Our Liability. Unless expressly prohibited or otherwise restricted by applicable law or this Agreement, our liability is limited as follows: We shall not be liable to you or to any third party for performing or failing to perform the Services, except for our gross negligence or willful misconduct in connection with the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 3 contracts
Samples: Business Online Banking Agreement, Business Online Banking Agreement, Business Online Banking Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Sikorsky Financial Credit Union, Inc. is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Sikorsky Financial Credit Union, Inc. shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Sikorsky Financial Credit Union, Inc. hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Sikorsky Financial Credit Union, including without limitationInc. website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL FUNDS TRANSFER AND POPMONEY SERVICE IS PROVIDED "AS- IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, acts of civilWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, military or banking authoritiesDELETION, national emergenciesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL FUNDS TRANSFER AND POPMONEY SERVICE IS AT YOUR SOLE RISK, warTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, riotsINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE SIKORSKY FINANCIAL CREDIT UNION, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINC. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL FUNDS TRANSFER AND POPMONEY SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL FUNDS TRANSFER AND POPMONEY SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL FUNDS TRANSFER AND POPMONEY SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EXTERNAL FUNDS TRANSFER AND POPMONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL FUNDS TRANSFER AND POPMONEY SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 3 contracts
Samples: www.sikorskycu.org, www.ebanksikorskycu.org, www.ebanksikorskycu.org
Our Liability. Unless expressly prohibited Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Accounts through the Services. Furthermore, unless otherwise restricted required by applicable law or law, we will only be responsible for performing the Services as expressly stated in this Agreement, our liability is limited as follows: We shall not and will only be liable for material losses incurred by you to you or to any third party for performing or failing to perform the Services, except for extent such losses directly result from our gross negligence or willful intentional misconduct in connection with the performance of (or failure to perform) any of performing the Services. Without limiting Further, in no event shall Katahdin Trust Company’s liability exceed the generality of amounts paid by you for the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information services provided to you through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE WE HAVE LIABILITY FOR DIRECT, INDIRECTANY CONSEQUENTIAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES ARISING OUT OF IS BASED ON TORT OR CONTRACT OR WHETHER WE KNEW OR SHOULD HAVE KNOWN THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES IN ANY CIRCUMSTANCES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERSWe will not be obligated to honor, WHETHER ORAL OR WRITTENin whole or in part, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you any transaction or instruction which: is not in accordance with any term or condition applicable to the relevant Services or Eligible Account; we have reason to believe that your User ID and Password have been stolen may not be authorized by you or compromised (any third person whose authorization we believe it is necessary or may be compromised) involves funds subject to a hold, dispute, restriction or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address legal process we believe prevents their withdrawal; would result in Katahdin Trust Company exceeding any limitation of our Electronic Banking Department are listed at the end intra-day net funds position established pursuant to present or future federal or state regulatory guidelines; would violate any applicable provision of this Agreement. You should also immediately change any risk control program or applicable rule or regulation of applicable federal or state regulator; is not in accordance with any other requirement of our applicable policies, procedures or practices; or we have reasonable cause not to honor it for our or your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayprotection.
Appears in 2 contracts
Samples: Online Banking Agreement, Online Banking Agreement and Disclosure
Our Liability. Unless expressly prohibited If we do not provide Popmoney®, External Transfers and Loan Payments instructions on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s account. Sun East is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Sun East shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct in connection with the performance on our part or if we breach a representation or warranty of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of Sun East under this Agreement. You should also immediately change agree that your User ID and Passwordtransfer instructions constitute authorization for us to complete the transfer. You will represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not be liable under any circumstances for any unauthorized transaction losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that occurs after we receive your notice are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or if our website was not working properly and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to you knew about the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on malfunction when you started the following business dayExternal Transfers and Loan Payments.
Appears in 2 contracts
Samples: Move Money Agreement, Move Money Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. Altra is not responsible or liable if your financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Altra shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Altra hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer. You also understand and agree that we are not responsible for any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Altra website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL ACCOUNTS TRANSFER SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER ALTRA WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL ACCOUNTS TRANSFER SERVICE, THE ACCURACYOFANYINFORMATIONRETRIEVEDBYUSFROMTHEACCOUNTSORTHATTHEEXTERNALACCOUNTSTRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EXTERNAL ACCOUNTS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL ACCOUNTS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 2 contracts
Samples: Transfer Agreement, www.altra.org
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. U1CU is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We U1CU shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct in connection with on our part or if we breach a representation or warranty of U1CU hereunder. You agree that your transfer instructions constitute authorization for us to complete the performance transfer. Transfers of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid funds made by you to us for third party accounts are non-revocable and cannot be reversed without the Services during third party’s written consent, even if you have made an error in the calendar month immediately preceding amount transferred or the month in account to which the event giving rise funds are transferred. You represent and warrant to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If us that you have reason enough money in the applicable Accounts to believe make any funds transfer you request that we make on your User ID behalf through the Service. You understand and Password have been stolen agree that we are not liable under any circumstances for any losses or compromised (or may be compromised) or that a Xxxx Paymentdamages if, Transfer or other Service has been or may be made with your User ID and Password without your permissionthrough no fault of ours, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours do not have enough money to make the funds transfer and the funds transfer is not completed or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at is later reversed or if your financial institution does not permit the end of this Agreementtransfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You should also immediately change your User ID understand and Password. You will agree that we are not be liable responsible for any unauthorized transaction that occurs after we receive your notice losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if the U1CU website was not working properly and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to you knew about the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on breakdown when you started the following business dayfunds transfer.
