Common use of LIMITATION OF WARRANTY AND LIABILITY Clause in Contracts

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that Avidia Bank’s external 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 external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external 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 expressly set forth on Avidia Bank’s consumer internet banking application or in this Agreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of 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 external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by Avidia Bank from the accounts or that the external funds transfer service will meet any user’s requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer 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 external funds transfer service, any loss of, unauthorized access to or 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, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that Avidia Bankthe bank’s external 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 Of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external 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 expressly set forth on Avidia Bankthe bank’s consumer internet banking application web site or in this Agreementagreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of 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 external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by Avidia Bank the bank from the accounts or that the external funds transfer service will meet any user’s 's requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer 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 external funds transfer service, any loss of, unauthorized access to or alteration of a user’s '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, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand Understand and agree that Avidia Bank’s external funds transfer service Agree That Our Funds Transfer Service is provided Provided “as- as-is.” except Except as otherwise provided Otherwise Provided in this agreement This Agreement or as required Required by lawLaw, we assume no responsibility We Assume No Responsibility for the timelinessTimeliness, deletionDeletion, misMis-delivery or failure Failure to store any user communications Store Any User Communications or personalization settingsPersonalization Settings. You understand Understand and expressly agree that use Expressly Agree That Use of the external funds transfer service Funds Transfer Service is at your sole riskYour Sole Risk, that any material That Any Material and/or data downloaded Data Downloaded or otherwise obtained through Otherwise Obtained Through the use Use of the external funds transfer service Funds Transfer Service is downloaded Downloaded or obtained Obtained at your own discretion Your Own Discretion and risk Risk and that you will be solely responsible That You Will Be Solely Responsible for any damagesAny Damages, including without limitation damage Including Without Limitation Damage to your computer system Or loss Your Computer System or Loss of data that results from Data That Results From the download Download or the obtaining Obtaining of such material Such Material and/or data; Data. Except as expressly set forth Expressly Set Forth on Avidia Bank’s consumer internet banking application the Central One Federal Credit Union Web Site or in this This Agreement, we disclaim all warranties We Disclaim All Warranties of any kindAny Kind, express Express or impliedImplied, including without limitation any warranty Including Without Limitation Any Warranty of merchantabilityMerchantability, fitness Fitness for a particular purpose Particular Purpose or non-Non- infringement of intellectual property Intellectual Property or third party rightsThird Party Rights, and we make no warranty We Make No Warranty or representation regarding Representation Regarding the results that may be obtained from Results That May Be Obtained From the use Use of the external funds transfer serviceFunds Transfer Service, the accuracy Accuracy or reliability Reliability of any information obtained through Any Information Obtained Through the external funds transfer serviceFunds Transfer Service, the accuracy Accuracy of any information retrieved Any Information Retrieved by Avidia Bank from Us From the accounts Accounts or that That the external funds transfer service will meet any userFunds Transfer Service Will Meet Any User’s requirementsRequirements, be uninterruptedBe Uninterrupted, timelyTimely, secure Secure or error free,except Error Free. Except as described Described in this agreementThis Agreement, we will not be liable We Will Not Be Liable for any directAny Direct, indirectIndirect, incidentalIncidental, specialSpecial, consequential Consequential or punitive damages Punitive Damages of any kind resulting from Any Kind Resulting From the use Use of or the inability Inability to use Use the external funds transfer serviceFunds Transfer Service, any inaccuracy Any Inaccuracy of any information Any Information or amount retrieved Amount Retrieved by us from Us From the accountsAccounts, any breach Any Breach of security caused Security Caused by a third partyThird Party, any transactions entered into based Any Transactions Entered Into Based on the external funds transfer serviceFunds Transfer Service, any loss Any Loss of, unauthorized access Unauthorized Access to or alteration Alteration of a userUser’s transmissions Transmissions or data Data or for the cost Cost of procurement Procurement of substitute goods Substitute Goods and servicesServices, including Including but not limited Not Limited to damages Damages for loss Loss of profitsProfits, useUse, data Data or other intangiblesOther Intangibles, even Even if we had been advised We Had Been Advised of the possibility Possibility of such damagesSuch Damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that Avidia Bank’s external funds transfer service the Service is provided “as- as-is” , except as otherwise provided in this agreement Agreement or as required by law, we . We assume no responsibility for the timelinesstimelines, deletion, mis-delivery delivery, or failure to store any user communications or personalization settings. You understand and expressly agree that use of the external funds transfer service Service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external funds transfer service Service is downloaded or obtained at your own discretion and risk risk, and that you will be solely responsible for any damages, including without limitation limitation, damage to your computer system Or 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 Avidia Bank’s consumer internet banking application the website or in this Agreement, we disclaim all warranties of any kind, express expressed or implied, including without limitation limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, ; and we make no warranty or of representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy accuracy, or reliability of any information obtained through the external funds transfer serviceService, the accuracy of any information retrieved by Avidia Bank us from the accounts Accounts; or that the external funds transfer service Service will meet any user’s 's requirements, be uninterrupted, timely, secure secure, or error free,except . Except as described in this agreementAgreement, we will not be liable for any direct, indirect, incidental, special, consequential consequential, or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer service, Service; any inaccuracy of any information or amount retrieved by us from the accounts, Accounts; any breach of security caused by a third party, ; any transactions entered into based on the external funds transfer service, Service; any loss of, unauthorized access to to, or alteration of a user’s '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, use, data data, or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand 8.1 The Platform Services and agree that Avidia Bank’s external funds transfer service is Wallet Services are provided to you on an “as- isAS IS” except as otherwise provided in this agreement or as required and “AS AVAILABLE" basis and without any warranty, to the maximum extent permissible by law, we assume no responsibility for the timeliness, deletion, mis-delivery . No representations or failure to store any user communications or personalization settings. You understand and expressly agree that use of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external 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 expressly set forth on Avidia Bank’s consumer internet banking application or in this Agreement, we disclaim all warranties of any kind, implied, express or impliedstatutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform Services and Wallet Services. Without prejudice to the generality of the foregoing, Xion Global does not warrant any of the following: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and information contained in the Platform Services and Wallet Services; (b) that the Platform Services and Wallet Services are free from any computer viruses or other malicious, destructive or corrupting code, agent, program or macros; or (c) the security of any information transmitted by you or to you through the Platform Services and Wallet Services, and you accept the risk that that any information transmitted or received through the Platform Services and Wallet Services may be, for example, accessed by unauthorized third parties, as well as auth or disclosed by Xion Global or its officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. 