Our Liability for Failure to Make Transactions Sample Clauses

Our Liability for Failure to Make Transactions. ‌ If we do not complete a transfer to or from an account with us on time or in the correct amount according to the MSA, we will be lia- ble for your actual transaction loss or damage. Our sole responsi- bility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers are responsible for any loss, property damage, or bodily injury, whether caused by the equipment, software, Credit Union, or by internet browser providers such as Microsoft (Microsoft Internet Explorer), Apple (Safari), Mozilla (Firefox), Google (Chrome) or by Internet access providers or by online service providers or by an agent or subcon- tractor for any of the foregoing. Nor will we or the service provid- ers be responsible for any direct, indirect, special, or consequen- tial economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, online access services, or Internet browser or access software. In this regard, although we have taken measures to pro- vide security for communications from you to us via the online ac- cess service and may have referred to such communication as “se- cured,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. We will not be liable for the following: • If, through no fault of ours, you do not have adequate funds in an account to complete a transaction, the account is closed or the transaction amount would exceed your credit limit on your line of credit. • If you used the wrong identification code or you have not properly followed any applicable computer, Internet or Credit Union instructions for making transfers. • If your computer fails or malfunctions or if our online access system was not properly working and such a problem should have been apparent when you attempted such a transaction. • If the ATM where you are making the transfer does not oper- ate properly, does not have enough cash or you use a Card improperly. • If circumstances beyond our control (such as fire, flood, tele- communication outages, postal strikes, equipment, or power failure) prevent the transaction. • If the account with us is frozen because of a delinquent loan or is subject to a legal process or other claim. • If the error was caused by a system beyond our control such as your Internet Service Provider, ...
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Our Liability for Failure to Make Transactions. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any loss, prop- erty damage or loss, whether caused by the equipment, software, Credit Union, browser providers or by Internet Service Providers, or by an agent or subcontractor for any of the foregoing. Nor shall we or our service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, online access services, or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via Digital Banking and may have referred to such communication as “se- cured,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by appli- cable law. The Credit Union and our service providers will not be liable for the following: • If, through no fault of ours, you do not have enough available funds in your account to make the transfer, your account is in- active, or the transfer would go over the credit limit on your line of credit, if applicable. • If you used the wrong Credentials or you have not properly fol- lowed any applicable computer, or Credit Union user instruc- tions for making transfer and bill payment transactions. • If your computer fails or malfunctions or the phone lines or Credit Union computer system was not properly working, and such problem should have been apparent when you attempted such transaction. • If circumstances beyond your control (such as fire, flood, tele- communication outages or strikes, equipment or power failure) prevent making the transaction. • If the funds in your account are subject to an administrative hold, legal process, or other claim. • If you have not given the Credit Union complete, correct, and current instructions so the Credit Union can process a transfer. • If, through no fault of ours, a bill payment or funds transfer trans- action does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you a...
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Our Liability for Failure to Make Transactions. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your actual losses or damages however, there are some exceptions.We will not be liable, for instance if: A. Through no fault of ours, you do not have enough available funds in your account to complete the transaction. B. The transaction would go over the credit limit established on your line of credit account. C. The terminal where you are making the transaction does not have enough cash. D. The terminal or the system was not working properly and you knew about the breakdown when you started the transaction. E. Any act, failure to act or delay in acting is caused in whole or in part, by any cause beyond TCU’s reasonable control for example system failure, power failure, natural disaster acts of God or otherwise. F. Your account has been closed or credit privileges have been terminated. G. The card being used has been reported lost or stolen. H. The transaction would exceed the limitations on dollar amounts of withdrawals (see IV. Limitations on Dollar Amounts of Withdrawals). I. If you did not properly follow instructions for making a bill payment, if your bill payment request contained errors or is a duplicate of another bill payment or if you fail to promptly notify TCU after you learn that you have not received credit from a “Payee” for a bill payment. TCU is not responsible for your acts or omissions or those of any other person, including without limitation, any transmission or communications facility, and no such party shall be deemed to be TCU’s agent. In any event,TCU will not be liable for any social, consequential, incidental or punitive losses, damages or expenses in connection with this agreement or the service, even if TCU has knowledge of the possibility of them There may be other exceptions stated in our other agreements with you.