Appears in 2 contracts
Samples: www.u1cu.org, www.u1cu.org
Our Liability. Unless expressly prohibited or otherwise restricted by applicable law or If we fail to provide the Service in accordance with the terms and conditions of this Agreement, our liability is limited as follows: we shall be responsible for correcting improper Account information. We shall are not be responsible or liable to you for incomplete, incorrect, failed or late Account information due to any third party for performing other financial institution system failures, errors, or failing to perform the Services, except for our gross negligence or willful misconduct in connection with the performance of (or failure to perform) any of the Servicesmistakes. Without limiting the generality of the foregoingExcept as otherwise required by law, we shall not in no other event be liable for delays which happen because any losses, fees, overdraft charges, or damages other than those arising from our breach of reasons a representation or warranty provided herein. You agree that your use of the Service constitutes authorization for us to obtain information related to your accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if you suffer a loss based on the accuracy of information provided to you through the Service. You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond our controlsuch party's reasonable control and without its negligent or willful misconduct, including including, without limitation, acts of civilGod, military or banking authoritiesnatural disasters, national emergenciesterrorist acts, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet war or other service provider hostilities, labor disputes, civil disturbances, governmental acts, orders or browser software regulations, third-party nonperformance or any computer failurefailures or fluctuations in electrical power, whether caused by a virus heat, light, air conditioning or otherwisetelecommunications equipment. IfLimitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, for any reasonWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, we are adjudged liable to youDELETION, your recovery will be limited to your actual damagesMIS- DELIVERY, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurredOR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK MAKES NO WARRANTY WITH RESPECT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE SERVICES TO BE RENDERED UNDER DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD-PARTY RIGHTS; AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS; OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTALCONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES SERVICE; ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS; ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY; ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE; ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 2 contracts
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. OneUnited Bank is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We OneUnited Bank shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of OneUnited Bank hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a OneUnited Bank or if the OneUnited Bank website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE ONEUNITED BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 2 contracts
Samples: www.oneunitedonline.com, bboc.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Financial Institution is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Financial Institution shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Financial Institution hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Financial Institution website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER FINANCIAL INSTITUTION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.northcountry.org
Our Liability. Unless expressly prohibited If we do not provide funds transfer instructions on time, if we cause an incorrect amount to be removed from an Account, or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instructions, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s account. SAFE is not responsible or liable if your or the Recipient’s financial institution’s system fails, and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We SAFE shall not in no other event be liable to you for any losses or to any third party for performing or failing to perform the Services, except for our damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of SAFE hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if SAFE does not permit the transfer or the funds transfer would exceed the balance in the account or the credit limit on any applicable overdraft line, or the transfer would exceed the limit of the Services. Without limiting the generality of the foregoing, six withdrawals/transfers from a savings account per Regulation D. You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, flood) prevent us from making a funds transfer or if the unavailability of SAFE Credit Union website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: www.safecu.org
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. CAP COM is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We CAP COM shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of CAP COM hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a transfer or if the CAP COM website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER CAP COM WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.capcomfcu.org
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking accounts. Unless expressly prohibited or otherwise restricted required by applicable law or law, we are only responsible for performing the Online Banking services as delineated in this Agreement, . We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our liability is limited as follows: gross negligence. We shall will not be liable to you or to any third party for performing or failing to perform in the Services, except for our gross negligence or willful misconduct in connection with the performance of (or failure to perform) any following instances: If through no fault of the ServicesBank, you do not have enough money in your account to make the transfer. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons If circumstances beyond our controlcontrol (such as fire, including flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. If your transfer authorization terminates by operation of law. If you believe someone has accessed your accounts without limitation, acts your permission and you fail to notify the Bank immediately. If you have not properly followed the instructions on how to make a transfer included in this Agreement. If we have received incomplete or inaccurate information from you involving the account or transfer. If we have a reasonable basis for believing that unauthorized use of civil, military your Password or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipmentaccount has occurred or may be occurring or if you default under this Agreement, the unavailability of the Servicesdeposit account agreement, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software a credit agreement or any computer failureother agreement with us, whether caused by a virus or otherwise. If, for any reason, if we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by or you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEterminate this Agreement. IN NO EVENT WILL THE BANK BE LIABLE SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR DIRECT, ANY INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayTHIS AGREEMENT.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds fr om an Account to be transferred to any account other than the responsible for returning the improperly transferred funds and/or for directing any misdirected funds to Global is not responsible or liable if your or the otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Global shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Global hereunder. You agree that your transfer instructions constitute a uthorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not perm it the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if Global website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS- IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EX PRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER EXCEPT AS EXPRESSLY SET FORTH ON THEGLOBAL WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: globalcu.org
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. Achieve Financial Credit Union is not responsible or liable if your financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Achieve Financial Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Achieve Financial Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer. You also understand and agree that we are not responsible for any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Achieve Financial Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL ACCOUNTS TRANSFER SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER ACHIEVE FINANCIAL CREDIT UNION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL ACCOUNTS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL ACCOUNTS TRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EXTERNAL ACCOUNTS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RE- TRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL ACCOUNTS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.achievefinancialcu.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. BankFinancial, NA is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We BankFinancial, NA shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of BankFinancial, NA hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a BankFinancial, including without limitationNA or if the BankFinancial, acts NA website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of civilWarranty and Liability YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, military or banking authoritiesWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, national emergenciesDELETION, warMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, riotsTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, unavoidable difficulties with our equipmentINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE BANKFINANCIAL, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER NA WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Na Agreement
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment service account. Unless expressly prohibited or otherwise restricted required by applicable law or law, we are only responsible for performing the Online Banking services as delineated in this Agreement, . We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our liability is limited as follows: gross negligence. We shall will not be liable to you in the following instances: • If through no fault of the credit union, you do not have sufficient available funds in your account to make the transfer or payment. • If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer or payment despite reasonable precautions that we have taken. • If there is a hold on your account, or if access to any your account is blocked, in accordance with credit union policy. • If your funds are subject to a legal proceeding or other encumbrance restricting the transfer or payment. • If your transfer authorization terminated by operation of law. • If you believe someone has accessed your accounts without your permission and you fail to notify the credit union immediately. • If you have not properly followed the instructions on how to make a transfer included in this Agreement. • If we have received incomplete or inaccurate information from you or a third party involving the account, transfer or payment. • If we have a reasonable basis for performing believing that unauthorized use of your Password or failing to perform the Services, except for our gross negligence account has occurred or willful misconduct in connection with the performance of (may be occurring or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipmentif you default under this Agreement, the unavailability of Membership Agreement and the Services, any errors in information provided through the Services, any difficulties caused by any Internet Share Account Information and Disclosure or other service provider or browser software a credit agreement or any computer failureother agreement with us, whether caused by a virus or otherwiseif we or you terminate this Agreement. If• If the account has been closed. • If the transfer would go over the credit limit on your overdraft line of credit, for any reasonOverdraft Protection Account limit, we are adjudged liable or if the overdraft line of credit or Overdraft Protection has been closed. • If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you, your recovery will you when you attempted the transfer. • If you had knowledge of or questions about the possible malfunction of our system when you initiated the transaction. • It can be limited shown that the merchant or payee received the payment within the normal delivery timeframe and failed to your actual damages, in an amount not to exceed six times process the total fees and charges paid by you to payment through no fault of this financial institution and/or our service providers. Other applicable laws and/or regulations exempt us for the Services during the calendar month immediately preceding the month in which the event giving rise to our from liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR DIRECT, ANY INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayTHIS AGREEMENT.