Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your access to or use of the Site or the Service; • Notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this section of the Agreement and/or your use of the Site or the applicable Service.
Appears in 3 contracts
Samples: Account Agreement, Account Agreement, Account Agreement
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account to Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account to Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “"frame” " material on our Site without our express written permission. We reserve the right to disable links from any third third-party sites to the Site. Remedies – Password and Security If we have reason you are issued or create any password or other credentials to believe that you have engaged in any of access the prohibited Account to Account Transfer Service or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your access to or use portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or the Service; • Notify law enforcement, regulatory authorities, impacted third partiesmake available your password or credentials to any unauthorized individuals, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or demand (including attorneys’ fees) made stolen or incurred by any third party due that someone may attempt to or arising out of your breach of this section of the Agreement and/or your use of them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the applicable telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
Appears in 2 contracts
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “"frame” " material on our Site without our express written permission. We reserve the right to disable links from any third third-party sites to the Site. Remedies – Password and Security If we have reason you are issued or create any password or other credentials to believe that you have engaged in any of access the prohibited Service or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your access to or use portion of the Site through which the Service is offered, you agree not to give or the Service; • Notify law enforcement, regulatory authorities, impacted third partiesmake available your password or credentials to any unauthorized individuals, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or demand (including attorneys’ fees) made stolen or incurred by any third party due that someone may attempt to or arising out of your breach of this section of the Agreement and/or your use of them to access the Site or Service without your consent, you must inform us at once at the applicable Servicetelephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
Appears in 2 contracts
Links and Frames. Links to other sites websites may be provided on our BusinessExpress Online Banking Website or Software, including the portion of the Site our BusinessExpress Online Banking Website or Software through which the External Transfer or Bill Payment Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Business Online Banking Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Siteour BusinessExpress Online Banking Website or Software. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Siteour website. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site our BusinessExpress Online Banking Website or Software may send cookies to users that we do not control. You may link to the home page of our SiteBusinessExpress Online Banking Website or Software. However, you may not link to other pages of our Site BusinessExpress Online Banking Website or Software without our express written permission. You also may not “"frame” " material on our Site BusinessExpress Online Banking Website or Software without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – If we have reason to believe that you have engaged in any of the prohibited our BusinessExpress Online Banking Website or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your access to or use of the Site or the Service; • Notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this section of the Agreement and/or your use of the Site or the applicable ServiceSoftware.
Appears in 2 contracts
Samples: Businessexpress Online Banking Agreement, Businessexpress Online Banking Agreement
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “"frame” " material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – Password and Security. If we you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have reason to provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you have engaged must inform us at once at the telephone number provided in any the section entitled “Notices to Us Regarding the Service” of the prohibited or unauthorized activities described in this General Terms above. See also the section of the Agreement or have otherwise breached your obligations under this section of General Terms entitled “Your Liability for Unauthorized Transfers” regarding how the Agreement, we may: • Terminate, suspend or limit your access to or use of the Site or the Service; • Notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out timeliness of your breach of this section of the Agreement and/or notice impacts your use of the Site or the applicable Serviceliability for unauthorized transfers.
Appears in 1 contract
Samples: Banking Service Agreement
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, you agree that we canshall not be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – If Service Providers We are offering you the Service through one or more Service Providers that we have reason engaged to believe that you have engaged in any of the prohibited render some or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your access to or use of the Site or the Service; • Notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use all of the Service to you on our behalf. However, notwithstanding that we have engaged a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any reason payments or no reason transfers conducted using the Service and at we are solely responsible to you and any timethird party to the extent any liability attaches in connection with the Service. The remedies contained in You agree that we have the right under this section Agreement to delegate to Service Providers all of the Agreement are cumulative and are in addition to the other rights and remedies available to us performance obligations that we have under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and that the Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any Providers will be third party due to or arising out of your breach beneficiaries of this section of Agreement and will be entitled to all the rights and protections that this Agreement and/or your use of the Site or the applicable Serviceprovides to us.