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Our Liability for Failure to Make Transactions. We may restrict access to the Card, temporarily or permanently, if we notice suspicious activity in connection with the Card, and we willnotify you if we do so. We have no liability for restricting access to the Card because of suspected suspicious activity. Access willbe reinstated if we determine that there has been no unauthorized use of the Card. If we do not complete a transfer from the Card on time or in the correct amount according to our Agreement with you(other than for restrictions because of suspicious activity), we will be liable for the correct amount of the transfer. However. there are some exceptions. We will not be liable, for instance: • If throughno fault of ours, a merchant refuses to honor the Card; • If through no fault of ours, you do not have enough money available on the Card to make a purchase; • If the terminal or system wasnot working properly; • If the Card is expired, damaged or revoked; • If the Card has been reported lost or stolen; • If the Bank has reason to believe there is something wrong, for example, that the Card has been stolen; • If the transaction informat ion supplied to the Bank by you or a third party is incorrect or untimely; • If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; • The merchant authorizes an amount greater than the purchase amount. There may be otherapplicable exceptions as otherwise provided by state or federal laws.
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Our Liability for Failure to Make Transactions. If we do not complete a transfer to or from an account with us on time or in the correct amount according to our agreement with you, we will be liable for your actual transaction loss or damage. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers are re- sponsible for any loss, property damage, or bodily injury, whether caused by the equipment, software, Credit Union, or by internet browser providers such as Microsoft (Microsoft Internet Explorer), Apple (Safari), Mozilla (Firefox), Google (Chrome) or by Internet access providers or by online service providers or by an agent or subcontractor for any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or conse- quential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, soft- xxxx, online access services, or Internet browser or access soft- xxxx. In this regard, although we have taken measures to provide security for communications from you to us via the online access service and may have referred to such communication as “se- cured,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. Our Credit Union will not be liable for the following: • If, through no fault of ours, you do not have adequate funds in an account to complete a transaction, the account is terminated, or the transaction amount would exceed your credit limit on your line of credit. • If you used the wrong identification code or you have not responsibilities of the parties under this agreement for transactions initiated before termination.
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Our Liability for Failure to Make Transactions. If we do not complete a transaction arising from the use of your Card on time or in the correct amount according to our agreement with you, if any, we will be liable to you for losses. However, there are some exceptions. We will not be liable, for instance: • If through no fault of ours, you do not have a sufficient balance on your Card to complete a transaction. • If the terminal or system was not working properly. • If circumstances beyond our control (such as flood or fire) prevent the transaction, despite reasonable precautions that we have taken. • There may be other exceptions stated in this Agreement or provided by law. We are not liable to you in any case for special, punitive, or consequential damages or for any incidental expenses incurred by you, including, without limitation, attorneys’ fees.
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Our Liability for Failure to Make Transactions. If we do not complete a transaction arising from the use of your Card on time or in the correct amount according to our agreement with you, if any, we will be liable to you for losses or damages. However, there are some exceptions. We will not be liable, for instance: • If through no fault of ours, a merchant refuses to honor the Card; • If through no fault of ours, you do not have enough money available on the Card to make a purchase; • If the terminal or system was not working properly; • If the Card is expired, damaged, or revoked; • If the Card has been reported lost or stolen; • If the Credit Union has reason to believe there is something wrong, for example, that the Card has been stolen; • If the transaction information supplied to the Credit Union by you or a third party is incorrect or untimely; • If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; • The merchant authorizes an amount greater than the purchase amount. There may be other applicable exceptions as otherwise provided by state or federal laws Records detailing the use of your Card are available by calling 866.902.6082. In case of errors or questions about transactions arising from the use of your Card, or if any records you see show transactions that you did not make, call 000.000.0000 immediately. We must hear from you no later than 60 days after the transaction appeared on the transaction activity report. If a good reason such as a hospital stay or long trip prevented you from telling us, we may, at our discretion, extend the period for a reasonable time. In order to help you with your questions, we will need the following information: • Your name, address, phone number, and Card number. • A description of the error or transaction you are unsure about and why you believe there is an error or why you need more information. • The dollar amount of the suspect error. Once the type of dispute is identified, we will mail you the appropriate paperwork to complete. No other action will be taken until the completed paperwork is received at the address specified in the documentation. Upon receipt of the completed paperwork, we will send you a confirmation letter and begin the investigation. We will determine whether an error occurred within 60 days. If we need more time, however, we may take up to 30 additional days to investigate your complaint or question. If we decide to do this, we will send you a letter. Credi...