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Lake Trust is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Lake Trust shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Lake Trust hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Lake Trust website was not working properly and you knew about the breakdown when you started the funds transfer. LIMITATION OF WARRANTY AND XXXXXXXXX.XXX UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER LAKE TRUST WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment services accounts. Unless expressly prohibited or otherwise restricted required by applicable law or law, we are only responsible for performing the Online Banking and Bill Payment services as delineated in this Agreement, . We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our liability is limited as follows: gross negligence. We shall will not be liable to you in the following instances: If through no fault of the Bank, you do not have enough money in your account to make the transfer. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. If there is a hold on your account, or if access to any your account is blocked, in accordance with banking policy. If your funds are subject to a legal proceeding or other encumbrance is restricting the transfer. If your transfer authorization terminates by operation of law. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. If you have not properly followed the instructions on how to make a transfer included in this Agreement. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. If we have a reasonable basis for performing believing that unauthorized use of your Password or failing to perform the Services, except for our gross negligence account has occurred or willful misconduct in connection with the performance of (may be occurring or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipmentif you default under this Agreement, the unavailability of the Servicesdeposit account agreement, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software a credit agreement or any computer failureother agreement with us, whether caused by a virus or otherwise. If, for any reason, if we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by or you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEterminate this Agreement. IN NO EVENT WILL THE BANK BE LIABLE SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR DIRECT, ANY INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayTHIS AGREEMENT.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Affinity Federal Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Affinity Federal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Affinity Federal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Affinity Federal Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER FINANCIAL INSTITUTION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.affinityfcu.org
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. JetStream Federal Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We JetStream Federal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of JetStream Federal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties flood) prevent us from making a Funds Transfer with our equipment, Customer Assumed Risk or if the unavailability of JetStream Federal Credit Union website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: Assumed Risk Agreement
Our Liability. Unless expressly prohibited Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and your use of Online Banking. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to Online Banking. Furthermore, unless otherwise restricted required by applicable law or law, we will only be responsible for performing the Available Services as expressly stated in this Agreement, our liability is limited as follows: We shall not and will only be liable for material losses incurred by you to you or to any third party for performing or failing to perform the Services, except for extent such losses directly result from our gross negligence or willful intentional misconduct in connection with the performance of (or failure to perform) any of performing the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE WE HAVE LIABILITY FOR DIRECT, INDIRECTANY CONSEQUENTIAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES ARISING OUT OF IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES IN ANY CIRCUMSTANCES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERSWe will not be obligated to honor, WHETHER ORAL OR WRITTENin whole or in part, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Available Service; • we have reason to believe that your User ID and Password have been stolen may not be authorized by you or compromised (any third person whose authorization we believe is necessary or may be compromised) involves funds subject to a hold, dispute, restriction or that a Xxxx Payment, Transfer legal process we believe prevents their withdrawal; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other Service has been federal or may be made state regulatory authority; • is not in accordance with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address any other requirement of our Electronic Banking Department applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your protection. Your Indemnification Except to the extent that we are listed at liable under the end terms of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or an agreement that otherwise governs your Account, if you are an owner of an Account accessed through Bremer Online Banking, you agree to otherwise exercise ordinary care contributed indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with your Account or the performance of an Available Service. This indemnification is provided without regard to whether our claim for indemnification is due to the unauthorized Xxxx Payment, Transfer use of Bremer Online Banking by you or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayAuthorized Representative.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an account or if we cause funds from an account to be transferred to any account other than the account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper account. We are not responsible or liable if your financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We we shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Credit Union West hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer. You also understand and agree that we are not responsible for any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, flood) prevent us from making a funds transfer or if the unavailability of Credit Union West website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwisefunds transfer. If, You also understand and agree that we are not responsible for any reasonlosses or damages resulting from inaccurate information and/or instructions. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR SERVICE IS PROVIDED “AS-IS.” EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, we are adjudged liable to youWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, your recovery will be limited to your actual damagesDELETION, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurredMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK MAKES NO WARRANTY WITH RESPECT EXTERNAL ACCOUNTS TRANSFER SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE SERVICES TO BE RENDERED UNDER DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE CREDIT UNION WEST WEBSITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL ACCOUNTS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL ACCOUNTS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL ACCOUNTS TRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EXTERNAL ACCOUNTS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL ACCOUNTS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.cuwest.org
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or otherwise restricted by if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable law funds transfer instruction, we shall be responsible only for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or this Agreementintended recipient’s account, and our liability is limited in each instance to the amount of the transfer request. East West Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as follows: We otherwise required by law, East West Bank shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of East West Bank hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer using the Service. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts control (such as fire or flood) prevent us from making a funds transfer or if the East West Bank website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees Warranty and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER Liability YOU UNDERSTAND AND AGREE THAT OUR POPMONEY SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE POPMONEY SERVICE IS AT YOUR SOLE RISK; THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE POPMONEY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK; AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ACCURACYDAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE EAST WEST BANK WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POPMONEY SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE POPMONEY SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE POPMONEY SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. IN NO EVENT WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, PROVIDING THE SERVICE TO YOU, OR YOUR USING THE SERVICE, INCLUDING BUT NOT LIMITED TO SUCH DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES POPMONEY SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE POPMONEY SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.eastwestbank.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Sikorsky Financial Credit Union, Inc. is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Sikorsky Financial Credit Union, Inc. shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Sikorsky Financial Credit Union, Inc. hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Sikorsky Financial Credit Union, including without limitationInc. website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL FUNDS TRANSFER AND ZELLE SERVICE IS PROVIDED "AS- IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, acts of civilWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, military or banking authoritiesDELETION, national emergenciesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL FUNDS TRANSFER AND ZELLE SERVICE IS AT YOUR SOLE RISK, warTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, riotsINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE SIKORSKY FINANCIAL CREDIT UNION, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINC. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL FUNDS TRANSFER AND ZELLE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL FUNDS TRANSFER AND ZELLE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL FUNDS TRANSFER AND ZELLE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EXTERNAL FUNDS TRANSFER AND ZELLE SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL FUNDS TRANSFER AND ZELLE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.sikorskycu.org
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Royal Credit Union is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Royal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Royal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not 000 Xxxxxxxxxx Xxxxxxx • Eau Claire, WI 54702-0970 • 000-000-0000 xxx.xxx permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, flood) prevent us from making a Funds Transfer & Popmoney or if the unavailability of Royal Credit Union website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: files.rcu.org
Our Liability. Unless expressly prohibited Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Accounts through Mobile Banking. Furthermore, unless otherwise restricted required by applicable law or law, we will only be responsible for performing Mobile Banking services as expressly stated in this Agreement, our liability is limited as follows: We shall not and will only be liable for material losses incurred by you to you or to any third party for performing or failing to perform the Services, except for extent such losses directly result from our gross negligence or willful intentional misconduct in connection with performing the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEMobile Banking services. IN NO EVENT WILL THE BANK BE LIABLE WE HAVE LIABILITY FOR DIRECT, INDIRECTANY CONSEQUENTIAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES ARISING OUT OF IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES IN ANY CIRCUMSTANCES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERSWe will not be obligated to honor, WHETHER ORAL OR WRITTENin whole or in part, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you any transaction or instruction which: • Is not accordance with any term or condition applicable to the relevant Mobile Banking service or Account • We have reason to believe that your User ID and Password have been stolen may not be authorized by you or compromised (any third person whose authorization we believe is necessary or may be compromised) involves funds subject to a hold, dispute, restriction or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify legal process we believe prevents their withdrawal; • Would result in us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address exceeding any limitation of our Electronic Banking Department are listed at intra-day net funds position established pursuant to present or future Federal Reserve guidelines; • Would violate any applicable provision of any risk control program of the end Federal Reserve or any applicable rule or regulation of this Agreement. You should also immediately change any other federal or state regulatory authority; • Is not in accordance with any other requirement of our applicable policies, procedures or practices; or • We have reasonable cause not to honor for our or your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayprotection.