Appears in 1 contract
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account to Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account to Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “"frame” " material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – 29. Password and Security. If we have reason you are issued or create any password or other credentials to believe that you have engaged in any of access the prohibited Account to Account Transfer Service or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your access to or use portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or the Service; • Notify law enforcement, regulatory authorities, impacted third partiesmake available your password or credentials to any unauthorized individuals, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or demand (including attorneys’ fees) made stolen or incurred by any third party due that someone may attempt to or arising out of your breach of this section of the Agreement and/or your use of them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the applicable telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
Appears in 1 contract
Samples: Montana Ebank Agreement
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “"frame” " material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – See also our Online Privacy Statement and our Mobile Banking App Privacy Policy posted on our Site. 24. Access Credentials and Security. If we you are issued or create any Access Credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your Access Credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have reason provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to believe use them to access the Site or Service without your consent, you must inform us AT ONCE by contacting Customer Service (see Part C above). See also the Section above entitled “Unauthorized Transfers and Limits on Your Liability; Loss or Theft of Your Access Credentials” regarding how the timeliness of your notice impacts a consumer’s liability for unauthorized transfers. (If you are not a consumer, you are solely responsible for all instructions, transactions and communications conducted or made using your Access Credentials for verification in accordance with our security procedures, even if not authorized by you. For details, see your Digital Banking Service Agreement, a copy of which is posted in the Agreement Center of your Division’s Website listed in Part C above.) Without limiting the foregoing, you are responsible for the security of any computer or mobile device on which you have stored your password or Access Credentials (including biometric credentials). You should review the provisions in our Digital Banking Service Agreement regarding biometric Access Credentials. By allowing any other person’s biometric identification to become associated with a mobile device that you have engaged in any of the prohibited or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your registered for biometric access to or use of the Site or the Service; • Notify law enforcementour Digital Banking Service and/or our Zelle and Other Payment Services, regulatory authorities, impacted third parties, you are sharing your mobile banking Access Credentials and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service assuming responsibility for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand all mobile banking transactions (including attorneys’ feesZelle transactions) made performed by that other person on that device. We strongly discourage enabling biometric identification for mobile banking on a mobile device that you share with another person, or incurred by any third party due that may be accessible to a person who knows or arising out of may learn the passcode to unlock your breach of this section of the Agreement and/or your use of the Site or the applicable Servicemobile device. 25.
Appears in 1 contract
Samples: Service Agreement
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account to Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account to Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “"frame” " material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – Password and Security If we have reason you are issued or create any password or other credentials to believe that you have engaged in any of access the prohibited Account to Account Transfer Service or unauthorized activities described in this section of the Agreement or have otherwise breached your obligations under this section of the Agreement, we may: • Terminate, suspend or limit your access to or use portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or the Service; • Notify law enforcement, regulatory authorities, impacted third partiesmake available your password or credentials to any unauthorized individuals, and others as we deem appropriate; • Refuse to provide our services to you in the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or demand (including attorneys’ fees) made stolen or incurred by any third party due that someone may attempt to or arising out of your breach of this section of the Agreement and/or your use of them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the applicable telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
Appears in 1 contract
Samples: www.blackridgebank.com
Links and Frames. Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “"click” " on a banner advertisement or a search result, your “"click” " may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “"frame” " material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. Remedies – Password and Security. If we you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have reason to provided such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you have engaged must inform us at once at the telephone number provided in section 27 above. See also section 16 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 31, 32 AND 33 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. Complete Agreement, Severability, Captions, and Survival. This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the prohibited or unauthorized activities described in provisions of this section of the Agreement or have otherwise breached your obligations under this section of the Agreement. Sections 6, we may: • Terminate7, suspend or limit your access to or use of the Site or the Service; • Notify law enforcement26, regulatory authorities, impacted third parties28-37, and others 40-43, as we deem appropriate; • Refuse to provide our services to you in well as any other terms which by their nature should survive, will survive the future; and/or • Take legal action against you. In addition, we reserve the right in our sole discretion, to terminate this section termination of the Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section of the Agreement are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. Indemnification – You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers, and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this section of the Agreement and/or your use of the Site or the applicable Service.
Appears in 1 contract
Samples: Online Banking Service Agreement