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Our Liability for Failure to Make Transactions. If we do not complete a Transaction to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
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Our Liability for Failure to Make Transactions. If we do not complete a transfer to or from an account with us on time or in the correct amount according to the MSA, we will be liable for your actual transaction loss or damage. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers are responsible for any loss, property damage, or bodily injury, whether caused by the equipment, software, Cred- it Union, or by internet browser providers such as Microsoft (Microsoft Internet Ex- plorer), Apple (Safari), Mozilla (Firefox), Google (Chrome) or by Internet access pro- viders or by online service providers or by an agent or subcontractor for any of the foregoing. Nor will we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, online ac- cess services, or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via the Home CU service and may have referred to such communication as “secured,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. We will not be liable for the following: • If, through no fault of ours, you do not have adequate funds in an account to complete a transaction, the account is closed or the transaction amount would exceed your credit limit on your line of credit. • If you used the wrong identification code or you have not properly followed any applicable computer, Internet or Credit Union instructions for making transfers. • If your computer fails or malfunctions or if our Home CU system was not properly working and such a problem should have been apparent when you attempted such a transaction. • If the ATM where you are making the transfer does not operate properly, does not have enough cash or you use a Card improperly. • If circumstances beyond our control (such as fire, flood, telecommunication out- ages, postal strikes, equipment, or power failure) prevent the transaction. • If the account with us is frozen because of a delinquent loan or is subject to a legal process or other claim. • If the error was caused by a system beyond our control such as your Internet Service Provider, any computer virus, or p...
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Related to Our Liability for Failure to Make Transactions

  • Our Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • Failure to Make Payments If the Company fails to make any payment of interest on this Subordinated Note when such interest becomes due and payable and such default continues for a period of 30 days, or if the Company fails to make any payment of the principal of this Subordinated Note when such principal becomes due and payable, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holder, the whole amount then due and payable with respect to this Subordinated Note, with interest upon the overdue principal, any premium and, to the extent permitted by applicable law, upon any overdue installments of interest at the rate or respective rates, as the case may be, provided for or with respect to this Subordinated Note or, if no such rate or rates are so provided, at the rate or respective rates, as the case may be, of interest borne by this Subordinated Note. Upon an Event of Default, the Company may not declare or pay any dividends or distributions on, or redeem, purchase, acquire, or make a liquidation payment with respect to, any of the Company’s capital stock, make any payment of principal or interest or premium, if any, on or repay, repurchase or redeem any debt securities of the Company that rank equal with or junior to this Subordinated Note, or make any payments under any guarantee that ranks equal with or junior to this Subordinated Note, other than: (i) any dividends or distributions in shares of, or options, warrants or rights to subscribe for or purchase shares of, any class of Company’s common stock; (ii) any declaration of a dividend in connection with the implementation of a shareholders’ rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto; (iii) as a result of a reclassification of Company’s capital stock or the exchange or conversion of one class or series of Company’s capital stock for another class or series of Company’s capital stock; (iv) the purchase of fractional interests in shares of Company’s capital stock in accordance with the conversion or exchange provisions of such capital stock or the security being converted or exchanged; or (v) purchases of any class of Company’s common stock related to the issuance of common stock or rights under any benefit plans for Company’s directors, officers or employees or any of Company’s dividend reinvestment plans.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Repurchase Obligation for Defective Documentation and for Breach of Representation and Warranty It is understood and agreed that the representations and warranties set forth in Section 5 shall survive the sale of the Mortgage Loans to the Purchaser and shall inure to the benefit of the Purchaser and any assignee, transferee or designee of the Purchaser, including the Trustee for the benefit of holders of the Mortgage Pass-Through Certificates evidencing an interest in all or a portion of the Mortgage Loans, notwithstanding any restrictive or qualified endorsement on any Mortgage Note or Assignment or the examination or lack of examination of any Mortgage File. With respect to the representations and warranties contained herein that are made to the knowledge or the best knowledge of the Seller, or as to which the Seller has no knowledge, if it is discovered that the substance of any such representation and warranty is inaccurate and the inaccuracy materially and adversely affects the value of the related Mortgage Loan, or the interest therein of the Purchaser or the Purchaser’s assignee, designee or transferee, then notwithstanding the Seller’s lack of knowledge with respect to the substance of such representation and warranty being inaccurate at the time the representation and warranty was made, such inaccuracy shall be deemed a breach of the applicable representation and warranty and the Seller shall take such action described in the following paragraphs of this Section 