Appears in 1 contract
Samples: www.the-bank-er.com
Our Liability. Unless expressly prohibited Except to the extent caused by a Force Majeure event, if we do not provide External Transfer instructions on time, if we cause an incorrect amount to be removed from an Eligible Account or if we cause funds from an Eligible Account to be transferred to any account other than the Eligible Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Eligible Account or intended Recipient’s account. We are not responsible or liable if you or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We we shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct in connection with the performance of (on our part or failure to perform) any if we breach a representation or warranty of the ServicesBank hereunder. Without limiting You agree that your External Transfer instructions constitute authorization for us to complete the generality transfer. You represent and warrant to us that you have enough money in the applicable Eligible Accounts to make any transfer you request and that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the foregoing, External Transfer and transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military for example a Force Majeure event that prevent us from making a funds transfer or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, if the unavailability of Bank’s website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: Amerant Digital Services Terms
Our Liability. Unless expressly prohibited If we do not complete a transaction to or otherwise restricted by applicable law from your Card on time or in the correct amount according to the terms of this Agreement, our liability is limited as follows: We shall not be liable to you or to any third party for performing or failing to perform the Services, except for our gross negligence or willful misconduct in connection with the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not will be liable for delays which happen because your losses or damages to the extent required by federal law; however, there are some exceptions. We will not be liable, for instance, if, through no fault of reasons ours, there are insufficient funds on your Card to process a transaction; a merchant refuses to honor the Card; the system or point of sale (POS) terminal was not working properly and you knew about the breakdown when you started the transaction; the Card is expired, damaged, or revoked; circumstances beyond our controlcontrol (such as fire or flood) prevent or delay the transaction from being completed, including without limitationdespite reasonable precautions that we have taken; you attempt to use a Card that has not been activated; the Card has been reported as lost or stolen, acts of civilhas been suspended by us, military or banking authoritieswe have reason to believe a transaction was not authorized by you; the merchant authorizes an amount greater than the purchase amount; or the merchant does not properly transmit transaction information to us. There may be other exceptions provided by applicable law. CLOSURE, national emergenciesEXPIRATION, warOR REVOCATION OF CARD We may, riotsat any time, unavoidable difficulties with our equipmentsuspend your Card and your ability to use your Card for any reason allowed by law, the unavailability of the Servicessuch as if we suspect possible fraud or suspicious activity, or for security reasons. We may also, at any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, time and for any reason, we are adjudged liable revoke your Card and your use of the Card. You agree to yousurrender a revoked Card promptly upon request. Upon revocation, your recovery any stored value remaining on the Card will be limited refunded to your actual damagesyou less any applicable fees. The Card expires on the last day of the month displayed on the Card. You can request to replace an expired Card, at no fee, if there is a $20 or greater balance remaining on the Card; otherwise, if the Card has less than $20, you can request the balance in an amount cash. Upon revocation or expiration, we may cease accepting or authorizing transactions on the Card. Card funds do not expire; however, you could lose the unused balance to exceed six times Inactivity fees, and we handle unused balances in accordance with the total applicable state’s escheatment laws. To the extent permitted by law, you agree to pay attorneys' fees and charges paid by collection costs we incur in collecting amounts you to owe us for the Services during the calendar month immediately preceding the month in which the event giving rise to and enforcing our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of rights under this Agreement. You should also immediately change your User ID CHOICE OF LAW This Agreement is governed by federal law and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on itby North Carolina law, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayas applicable.
Appears in 1 contract
Samples: State Employees
Our Liability. Unless expressly prohibited If the Credit Union does not provide a funds transfer instruction on time, if the Credit Union causes an incorrect amount to be removed from an account or if the Credit Union causes funds from an account to be transferred to any account other than the account or Recipient's account specified in the applicable funds transfer instruction, the Credit Union shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper account or intended recipient's account. The Credit Union is not responsible or liable if Your or the Recipient's financial institution's system fails, and the Credit Union is unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We the Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct in connection with on the performance of (Credit Union's part or failure to perform) any if the Credit Union breaches a representation or warranty of the ServicesCredit Union hereunder. Without limiting You agree that Your transfer instructions constitute authorization for the generality Credit Union to complete the transfer. You represent and warrant to the Credit Union that You have enough money in the applicable accounts to make any funds transfer You request that the Credit Union makes on Your behalf through the Funds Transfer Service. You understand and agree that the Credit Union is not liable under any circumstances for any losses or damages if, through no fault of the foregoingCredit Union, we shall You do not be liable for delays which happen because of reasons beyond our controlhave enough money to make the funds transfer, including without limitation, acts of civil, military and the funds transfer is not completed or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, is later reversed or if Your financial institution does not permit the unavailability of transfer or the Services, funds transfer would exceed the credit limit on any errors in information provided through applicable overdraft line. You also understand and agree that the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, Credit Union is not responsible for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times losses or damages if circumstances beyond the total fees and charges paid by you to us for Credit Union's control (such as fire or flood) prevent the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that Credit Union from making a Xxxx Payment, Funds Transfer or other Service has been or may be made with your User ID if the Credit Union website was not working properly, and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at You knew about the end of this Agreement. breakdown when You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to started the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: Credit Union Online Banking Agreement and Disclosure
Our Liability. Unless expressly prohibited or otherwise restricted by applicable law or this Agreement, our liability is limited as follows: We shall not be liable If we fail to you or to any third party for performing or failing to perform provide the Services, except for our gross negligence or willful misconduct Service in connection accordance with the performance terms and conditions of (or failure to perform) any of the Services. Without limiting the generality of the foregoingthis agreement, we shall be responsible for correcting improper Account information. We are not responsible or liable for incomplete, incorrect, failed or late Account information due to any other financial institution system failures, errors or mistakes. Except as otherwise required by law, we shall in no other event be liable for delays which happen because any losses, fees, overdraft charges or damages other than those arising from our breach of reasons a representation or warranty provided herein. You agree that your use of the Service constitutes authorization for us to obtain information related to your Accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if, you suffer a loss based on the accuracy of information provided to you through Budgeting Tools. You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond our controlsuch party’s reasonable control and without its negligent or willful misconduct, including without limitation, limitation acts of civilGod, military or banking authoritiesnatural disasters, national emergenciesterrorist acts, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet war or other service provider hostilities, labor disputes, civil disturbances, governmental acts, orders or browser software regulations, third party nonperformance or any computer failurefailures or fluctuations in electrical power, whether caused by a virus heat, light, air conditioning or otherwisetelecommunications equipment. IfLimitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, for any reasonWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, we are adjudged liable to youDELETION, your recovery will be limited to your actual damagesMIS-DELIVERY, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurredOR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK MAKES NO WARRANTY WITH RESPECT TO SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES TO USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE RENDERED UNDER THIS AGREEMENTSOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ACCURACYDAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/ OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.blackhawkbank.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Presidential Bank FSB is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Presidential Bank FSB shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Presidential Bank FSB hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Presidential Bank FSB website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER FINANCIAL INSTITUTION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Popmoney Agreement
Our Liability. Unless expressly prohibited Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Accounts through the Services. Furthermore, unless otherwise restricted required by applicable law or law, we will only be responsible for performing the Services as expressly stated in this Agreement, our liability is limited as follows: We shall not and will only be liable for material losses incurred by you to you or to any third party for performing or failing to perform the Services, except for extent such losses directly result from our gross negligence or willful intentional misconduct in connection with the performance of (or failure to perform) any of performing the Services. Without limiting Further, in no event shall Katahdin Trust Company’s liability exceed the generality of amounts paid by you for the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information services provided to you through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE WE HAVE LIABILITY FOR DIRECT, INDIRECTANY CONSEQUENTIAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES ARISING OUT OF IS BASED ON TORT OR CONTRACT OR WHETHER WE KNEW OR SHOULD HAVE KNOWN THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES IN ANY CIRCUMSTANCES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERSWe will not be obligated to honor, WHETHER ORAL OR WRITTENin whole or in part, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Services or Eligible Account; • we have reason to believe that your User ID and Password have been stolen may not be authorized by you or compromised (any third person whose authorization we believe it is necessary or may be compromised) involves funds subject to a hold, dispute, restriction or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address legal process we believe prevents their withdrawal; • would result in Katahdin Trust Company exceeding any limitation of our Electronic Banking Department are listed at the end intra-day net funds position established pursuant to present or future federal or state regulatory guidelines; • would violate any applicable provision of this Agreement. You should also immediately change any risk control program or applicable rule or regulation of applicable federal or state regulator; • is not in accordance with any other requirement of our applicable policies, procedures or practices; or • we have reasonable cause not to honor it for our or your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayprotection.
