Limitations of Our Liability and Obligations to You. To the fullest extent permitted by law and by our other Account Documentation with you, we will not be liable for or obligated to honor, in whole or in part, any transaction or instruction in the following instances: • Due to your actions or omissions, or those of third parties which are not within our immediate and reasonable control; • Due to your negligence or breach of any agreement with us; • If we are unable to confirm to our satisfaction the authority of any person to act on your behalf; • If, through no fault of ours, you do not have adequate funds in your Account to complete the transaction, or if that account has been closed, or if withdrawals from that account have been prohibited by court order such as a garnishment or other legal process; • If you have not properly followed our instructions, or if your computer malfunctions or fails, or if CU Online or any part of the electronic funds transfer system network was not working properly and this problem should have been apparent to you at the time you attempted to make the transaction; • If we reasonably believe a transaction is fraudulent or unauthorized; • Due to scheduled system outages or circumstances beyond our reasonable control despite reasonable precautions that we have taken (e.g. delays or losses caused by telecommunications or internet outages, postal strikes, actions by third parties, equipment failures and acts of God). • If the transaction or instruction is not in accordance with applicable law, our policies and procedures, or any term or condition of this Agreement or any other Account Documentation; • Due to any ambiguity, inaccuracy or omission in any instruction or information provided to us; • Due to your failure to initiate the transaction or instruction within the time requirements communicated by us; • If we have other reasonable cause not to honor the transaction for our or your protection. We shall only be liable to you for our gross negligence or willful misconduct in performing the services provided for herein, unless otherwise required by law. We do not make any representation that any content or use of CU Online is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii. In no event will we or any of our officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers be liable for any consequential (including without limitation, loss of data, files, profit or good...
Limitations of Our Liability and Obligations to You. In no event will ProGrowth Bank or any of its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers be liable for any consequential (including without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute goods or service) indirect, incidental, special or punitive damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with this Agreement, Online Banking, or the inability to use Online Banking, even if advised of the possibility of such damages. ProGrowth Bank will not be liable for any loss or liability you may incur resulting in whole or part from any failure or misuse of your equipment or software provided by an external company such as an Internet browser provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them. ProGrowth Bank does not make any representation that any content or use of Online Banking is appropriate or available for use in locations outside of the continental United States, Alaska or Hawaii. We will not be obligated to honor, in whole or in part, any transaction or instruction which: • is not in accordance with any term or condition of this Agreement or any other agreement applicable to the relevant Online Banking Service or Accessible Account; • we have reason to believe may not be authorized by you or any other person whose authorization we believe is necessary or involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the transaction or instruction; • would violate any applicable rule or regulation of any other federal or state regulatory authority; • is not in accordance with any other requirement of our policies, procedures or practices; or • we have other reasonable cause not to honor for our or your protection. In no event will ProGrowth Bank be liable for any failure of availability or performance due to scheduled system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake, or extreme weather).