6 in respect of such Mortgage Loan. Upon discovery by either the Seller or the Purchaser of a breach of any of the foregoing representations and warranties made by the Seller that materially and adversely affects the value of the Mortgage Loans or the interest of the Purchaser (or which materially and adversely affects the interests of the Purchaser in the related Mortgage Loan in the case of a representation and warranty relating to a particular Mortgage Loan), the party discovering such breach shall give prompt written notice to the other. Within 90 days of the earlier of either discovery by or notice to the Seller of any breach of a representation or warranty made by the Seller that materially and adversely affects the value of a Mortgage Loan or the Mortgage Loans or the interest therein of the Purchaser, the Seller shall use its best efforts promptly to cure such breach in all material respects and, if such breach cannot be cured, the Seller shall, at the Purchaser’s option, repurchase such Mortgage Loan at the Purchase Price. The Seller may, at the request of the Purchaser and assuming the Seller has a Qualified Substitute Mortgage Loan, rather than repurchase a deficient Mortgage Loan as provided above, remove such Mortgage Loan and substitute in its place a Qualified Substitute Mortgage Loan or Loans. If the Seller does not provide a Qualified Substitute Mortgage Loan or Loans, it shall repurchase the deficient Mortgage Loan. Any repurchase of a Mortgage Loan(s) pursuant to the foregoing provisions of this Section 6 shall occur on a date designated by the Purchaser and shall be accomplished by deposit in accordance with Section 2.03 of the Pooling and Servicing Agreement. Any repurchase or substitution required by this Section shall be made in a manner consistent with Section 2.03 of the Pooling and Servicing Agreement. At the time of substitution or repurchase by the Seller of any deficient Mortgage Loan, the Purchaser and the Seller shall arrange for the reassignment of the repurchased or substituted Mortgage Loan to the Seller and the delivery to the Seller of any documents held by the Trustee relating to the deficient or repurchased Mortgage Loan. In the event the Purchase Price is deposited in the Collection Account. The Seller shall, simultaneously with such deposit, give written notice to the Purchaser that such deposit has taken place. Upon such repurchase, the Mortgage Loan Schedule shall be amended to reflect the withdrawal of the repurchased Mortgage Loan from this Agreement. As to any Deleted Mortgage Loan for which the Seller substitutes a Qualified Substitute Mortgage Loan or Loans, the Seller shall effect such substitution by delivering to the Purchaser or its designee for such Qualified Substitute Mortgage Loan or Loans the Mortgage Note, the Mortgage, the Assignment and such other documents and agreements as are required by the Pooling and Servicing Agreement, with the Mortgage Note endorsed as required therein. The Seller shall remit for deposit in the Collection Account the Monthly Payment due on such Qualified Substitute Mortgage Loan or Loans in the month following the date of such substitution. Monthly payments due with respect to Qualified Substitute Mortgage Loans in the month of substitution will be retained by the Seller. For the month of substitution, distributions to the Purchaser will include the Monthly Payment due on such Deleted Mortgage Loan in the month of substitution, and the Seller shall thereafter be entitled to retain all amounts subsequently received by the Seller in respect of such Deleted Mortgage Loan. Upon such substitution, the Qualified Substitute Mortgage Loans shall be subject to the terms of this Agreement in all respects, and the Seller shall be deemed to have made with respect to such Qualified Substitute Mortgage Loan or Loans as of the date of substitution, the covenants, representations and warranties set forth in Section 5. It is understood and agreed that the representations and warranties set forth in Section 5 shall survive delivery of the respective Mortgage Files to the Trustee on behalf of the Purchaser. It is understood and agreed that (i) the obligations of the Seller set forth in this Section 6 to cure, repurchase and substitute for a defective Mortgage Loan and (ii) the obligations of the Seller as provided in the next sentence constitute the sole remedies of the Purchaser respecting a missing or defective document or a breach of the representations and warranties contained in Section 5. The Seller shall indemnify the Purchaser and hold it harmless against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and other costs and expenses resulting from any claim, demand, defense or assertion based on or grounded upon, or resulting from, a breach of the representations and warranties contained in Sections 5(a), (c), (d) and (e) this Agreement.

  • Liability for Transfer Taxes The Stockholder agrees to indemnify the Company for any Incremental Transfer Taxes incurred as a result of any direct or indirect transfers of the Company Shares received in connection with the transactions contemplated hereby, or interests therein (other than the receipt of the Merger Consideration by the Stockholder pursuant to the Merger Agreement) within two years after the IPO Closing Date; provided that such Company Shares shall be the Company’s sole recourse with respect to such indemnification obligation. The Stockholder hereby grants a security interest in 50% of its Company Shares received in the Merger to the Company and hereby irrevocably appoints the Company, and any of its agents, officers, or employees as its attorney-in fact, which shall be deemed coupled with an interest, with full power to prepare, execute and deliver any documents, instruments and agreements as may be appropriate to perfect and continue such security interest in favor of the Company. The security interest granted pursuant to this Section 6.05 shall attach to the Company Shares that are not included in the Indemnity Holdback Amount. The Company agrees that the security interest in the Company Shares received by the Stockholder in the Merger may be released, or collateral may be substituted, in accordance with the terms of the Escrow Agreement.

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