Appears in 1 contract
Samples: Online Banking Agreement
Our Liability. Unless expressly prohibited If we do not provide an external transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Affinity Federal Credit Union is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Affinity Federal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a material representation or a material warranty of Affinity Federal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any external transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the external transfer and the transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making an external transfer or if the Affinity Federal Credit Union website was not working properly and you knew about the breakdown when you started the external transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER AFFINITY FEDERAL CREDIT UNION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Money Movement Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Affinity Federal Credit Union is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Affinity Federal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Affinity Federal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Affinity Federal Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER AFFINITY FEDERAL CREDIT UNION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.affinityfcu.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. First Community is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We First Community shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of First Community hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Funds Transfer Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, flood) prevent us from making a funds transfer or if the unavailability of First Community website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: www.firstcommunity.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Reliant Community Federal Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Reliant Community Federal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Reliant Community Federal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Reliant Community Federal Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER RELIANT COMMUNITY FEDERAL CREDIT UNION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.reliantcu.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Chicago Patrolmen’s Federal Credit Union is not responsible or liable if you or the Recipient's financial institution's system fails, and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Chicago Patrolmen’s Federal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Chicago Patrolmen’s Federal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, flood) prevent us from making an External Loans Transferor if the unavailability of Chicago Patrolmen’s Federal Credit Union website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: Loans Transfer Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. OneAZ Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We OneAZ Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of OneAZ Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent our services from being available or if the OneAZ Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER ONEAZ CREDIT UNION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Oneaz Credit Union Agreement
Our Liability. Unless expressly prohibited If we do not provide External Transfers and Loan Payments instructions on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient’s account. Sun East is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Sun East shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct in connection with the performance on our part or if we breach a representation or warranty of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of Sun East under this Agreement. You should also immediately change agree that your User ID and Passwordtransfer instructions constitute authorization for us to complete the transfer. You will represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not be liable under any circumstances for any unauthorized transaction losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that occurs after we receive your notice are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making External Transfers or Loan Payments or if our website was not working properly and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to you knew about the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on malfunction when you started the following business dayExternal Transfers and Loan Payments.
Appears in 1 contract
Samples: Payments Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. NEWBURYPORT BANK is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We NEWBURYPORT BANK shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of NEWBURYPORT BANK hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by flood) prevent us from making a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Funds Transfer or other Service has been or may be made with your User ID if the NEWBURYPORT BANK website was not working properly and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at knew about the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to breakdown when you started the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: Funds Transfer Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Orange County's Credit Union's is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Orange County's Credit Union's shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Orange County's Credit Union's hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our control, including without limitation, acts of civil, military control (such as fire or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, flood) prevent us from making a Orange County's Credit Union's or if the unavailability of Orange County's Credit Union's website was not working properly and you knew about the Services, any errors in information provided through breakdown when you started the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayfunds transfer.
Appears in 1 contract
Samples: S Agreement
Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or Bill Payment Services accounts. Unless expressly prohibited or otherwise restricted required by applicable law or law, we are only responsible for performing the Online Banking and Bill Payment Services as delineated in this Agreement. Applicable law does make us liable if we do not promptly complete an electronic transaction to or from your account according to any agreement with you, in which case we will be liable for your losses or damages. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our liability is limited as follows: gross negligence. We shall will not be liable to you in the following instances: • If through no fault of the Bank, you do not have enough money in your account to make the transfer. • If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions that we have taken. • If there is a hold on your account, or if access to any your account is blocked in accordance with banking policy. • If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. • If you do not allow an adequate number of days between the date of the transaction and the date the payment is due. • If the Bill Payment check is lost or otherwise mishandled by the postal service. • If your transfer authorization terminates by operation of law. • If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. • If you have not properly followed the instructions on how to make a transfer included in this Agreement. • If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. • If we have a reasonable basis for performing believing that unauthorized use of your password or failing to perform the Services, except for our gross negligence account has occurred or willful misconduct in connection with the performance of (may be occurring or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipmentif you default under this Agreement, the unavailability of the Servicesdeposit account agreement, any errors in information provided through the Servicesa credit agreement, any difficulties caused by any Internet or other service provider or browser software or any computer failureother agreement with us, whether caused by a virus or otherwise. If, for any reason, if we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by or you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEterminate this Agreement. IN NO EVENT WILL THE BANK BE LIABLE SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR DIRECT, ANY INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayTHIS AGREEMENT.
Appears in 1 contract
Samples: Online Banking Agreement
Our Liability. Unless expressly prohibited or otherwise restricted by applicable law or this Agreement, our liability is limited as follows: We shall not be liable If we fail to you or to any third party for performing or failing to perform provide the Services, except for our gross negligence or willful misconduct Service in connection accordance with the performance terms and conditions of (or failure to perform) any of the Services. Without limiting the generality of the foregoingthis agreement, we shall be responsible for correcting improper Account information. We are not responsible or liable for incomplete, incorrect, failed or late Account information due to any other financial institution system failures, errors or mistakes. Except as otherwise required by law, we shall in no other event be liable for delays which happen because any losses, fees, overdraft charges or damages other than those arising from our breach of reasons a representation or warranty provided herein. You agree that your use of the Service constitutes authorization for us to obtain information related to your Accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if, you suffer a loss based on the accuracy of information provided to you through Budgeting Tools. You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond our controlsuch party’s reasonable control and without its negligent or willful misconduct, including without limitation, limitation acts of civilGod, military or banking authoritiesnatural disasters, national emergenciesterrorist acts, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet war or other service provider hostilities, labor disputes, civil disturbances, governmental acts, orders or browser software regulations, third party nonperformance or any computer failurefailures or fluctuations in electrical power, whether caused by a virus heat, light, air conditioning or otherwisetelecommunications equipment. IfLimitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, for any reasonWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, we are adjudged liable to youDELETION, your recovery will be limited to your actual damagesMIS-DELIVERY, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurredOR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE BANK MAKES NO WARRANTY WITH RESPECT TO SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES TO USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE RENDERED UNDER THIS AGREEMENTSOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ACCURACYDAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/ OR DATA. EXCEPTASEXPRESSLYSETFORTHONTHEWEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OFANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.blackhawkbank.com
