OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for certain damages proximately caused by our failure unless: 1. There are insufficient funds in your account to complete the transaction through no fault of ours or the account has been closed. 2. The funds in your account are unavailable. 3. The funds in your account are subject to legal process. 4. The transaction you request would exceed the funds in your account plus any available overdraft credit. 5. Your Password has been reported lost or stolen or your service privileges have been suspended. 6. We have a reason to believe that the transaction requested is unauthorized. 7. The failure is due to an equipment breakdown, which you knew about when you started the transaction. 8. The failure is due to a loss of power or Internet connectivity during your session where you were not provided, or did not record, your transaction confirmation number. 9. The failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control. 10. You attempt to complete a transaction using the service which is not a permissible transaction. 11. The transaction would exceed security limitations on the use of the service. 12. You have not given us complete information or properly followed our procedures on how to complete a transaction. There may be other exceptions in the applicable Deposit Account Agreement or other Agreements between us. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.
Appears in 2 contracts
Samples: Internet Banking Services Agreement, Internet Banking Services Agreement
OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for certain damages proximately ultimately caused by our failure unless:
1. There are insufficient funds in your account to complete the transaction through no fault of ours or the ours.
2. The account has been closed.
23. The funds in your account are unavailable.
34. The funds in your account are subject to legal process.
45. The transaction you request requested would exceed the funds in your account plus any available overdraft credit.
56. Your Password password has been reported lost or stolen stolen, or your service privileges have been suspended.
67. We have a reason to believe that the transaction requested is unauthorized.
78. The failure is due to an equipment breakdown, which you knew about when you started the transaction.
89. The failure is due to a loss of power or Internet connectivity during your session where when you were not provided, or did not record, your transaction confirmation number.
910. The failure was caused by an act of God, a fire (or some other catastrophe), or by an electrical or computer failure failure, or by another cause beyond our control.
1011. You attempt to complete a transaction using the service which that is not a permissible transaction.
1112. The transaction would exceed security limitations on the use of the service.
1213. You have not given us complete information or properly followed our procedures on how to complete a transaction. There may be other exceptions in the applicable our Personal Deposit Account Agreement or other Agreements agreements between us. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER, APPLICATION, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, Digital Banking Agreement 23 / 26 THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES, OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT DIGITAL BANKING AND ALL INFORMATION, SOFTWARE, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES,AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. WE WILL ALSO NOT BE RESPONSIBLE FOR ANY TRANSFER OF FUNDS THE PRIMARY PURPOSE OF WHICH IS THE PURCHASE OR SALE OF SECURITIES OR COMMODITIES REGULATED BY THE SECURITIES AND EXCHANGE COMMISSION OR THE COMMODITY FUTURES TRADING COMMISSION. Digital Banking may only be requested and used by the authorized signers of the business. Authorized signers are those individuals who have been appointed to act on behalf of the business and whose names and signatures are on the physical signature card. Each authorized signer may only access those accounts on which he or she is an authorized signer. Digital Banking with BillPay is established under the name of the authorized signer. When logging in to the service, the user will see his or her own name in the “Welcome” areas, not the name of the business. Additionally, payments scheduled through the BillPay service will bear the name of the signer. To avoid posting issues with your payment, you should, in all instances, include the business name in the “Payment Note” area. Also, note that any authorized signer may transfer funds from your account to his or her personal account unless you ask us not to permit these transfers. If we see your account is a business account, we may also prohibit transfers to personal accounts. Digital Banking Agreement 24 / 26
Appears in 2 contracts
Samples: Digital Banking Agreement, Digital Banking Agreement
OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION. If we fail to complete a transaction to or from your account on time or in the correct amount, when properly instructed by you, we will be liable only for certain damages proximately your actual losses or damages, which you must establish were caused by our failure failure, unless:
1. : • There are insufficient funds in your account to complete the transaction through no fault of ours or the ours. • The account has been closed.
2. • The funds in your account are unavailable.
3. • The funds in your account are “frozen” or subject to legal process.
4process or other encumbrance restricting transactions. • The transaction you request would exceed the amount of available funds in your account plus any available overdraft credit.
5. • Your Password password has been reported lost or stolen or your service privileges have been suspended.