8.2 We will not be liable or responsible for any act or event beyond our control, including without limitation any warranty of merchantabilitythe matters listed in Clause 6. 8.3 To the maximum extent permitted by law, fitness for a particular purpose or non-infringement of intellectual property or third party rightswe (including our and our subsidiaries’ shareholders, directors, officers, employees, and we make no warranty or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by Avidia Bank from the accounts or that the external funds transfer service will meet any user’s requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will agents) shall not be liable for any directpersonal injury, indirect, incidental, special, exemplary, consequential or punitive damages of any kind resulting from the use of damages, or the inability to use the external funds transfer 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 external funds transfer service, any loss of, unauthorized access to of profits or alteration revenues (regardless 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, use, data or other intangibles, even if whether we had been were advised of the possibility of such damages), whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform Services and Wallet Services; (b) any conduct or content of any third party on the Platform Services and Wallet Services. 8.4 You agree to indemnify Xion Global against any Losses incurred due to your use (or misuse) of the Services.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that Avidia Bankthe bank’s external funds transfer service is provided “as- 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 Of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external 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 expressly set forth on Avidia Bankthe bank’s consumer internet banking application web site or in this Agreementagreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of 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 external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by Avidia Bank the bank from the accounts or that the external funds transfer service will meet any user’s requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer 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 external funds transfer service, any loss of, unauthorized access to or 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, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that Avidia Bank’s the external funds transfer service is provided “as- as-is” except . Except as otherwise provided in this agreement or as required by law, we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store any any, user communications or personalization settings. You understand and expressly agree that your use of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the your use of the external 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 damages that results result from the download or the obtaining of such material and/or data; . Except as expressly set forth on Avidia Bank’s consumer internet banking application the family trust web site or in this Agreementagreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and we . We make no warranty or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by Avidia Bank us from the accounts or that the external funds transfer service will meet any user’s 's requirements, be uninterrupted, timely, secure or error error-free,except . Except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer 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 external funds transfer service, any loss of, unauthorized access to or alteration of a user’s '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, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. Our Content is intended as a professional reference tool. You understand are responsible for using professional judgment and for confirming and interpreting the data reported in our Content before using or relying on such information. We anticipate that the Site will be available for access 24 hours per day throughout the year and we agree that Avidia Bank’s external funds transfer service is provided “as- is” except as otherwise provided to make every reasonable effort to resolve promptly any disruption of access or other error in connection with the Site. OUR CONTENT IS PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR YOUR PARTICULAR PURPOSE. LICENSE In return for Subscriber's compliance with all of the terms of this agreement or as required by lawAgreement (including, if you are a paying subscriber, payment of the applicable subscription fee), and subject to all of the limitations noted above and below, we assume hereby grant to you a limited, nonexclusive, nontransferable license to access and display on your personal computer monitor(s) our Content solely for your personal use. Sequential free trials from the same user and/or the same company are strictly prohibited. SCOPE OF YOUR LICENSE Access Limited to You: Subscriber agrees that under no responsibility circumstances may you permit any other person or entity, including your fellow employees or YOUR SECURITY OBLIGATIONS In the event that Subscriber has reason to believe that someone has obtained unauthorized access to our Content, Subscriber agrees (i) to notify us within 30 days of all information in Subscriber's possession regarding such potential unauthorized access, (ii) to take reasonable action to resolve the unauthorized access, and (iii) to cooperate with us in resolving the unauthorized access. We will not hold Subscriber liable for unauthorized access if Subscriber complies with this paragraph, unless Subscriber has willfully breached the limitations of this license. LENGTH OF YOUR LICENSE Your license will continue through the conclusion of any free trial period and for as long as you are a paid subscriber to our service, provided that Subscriber complies with the terms and conditions of this Agreement. We may terminate your license and restrict, suspend or terminate your access to our Content for any reason or no reason effective upon written notice to you if we tender a prorated refund of any fee you have paid for the timelinesslicense. If Subscriber has violated this Agreement (for example, deletion, mis-delivery or failure by providing access to store any user communications or personalization settings. You understand our Content to unauthorized persons,) we may terminate your license immediately without notice and expressly agree that use of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external 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 expressly set forth on Avidia Bank’s consumer internet banking application or in this Agreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of 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 external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by Avidia Bank from the accounts or that the external funds transfer service will meet any user’s requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability obligated to use the external funds transfer service, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by provide a third party, any transactions entered into based on the external funds transfer service, any loss of, unauthorized access refund to or 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, use, data or other intangibles, even if we had been advised of the possibility of such damagesyou.