Our Liability. Unless expressly prohibited Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and your use of Online Banking. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to Online Banking. Furthermore, unless otherwise restricted required by applicable law or law, we will only be responsible for performing the Available Services as expressly stated in this Agreement, our liability is limited as follows: We shall not and will only be liable for material losses incurred by you to you or to any third party for performing or failing to perform the Services, except for extent such losses directly result from our gross negligence or willful intentional misconduct in connection with the performance of (or failure to perform) any of performing the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE WE HAVE LIABILITY FOR DIRECT, INDIRECTANY CONSEQUENTIAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES ARISING OUT OF IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES IN ANY CIRCUMSTANCES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERSWe will not be obligated to honor, WHETHER ORAL OR WRITTENin whole or in part, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Available Service; • we have reason to believe that your User ID and Password have been stolen may not be authorized by you or compromised (any third person whose authorization we believe is necessary or may be compromised) involves funds subject to a hold, dispute, restriction or that a Xxxx Payment, Transfer legal process we believe prevents their withdrawal; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other Service has been federal or may be made state regulatory authority; • is not in accordance with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address any other requirement of our Electronic Banking Department applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your protection. Your Indemnification Except to the extent that we are listed at liable under the end terms of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or an agreement that otherwise governs your Account, if you are an owner of an Account accessed through Bremer Online Banking, you agree to otherwise exercise ordinary care contributed indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with your Account or the performance of an Available Service. This indemnification is provided without regard to whether our claim for indemnification is due to the unauthorized Xxxx Payment, Transfer use of Bremer Online Banking by you or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.Authorized Representative.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not complete a transaction to or otherwise restricted by applicable law from your account on time or this Agreement, in the correct amount according to our liability is limited as follows: We shall not be liable to you or to any third party for performing or failing to perform the Services, except for our gross negligence or willful misconduct in connection agreement with the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoingyou, we shall not will be liable for delays which happen losses or damages. However, there are some exceptions. We will not be liable, for instance: » If, through no fault of ours, you do not have enough available funds in your account to make the transfer. » If the transfer would go over the credit limit on your overdraft line. » If you used your card or access code in an incorrect manner. » If the terminal or system was not working properly and you knew about the breakdown when you started the transaction. » If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. » If funds in your account are pledged or frozen because of reasons beyond a delinquent loan. » If the electronics transfer is incomplete as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers. » There may be other exceptions stated in our controlagreement with you. CONFIDENTIALITY We will disclose information to third parties about your account or the transfers you make: » When it is necessary for completing transfers, including or » In order to verify the existence & condition of your account for a third party such as a credit bureau or merchant or » In order to comply with government agency or court orders or » If you give us your written permission. CONSUMER LIABILITY Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible loss down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your card and/or code without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability your permission. If you do NOT tell us within two business days after you learn of the Servicesloss or theft of your card and/or code, any errors and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Special rules for Visa Debit Card: Your liability for unauthorized purchases is $0 except in information provided through cases of negligence. If your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable statement was mailed to you, your recovery will be limited to your actual damagesyou may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, in an amount not to exceed six times we may extend the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurredtime periods. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have card and/or code has been stolen or compromised (that someone has transferred or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with transfer money from your User ID and Password account without your permission, you must notify call or write to us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The the telephone number or address listed in this disclosure. For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included. PERSONAL IDENTIFICATION NUMBER (PIN) You are responsible for any and address all PINs related to your account. When selecting your PIN, you should not use any part of our Electronic Banking Department are listed at the end of this Agreementfollowing numbers: » Social security number, » Birthdate, anniversary date, etc., » Street address, » Driver’s license number, or » Any other identifying card numbers Do not write your PIN on your card to record it. You should also immediately change know your User ID and PasswordPIN by memory. You will Never make your PIN known to anyone. We may not be liable held responsible for any unauthorized transaction that occurs after we receive your notice and have had PIN. The above guidelines are added protection for you in the event of a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement lost or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business daystolen card.
Appears in 1 contract
Samples: www.cpfcu.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. OceanFirst Bank is not responsible or liable if your or OceanFirst Bank’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We OceanFirst Bank shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of OceanFirst Bank hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your bank or other provider of Accounts does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the OceanFirst Bank website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL FUNDS TRANSFER IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE OCEANFIRST BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL FUNDS TRANSFER SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EXTERNAL FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: External Funds Transfer Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Centier Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Centier Bank shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Centier Bank hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Centier Bank website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE CENTIER BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: manage.centier.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Financial Institution is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Financial Institution shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Financial Institution hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Financial Institution website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER FINANCIAL INSTITUTION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. East Wisconsin Savings Bank is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We East Wisconsin Savings Bank shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of East Wisconsin Savings Bank hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Financial Institution website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE EAST WISCONSIN SAVINGS BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.eastwis.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or otherwise restricted by applicable law or this Agreement, our liability is limited as follows: We shall not if we cause funds from an Account to be liable to you or transferred to any third party for performing account other than the Account or failing to perform Recipient's account specified in the Services, except for our gross negligence or willful misconduct in connection with the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoingapplicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Financial Institution is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, Financial Institution shall in no other event be liable for delays which happen because any losses and damages other than those arising from willful misconduct on our part or if we breach a representation or warranty of reasons Financial Institution hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Financial Institution website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER FINANCIAL INSTITUTION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: campaign.documatix.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. LegacyTexas Bank is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We LegacyTexas Bank shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of LegacyTexas Bank hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the LegacyTexas Bank website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR EXTERNAL FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXTERNAL FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER LEGACYTEXAS BANKWEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXTERNAL FUNDS TRANSFERSERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE EXTERNAL FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE EXTERNAL FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES EXTERNAL FUNDS TRANSFERSERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE EXTERNAL FUNDS TRANSFERSERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: s3-us-west-2.amazonaws.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Arizona State Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Arizona State Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Arizona State Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent our services from being available or if the Arizona State Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER ARIZONA STATE CREDIT UNION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Credit Union Agreement
Our Liability. Unless expressly prohibited Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Accounts and your use of Internet Banking and/or Mobiliti and/or any Available Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to Internet Banking or Mobiliti and/or Available Services. Furthermore, unless otherwise restricted required by applicable law or law, we will only be responsible for performing the Available Services as expressly stated in this Agreement, our liability is limited as follows: We shall not and will only be liable for material losses incurred by you to you or to any third party for performing or failing to perform the Services, except for extent such losses directly result from our gross negligence or willful intentional misconduct in connection with the performance of (or failure to perform) any of performing the Services. Without limiting We do not and can not warrant that Internet Banking System and Mobiliti will operate without errors, or that any or all the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery Services will be limited to your actual damages, in an amount not to exceed six times the total fees available and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEoperational at all times. IN NO EVENT WILL THE BANK BE LIABLE WE HAVE LIABILITY FOR DIRECT, INDIRECTANY CONSEQUENTIAL, SPECIAL, EXEMPLYPUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. FURTHER, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT IN NO EVENT SHALL THE LIABILITY OF CORNERSTONE BANK AND ITS AFFILIATES EXCEED THE USE OR INABILITY TO USE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH INTERNET BANKING SYSTEM OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESMOBILITI. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERSWe will not be obligated to honor, WHETHER ORAL OR WRITTENin whole or in part, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you any transaction or instruction which: • is not in accordance with any term or condition applicable to the relevant Available Service; • we have reason to believe that your User ID and Password have been stolen may not be authorized by you or compromised (any third person whose authorization we believe is necessary or may be compromised) involves funds subject to a hold, dispute, restriction or that a Xxxx Payment, Transfer legal process we believe prevents their withdrawal; • would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other Service has been federal or may be made state regulatory authority; • is not in accordance with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address any other requirement of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change applicable policies, procedures or practices; or • we have reasonable cause not to honor for our or your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business dayprotection.
