENTERED INTO, SHALL BE LIMITED TO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) ANY INACCURACY OF ANY INFORMATION OR AMOUNT OF RETRIEVED BY US FROM THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITY.ACCOUNTS;

Appears in 1 contract

Samples: Emoney Manager Agreement

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LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT FIRST COMMUNITY’S FUNDS TRANSFER SERVICE IS PROVIDED "AS- IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, FIRST COMMUNITY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE FIRST COMMUNITY WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESFIRST COMMUNITY DISCLAIMS ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, NON-FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY FIRST COMMUNITY FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, FIRST COMMUNITY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY FIRST COMMUNITY FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF FIRST COMMUNITY HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: External Funds Transfer Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSSPECIFICALLY PROVIDED IN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN YOUR FUNDS TRANSFER INSTRUCTIONS; (4) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION WHERE YOUR ACCOUNT IS HELD AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION WHERE THE ACCOUNT IS HELD. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: External Funds Transfer Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR Funds Transfer SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE Funds Transfer SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Funds Transfer SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE NEWBURYPORT BANK WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Funds Transfer SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE Funds Transfer SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE Funds Transfer SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Funds Transfer SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE Funds Transfer SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Funds Transfer Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERW ISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OW N DISCRETION AND RISK AND THAT YOU W ILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING W ITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOW NLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BY STATUTEINCLUDING W ITHOUT LIMITATION, COMMON LAWANY WARRANTY OF MERCHANTABILITY, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, MERCHANTABILITYWE MAKE NO W ARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE W ILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Mymax Online Branch Access Agreement and Disclosure Statement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON OUR WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, NON-FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR DATA USEERROR-FREE. CSS’ MAXIMUM LIABILITY WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF FROM OR RELATED TO THIS AGREEMENT THE USE OF, INABILITY TO USE, OR YOUR ORDERTHE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER IN CONTRACT OR CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAVE BEEN INFORMED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITYPOSSIBILITY THEREOF, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYEXCEPT AS OTHERWISE REQUIRED BY LAW.

Appears in 1 contract

Samples: Digital Banking Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER AND POPMONEY SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER AND POPMONEY SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER AND POPMONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE COASTHILLS CREDIT UNION WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER AND POPMONEY SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH FUNDS TRANSFER AND POPMONEY SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE FUNDS TRANSFER AND POPMONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER AND POPMONEY SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Funds Transfer and Popmoney Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR MOVE MONEY SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE MOVE MONEY SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOVE MONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE FINANCIAL INSTITUTION WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOVE MONEY SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE MOVE MONEY SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE MOVE MONEY SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE MOVE MONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE MOVE MONEY SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Move Money Service Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR Funds Transfer with Customer Assumed Risk SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE Funds Transfer with Customer Assumed Risk SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Funds Transfer with Customer Assumed Risk SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE JetStream Federal Credit Union WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Funds Transfer with Customer Assumed Risk SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE Funds Transfer with Customer Assumed Risk SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE Funds Transfer with Customer Assumed Risk SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Funds Transfer with Customer Assumed Risk SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE Funds Transfer with Customer Assumed Risk SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Funds Transfer With Customer Assumed Risk Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS- DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON SUMMIT’S WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Popmoney Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE ORANGE COUNTY'S CREDIT UNION'S WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, NON-FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Funds Transfer Service Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR BANK TO BANK TRANSFERS SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK TO BANK TRANSFERS SERVICE IS AT YOUR SOLE EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE HSBC WEBSITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLEANY WARRANTY OF MERCHANTABILITY, NON-FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BANK TO BANK TRANSFERS SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE BANK TO BANK TRANSFERS SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE BANK TO BANK TRANSFERS SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE BANK TO BANK TRANSFERS SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE BANK TO BANK TRANSFERS SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Personal Internet Banking Terms and Conditions

