Limitations of Institution’s Responsibility for Processing Transactions Sample Clauses

Limitations of Institution’s Responsibility for Processing Transactions. EXCEPT AS EXPRESSLY SET FORTH ON OUR WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NON- INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE BANKING SERVICE, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. There are some exceptions to the Institution’s liability for processing transactions on the consumer’s accounts. We will not be liable, for instance: i. If, through no fault of ours, you do not have enough money in your account to make the transfer; ii. If the transfer would exceed the funds available under any overdraft protection (transfer) plan or overdraft privilege service (ODP) or line of credit; iii. If the funds in your account were attached or the transfer cannot be made because of legal restrictions affecting your account; iv. If the systems were not working properly and you knew about the breakdown when performing the transaction; v. If circumstances beyond our control such as interruption of telephone service or telecommunication facilities, or natural disaster (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken; vi. If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a bill payment; vii. If you have not properly followed the instructions for using the Institution’s Online Banking Service; viii. If your operating system or software was not properly installed or functioning properly; or ix. There may be other exceptions stated in our agreement with you. Finally, the Online Banking and Bill Pay Services are provided to you by Fiserv. Our service provider is an independent contractor and is not our agent. To the extent permitted by applicable law, we will not be responsible for any error, damage or other loss caused by our service provider. You agree that we shall not be responsible for any loss, property damage or bodily injury arising out of or resulting from the failure of any person to provide you with access to our Online Banking Service, whether caused by the equipment, software, the Institution, Internet service providers, Internet browsers, or the parties providing...
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Related to Limitations of Institution’s Responsibility for Processing Transactions

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