Appears in 1 contract
Our Liability. Unless expressly prohibited or otherwise restricted by applicable law or this Agreement, This section explains our liability is limited as follows: We to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall not we be liable to you for failure to provide access to your Online Banking or to any third party Bill Payment Service account. Unless otherwise required by applicable law, we are only responsible for performing or failing to perform the Services, except for our gross negligence or willful misconduct Online banking and Bill Payment services as delineated in connection with the performance of (or failure to perform) any of the Servicesthis Agreement. Without limiting the generality of the foregoing, we shall not We will be liable for delays which happen because the amount of reasons any material losses or damages incurred by you and resulting directly from our gross negligence. We will NOT be liable to you in the following instances: If, through no fault of FNB Osakis, you do not have enough money in your account to make the transfer. If circumstances beyond our controlcontrol (such as fire, including flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions that we have taken. If there is a hold on your account, or if access to your account is blocked, in accordance with FNB Osakis and Online Banking policy. If your account has been closed If your funds are the subject to a legal proceeding, or other encumbrances, restricting the transfer. If your transfer authorization terminates by operation of law. If you believe someone has accessed your accounts without limitation, acts your permission and you fail to notify FNB Osakis immediately. If you have not properly followed the instructions on how to make a transfer included in this Agreement. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. If we have reasonable basis for believing that unauthorized use of civil, military your password or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipmentaccount has occurred or may be occurring or if you default under this Agreement, the unavailability of the Servicesdeposit account agreement, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software a credit agreement or any computer failureother agreement with us, whether caused by a virus or otherwiseif we or you terminate this Agreement. If If the bill payment or transfer would go over the credit limit on your overdraft line of credit, for any reasonor if the overdraft line of credit has been closed. If your computer, we are adjudged liable software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to youyou when you attempted the transfer or bill payment. If you had knowledge of or questions about the possible malfunction of our system when you initiated the transaction. It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of FNB Osakis and/or service providers Other applicable laws and/or regulations exempt us from liability. WITH YOUR ACCEPTANCE AND USE OF THE SERVICE, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECTANY INDIRECT, INDIRECTINCIDENTAL, SPECIAL, EXEMPLYOR CONSEQUENTIAL COSTS, PUNITIVE, INCIDENTALEXPENSES, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION, OR ATTORNEY'S FEES) RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR RESULTING FROM ANY ERRORS OR FAILURES FROM ANY MALFUNCTION OF YOUR COMPUTER OR ANY VIRUS OR COMPUTER PROBLEMS THAT YOU MAY ENCOUNTER RELATED TO THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business daySERVICE.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended Recipient's account. The Bank is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We we shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct in connection with the performance of (on our part or failure to perform) any if we breach a representation or warranty of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of under this Agreement. You should also immediately change agree that your User ID and Passwordtransfer instructions constitute authorization for us to complete the transfer. You will represent and warrant to us that you have enough money in the applicable Account(s) to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not be liable under any circumstances for any unauthorized transaction losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that occurs after we receive your notice are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if our website was not working properly and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to you knew about the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on malfunction when you started the following business dayfunds transfer.
Appears in 1 contract
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. Cheesehead Bank™ (a division of East Wisconsin Savings Bank) is not responsible or liable if your or the Recipient’s financial institution’s system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Cheesehead Bank™ (a division of East Wisconsin Savings Bank) shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Cheesehead Bank™ (a division of East Wisconsin Savings Bank) hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Financial Institution website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER CHEESEHEAD BANK™ (A DIVISION OF EAST WISCONSIN SAVINGS BANK) WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: www.cheeseheadbank.com
Our Liability. Unless expressly prohibited Surrey Bank & Trust and the Xxxx Pay Service provider will not be liable: • If you shared your log-in credentials with another person who made transactions without your knowledge or consent. • If you have not given us complete, correct or current account numbers or other identifying payment information so that we or a payee can properly credit your account or otherwise restricted complete the transaction. • If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware. • If you schedule duplicate or erroneous payments. • If, through no fault of ours, you do not have enough available money in the account from which a payment is to be made, or if the account has been closed or is not in good standing, or if a payment is reversed because of insufficient funds, or if you fail to advance funds from another account into the Xxxx Pay funding account to ensure the availability of funds. • If your equipment or ours was not working properly and the breakdown should have been apparent when you attempted to conduct the transaction or if you had been advised about a potential malfunction before you executed the transaction. • If you receive notice from a payee that any payment you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact. • If the payee was a person or entity that you are not permitted to designate as a payee (see the Designating Payees section above). • If you do not instruct us soon enough for your payment to be received and credited by applicable law the time it is due. • If a payee does not process your payment promptly or this Agreementcorrectly. • If the money in the account from which a payment is to be made is subject to legal process or other claim restricting the transaction. • If circumstances or persons beyond our control such as, but not limited to, fire, flood, or interference from an outside force) prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken. Surrey Bank & Trust 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 our liability is limited as follows: We shall not be liable to you or to agent. In any third party for performing or failing to perform the Servicesevent, except for our gross negligence or willful misconduct in connection with the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoing, we shall Surrey Bank & Trust will not be liable for delays which happen because any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if Surrey Bank & Trust has knowledge of reasons the possibility of them. Surrey Bank & Trust is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control. Business Days Generally, including without limitationyou may schedule Xxxx Pay payments 24 hours a day, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by 7 days a virus or otherwiseweek. If, for any reasonHowever, we process transactions and update information only on business days. Our business days are adjudged liable to youMonday through Friday, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurredexcluding legal holidays. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE Stopping or Changing Payments If you want to stop or change payments you have reason instructed us to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permissionmake, you must notify us at once by calling Wakefield Cooperative Bank during before we have started processing the transaction. This applies to both individual payments as well as preauthorized recurring payments. The normal business hours way to do this is to access the appropriate function in Xxxx Pay prior to the day the payment is scheduled to be made and click either Cancel to delete the payment or by calling our 24 hour customer service number Edit to make changes to the payment. You may also call the eBanking Department at (000) 000-00000000 for assistance. The telephone number and address of our Electronic If the payment has processed, you may submit an electronic stop payment order through the Online Banking Department are listed at the end of this Agreement. You should also immediately change system or you may contact your User ID and PasswordSurrey Bank & Trust branch to request a stop payment. You will not be liable charged for each stop payment request, as outlined in the Surrey Bank & Trust Schedule of Fees and Services. We may accept an order to stop payment on any unauthorized transaction that occurs after item from you, so long as you make any stop-payment order in the manner required by law and we must receive your notice and have had it in time to give us a reasonable opportunity to act on itit before our stop-payment cutoff time. Because stop-payment orders are handled by computers, unless we can prove to be effective, your stop payment order must precisely identify the number, date, amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, stop-payment orders are effective for six months. Your order will lapse after that your failure time if you do not renew the order in writing before the end of the six-month period. We are not obligated to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during nonnotify you when a stop-business hours, we will consider such notification to have been received on the following business daypayment order expires.