6. Digital Banking Agreement for Business Online and Mobile Banking 22 / 33 • We have a reason to believe that the transaction requested is unauthorized.
7. • The failure is due to an equipment breakdown, which you knew or should have known about when you started the transaction.
8. • The failure is due to a loss of power or Internet connectivity during your session where you were not provided, or did not record, your transaction confirmation number.
9. • The failure was caused was caused by an act of God, fire fire, or some other catastrophe, or by an electrical or computer failure or by another cause or impediment beyond our control.
10. • You attempt to complete a transaction using the service Business Online or Mobile Banking which is not a permissible transaction.
11. • The transaction would exceed security limitations on the use of the service.
12Business Online or Mobile Banking. • You have not given us complete information or properly followed our procedures on how to complete a transaction. There The above list is non-exhaustive, and there may be other exceptions in the applicable your Business Deposit Account Agreement or other Agreements agreements between usus or under applicable law. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM OR RELATED TO BUSINESS ONLINE BANKING, THE BUSINESS MOBILE BANKING APPLICATION, EQUIPMENT, BROWSER, APPLICATION AND / OR THE INSTALLATION OR MAINTENANCE THEREOF; ACCESS TO OR USE OF THE BUSINESS ONLINE BANKING OR THE BUSINESS MOBILE BANKING APPLICATION, OUR DIGITAL PLATFORMS, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF; YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERNET CONNECTIVITY PROBLEMS; BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE APPLICATION; FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS; PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES; OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF BUSINESS ONLINE BANKING AND THE BUSINESS MOBILE BANKING APPLICATION IS AT YOUR SOLE RISK AND THAT BUSINESS ONLINE BANKING AND THE BUSINESS MOBILE BANKING APPLICATION AND ALL INFORMATION, SOFTWARE, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT BUSINESS ONLINE BANKING OR THE BUSINESS MOBILE BANKING APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE UNLESS OTHERWISE EXPRESSLY STATED ON THE SITE OR IN THE APPLICATION, AS APPLICABLE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT Digital Banking Agreement for Business Online and Mobile Banking 23 / 33 PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO BUSINESS ONLINE BANKING AND THE BUSINESS MOBILE BANKING APPLICATION AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM BUSINESS ONLINE BANKING AND/OR THE BUSINESS MOBILE BANKING APPLICATION. NO LICENSE TO YOU IS GRANTED OR IMPLIED IN THESE DISCLAIMERS. WE WILL ALSO NOT BE RESPONSIBLE FOR ANY TRANSFER OF FUNDS THE PRIMARY PURPOSE OF WHICH IS THE PURCHASE OR SALE OF SECURITIES OR COMMODITIES REGULATED BY THE SECURITIES AND EXCHANGE COMMISSION OR THE COMMODITY FUTURES TRADING COMMISSION. LIMITATION OF OUR LIABILITY UNLESS OTHERWISE REQUIRED BY LAW: WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF BUSINESS ONLINE BANKING, THE BUSINESS MOBILE BANKING APPLICATION OR ANY OF THE SERVICES DESCRIBED IN THIS DISCLOSURE STATEMENT AND THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES. WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SOFTWARE OR THE EQUIPMENT YOU USE TO ACCESS BUSINESS ONLINE BANKING OR THE BUSINESS MOBILE BANKING APPLICATION INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES.
Appears in 1 contract
Samples: Digital Banking Agreement
OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for certain damages proximately ultimately caused by our failure unless:
1. There are insufficient funds in your account to complete the transaction through no fault of ours or the ours.
2. The account has been closed.
23. The funds in your account are unavailable.
34. The funds in your account are subject to legal process.
45. The transaction you request requested would exceed the funds in your account plus any available overdraft credit.
56. Your Password password has been reported lost or stolen stolen, or your service privileges have been suspended.
67. We have a reason to believe that the transaction requested is unauthorized.
78. The failure is due to an equipment breakdown, which you knew about when you started the transaction.
89. The failure is due to a loss of power or Internet connectivity during your session where when you were not provided, or did not record, your transaction confirmation number.
910. The failure was caused by an act of God, a fire (or some other catastrophe), or by an electrical or computer failure failure, or by another cause beyond our control.