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (EXPRESS FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, NON-ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF THIRD INTELLECTUAL PROPERTY OR THIRD-PARTY RIGHTS; AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, MERCHANTABILITYTHE ACCURACY, SATISFACTORY QUALITY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS; OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE; ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS; ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY; ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE; ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATA, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDEROTHER INTANGIBLES, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: Ebudget Agreement and Disclosure Statement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT XXXXXX MANAGER IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (EXPRESS FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF EMONEY MANAGER IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERW ISE OBTAINED THROUGH THE USE OF EMONEY MANAGER IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD INTELLECTUAL PROPERTY OR THIRD-PARTY RIGHTS. FURTHERMORE, MERCHANTABILITYWE MAKE NO WARRANTY OR REPRESENTATION THAT: (I) EMONEY MANAGER WILL MEET YOUR REQUIREMENTS; (II) EMONEY MANAGER WILL BE UNINTERRUPTED, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECTTIMELY, INCIDENTAL, SPECIAL, PUNITIVESECURE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL ERROR-FREE; (III) THE RESULTS THAT MAY BE LIMITED TO OBTAINED FROM THE AMOUNT OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS EMONEY MANAGER WILL BE ACCURATE OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITY.RELIABLE;

Appears in 1 contract

Samples: E Sign Disclosure and Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT THE LICENSED SOFTWARE SERVICE IS PROVIDED TO YOU "AS-IS. EXCEPT AS IS”. CSS MAKES OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO WARRANTY AS TO ITS USE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSRESPONSIBILITY FOR THE TIMELINESS, WARRANTIESDELETION, CONDITIONSMIS-DELIVERY, OR TERMS (EXPRESS FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLELIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD INTELLECTUAL PROPERTY OR THIRD-PARTY RIGHTS; AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, MERCHANTABILITYTHE ACCURACY, SATISFACTORY QUALITY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS; OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL, OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE; ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS; ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY; ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE; ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATA, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDEROTHER INTANGIBLES, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITY, AND IF POSSIBILITY OF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGS, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYDAMAGES.

Appears in 1 contract

Samples: My Money Tracker Agreement

LIMITATION OF WARRANTY AND LIABILITY. NO WARRANTY ON LICENSED SOFTWARE THE LICENSED SOFTWARE YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU "UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS IS”. CSS MAKES NO WARRANTY AS TO ITS USE EXPRESSLY SET FORTH ON THE SAFE CREDIT UNION WEB SITE OR PERFORMANCE. CSS MAKES NO REPRESENTATIONSIN THIS AGREEMENT, WARRANTIESWE DISCLAIM ALL WARRANTIES OF ANY KIND, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTEINCLUDING, COMMON LAWWITHOUT LIMITATION, CUSTOMANY WARRANTY OF MERCHANTABILITY, USAGE, COURSE OF DEALING, TRADE PRACTICE FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE) AS TO THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, MERCHANTABILITYAND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, SATISFACTORY QUALITY THE ACCURACY OR FITNESS FOR RELIABILITY OF ANY PARTICULAR PURPOSEINFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. LIMITATION OF LIABILITY NEITHER PARTY SHALL EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVECONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR CONSEQUENTIAL DAMAGESAMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ANY ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUEUSE, DATADATA OR OTHER INTANGIBLES, OR DATA USE. CSS’ MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT EVEN IF WE HAD BEEN ADVISED OF THE FEES YOU PAID CSS UNDER THE SCHEDULE GIVING RISE TO THE LIABILITYPOSSIBILITY OF SUCH DAMAGES. The foregoing notwithstanding, AND IF SUCH DAMAGES RESULT FROM YOUR USE OF PRODUCTS OR SERVICE OFFERINGSwe will use commercially reasonable efforts to post your transaction/instruction properly to the account and comply with these Terms and Conditions. If we do not complete a transfer to or from your account, SUCH LIABILITY SHALL BE LIMITED TO THE FEES YOU PAID CSS FOR THE DEFICIENT SOFTWARE OR SERVICE OFFERINGS GIVING RISE TO THE LIABILITYon time or in the correct amount according to our agreement with you, we will be liable for your related losses or damages. However, we shall incur no liability if we are unable to complete a transaction/instruction initiated by you due to one or more of the following circumstances:  Your error.  Your failure to comply with these Terms and Conditions or the underlying account agreement and disclosure.  If the equipment or software was not working properly and you knew about the malfunction when you started the transaction.  You have not provided complete or correct information.  If, through no fault of ours, you do not have enough money in your account to make the transfer.  If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.  Other exceptions stated in our agreement with you.

Appears in 1 contract

Samples: Online Money Movement Agreement

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