1011. You attempt to complete a transaction using the service which that is not a permissible transaction.
1112. The transaction would exceed security limitations on the use of the service.
1213. You have not given us complete information or properly followed our procedures on how to complete a transaction. Digital Banking Agreement 22 / 26 There may be other exceptions in the applicable our Personal Deposit Account Agreement or other Agreements agreements between us. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER, APPLICATION AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT DIGITAL BANKING AND ALL INFORMATION, SOFTWARE, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. WE WILL ALSO NOT BE RESPONSIBLE FOR ANY TRANSFER OF FUNDS THE PRIMARY PURPOSE OF WHICH IS THE PURCHASE OR SALE OF SECURITIES OR COMMODITIES REGULATED BY THE SECURITIES AND EXCHANGE COMMISSION OR THE COMMODITY FUTURES TRADING COMMISSION. Digital Banking may only be requested and used by the authorized signers of the business. Authorized signers are those individuals who have been appointed to act on behalf of the business and whose names and signatures are on the physical signature card. Each authorized signer may only access those accounts on which he or she is an authorized signer. Digital Banking Agreement 23 / 26 Digital Banking with BillPay is established under the name of the authorized signer. When logging in to the service, the user will see his or her own name in the “Welcome” areas, not the name of the business. Additionally, payments scheduled through the BillPay service will bear the name of the signer. To avoid posting issues with your payment, you should, in all instances, include the business name in the “Payment Note” area. Also, note that any authorized signer may transfer funds from your account to his or her personal account unless you ask us not to permit these transfers. If we see your account is a business account, we may also prohibit transfers to personal accounts.
Appears in 1 contract
Samples: Digital Banking Agreement
OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for certain damages proximately ultimately caused by our failure unless:
1. There are insufficient funds in your account to complete the transaction through no fault of ours or the ours.
2. The account has been closed.
23. The funds in your account are unavailable.
34. The funds in your account are subject to legal process.
45. The transaction you request requested would exceed the funds in your account plus any available overdraft credit.
56. Your Password password has been reported lost or stolen stolen, or your service privileges have been suspended.
67. We have a reason to believe that the transaction requested is unauthorized.
78. The failure is due to an equipment breakdown, which you knew about when you started the transaction.
89. The failure is due to a loss of power or Internet connectivity during your session where when you were not provided, or did not record, your transaction confirmation number.
910. The failure was caused by an act of God, a fire (or some other catastrophe), or by an electrical or computer failure failure, or by another cause beyond our control.
1011. You attempt to complete a transaction using the service which that is not a permissible transaction.
1112. The transaction would exceed security limitations on the use of the service.
1213. You have not given us complete information or properly followed our procedures on how to complete a transaction. Digital Banking Agreement 22 / 26 There may be other exceptions in the applicable our Personal Deposit Account Agreement or other Agreements agreements between us. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER, APPLICATION, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES, OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT DIGITAL BANKING AND ALL INFORMATION, SOFTWARE, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE OR OUR DIGITAL PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES,AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. WE WILL ALSO NOT BE RESPONSIBLE FOR ANY TRANSFER OF FUNDS THE PRIMARY PURPOSE OF WHICH IS THE PURCHASE OR SALE OF SECURITIES OR COMMODITIES REGULATED BY THE SECURITIES AND EXCHANGE COMMISSION OR THE COMMODITY FUTURES TRADING COMMISSION. Digital Banking may only be requested and used by the authorized signers of the business. Authorized signers are those individuals who have been appointed to act on behalf of the business and whose names and signatures are on the physical signature card. Each authorized signer may only access those accounts on which he or she is an authorized signer. Digital Banking Agreement 23 / 26 Digital Banking with BillPay is established under the name of the authorized signer. When logging in to the service, the user will see his or her own name in the “Welcome” areas, not the name of the business. Additionally, payments scheduled through the BillPay service will bear the name of the signer. To avoid posting issues with your payment, you should, in all instances, include the business name in the “Payment Note” area. Also, note that any authorized signer may transfer funds from your account to his or her personal account unless you ask us not to permit these transfers. If we see your account is a business account, we may also prohibit transfers to personal accounts.
Appears in 1 contract
Samples: Digital Banking Agreement