Appears in 1 contract
Samples: Bill Pay Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Sunmark Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Sunmark Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Sunmark Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Sunmark Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER SUNMARK CREDIT UNION’S WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Popmoney Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Sunmark Federal Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We Sunmark Federal Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Sunmark Federal Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the Sunmark Federal Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR FUNDS TRANSFER SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE FUNDS TRANSFER SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FUNDS TRANSFER SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER SUNMARK FEDERAL CREDIT UNION’S WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FUNDS TRANSFER SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FUNDS TRANSFER SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE FUNDS TRANSFER SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FUNDS TRANSFER SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE FUNDS TRANSFER SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Popmoney Agreement
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. First Community Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise restricted required by applicable law or this Agreementlaw, our liability is limited as follows: We First Community Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of First Community Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of (ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or failure to perform) is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any of the Servicesapplicable overdraft line. Without limiting the generality of the foregoing, You also understand and agree that we shall are not be liable responsible for delays which happen because of reasons any losses or damages if circumstances beyond our controlcontrol (such as fire or flood) prevent us from making a funds transfer or if the First Community Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. Limitation of Warranty and Liability YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, including without limitationWE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, acts of civilDELETION, military or banking authoritiesMIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, national emergenciesTHAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwiseINCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. EXCEPT AS EXPRESSLY SET FORTH ON THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER FINANCIAL INSTITUTION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ACCURACY, LIMITATION ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXCEPT AS DESCRIBED IN NO EVENT THIS AGREEMENT, WE WILL THE BANK NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR FAULTY SERVICE AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE BANK HAS WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Popmoney Agreement
Our Liability. Unless expressly prohibited If we do not complete a transfer from a consumer account on time or otherwise restricted by applicable law or this Agreement, in the correct amount according to our liability is limited as follows: We shall not be liable to you or to any third party for performing or failing to perform the Services, except for our gross negligence or willful misconduct in connection agreement with the performance of (or failure to perform) any of the Services. Without limiting the generality of the foregoingyou, we shall not will be liable for delays your losses or damages. However, there are exceptions. We will NOT be liable, for instance: • If, through no fault of ours, you do not have enough available money in the account from which happen a transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a transfer because of reasons beyond our control, including without limitation, acts insufficient funds. • If any transfer would go over the maximum amount of civil, military any related line of credit or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, overdraft protec- tion limit. • If your equipment or ours was not working properly and the unavailability of breakdown should have been apparent to you when you attempted to conduct the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwisetransaction. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE • If you have reason not given us complete, correct or current account numbers or other identifying informa- tion so that we can properly credit your account or otherwise complete the transaction. • If you do not properly follow our instructions or if you provide us with wrong or inaccurateinforma- tion or fail to correct or tell us about any inaccuracy of which you are aware. • If you do not instruct us soon enough for your transfer to be received and credited. • If the funds in your accounts are subject to legal restrictions, such as garnishment of attachment, or if the account is subject to a pledge or security agreement. • If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken. Unauthorized Access/Transfers By applying for and using any of these services, you agree to accept responsibility for protecting the integrity of your username, access code(s) and other security data, in order to prevent unauthorized transactions and/or account access. You also agree that the Credit Union may revoke your access to these services if unauthorized account access and/or transactions occur as the apparent result of your negligence in safe- guarding your access code(s). Granting access to your account(s) via the internet or mobile phone to any other person will make you financially liable for all unauthorized access, losses or misuse of the account(s), until reported to the Credit Union. You should tell us at once, if you believe your account number, username, access code(s), security data, or any record thereof, has been lost or stolen, if your account has been accessed without your authority, or if you believe that your User ID and Password have been stolen or compromised (someone has transferred or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with transfer money from your User ID and Password account without your permission. In addition, telephoning is the best way of keeping your possible losses down, but you must may also notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and writing to the address of our Electronic Banking Department are listed at under the end Error Resolution section of this Agreement. You should also immediately change could lose all the money in your User ID accounts (including the maximum amount of any related line of credit or overdraft protection limit.) If you tell us within 2 business days of the loss, theft or unauthorized access, you can lose no more than $50 if someone accesses your account(s) without your permission. If you do NOT tell us within 2 business days after you learn of the unauthorized access, and Passwordwe can prove we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500. You will If your statement shows any transfer you did not make or authorize to be liable for made, tell us at once. If you do not tell us within 60 days after the statement was mailed or made available to you, you may not get back any unauthorized transaction that occurs money you lost after we receive your notice and have had a reasonable opportunity to act on it, unless the 60 days if we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to we could have stopped someone from taking the unauthorized Xxxx Payment, Transfer or other Servicemoney if you had told us in time. If we receive your notification during non-business hoursa good reason (such as a hospital stay) kept you from telling us, we will consider such notification to have been received on may extend the following business daytime period.
Appears in 1 contract
Samples: www.interracu.com
Our Liability. Unless expressly prohibited If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or otherwise restricted if we cause funds from an Account to be transferred to any account other than the Account or Recipient’s account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient’s account. However, there are some exceptions. We will not be liable, for instance: • If through no fault of CoastHills Credit Union, you do not have enough money in your account to make the transfer. • If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. • If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. • If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. • If your transfer authorization terminates by applicable law operation of law. • If you believe someone has accessed your accounts without your permission and you fail to notify CoastHills Credit Union immediately. • If you have not properly followed the instructions on how to make a transfer included in this Agreement. • If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. • If we have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring or if you default under this Agreement, the Truth-in-Savings agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. There may be other exceptions not specifically mentioned above or stated in our liability other agreements with you. CoastHills Credit Union is limited not responsible or liable if you or the Recipient’s financial institution system fails and we are unable to complete the transfer. Except as follows: We otherwise required by law, CoastHills Credit Union shall not in no other event be liable to you or to for any third party for performing or failing to perform the Services, except for our losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of CoastHills Credit Union hereunder. You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in connection with the performance applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line. You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or failure flood) prevent us from making a funds transfer or if the CoastHills Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer. System Availability Access to perform) the Services may be unavailable at times due to factors such as, but not limited to, scheduled maintenance, computer failure, internet access issues, and unforeseen events such as fires or floods. While we strive to achieve maximum system availability, we cannot guarantee continuous access to the Services. You understand and agree that access to the Services is not guaranteed, and interruptions in service or accessibility may occur without warning or notice. Accordingly, to the extent legally permitted, we disclaim any and all implied warranties, including any warranty that the Services are suitable for any particular purpose. You agree that we are not liable for any loss of funds, reward points, goodwill, or reputation, or any special, indirect, or consequential damages, arising out of or related to your use of the Services. Without limiting the generality of the foregoing, we shall not be liable for delays which happen because of reasons beyond our control, including without limitation, acts of civil, military or banking authorities, national emergencies, war, riots, unavoidable difficulties with our equipment, the unavailability of the Services, any errors in information provided through the Services, any difficulties caused by any Internet or other service provider or browser software or any computer failure, whether caused by a virus or otherwise. If, for any reason, we are adjudged liable to you, your recovery will be limited to your actual damages, in an amount not to exceed six times the total fees and charges paid by you to us for the Services during the calendar month immediately preceding the month in which the event giving rise to our liability occurred. THE BANK MAKES NO WARRANTY WITH RESPECT TO THE SERVICES TO BE RENDERED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE BANK BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR FAULTY SERVICE EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE BANK IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF TIME OR USE OF THE SERVICES, LOSS OF DATA, COSTS OF CONSULTANTS, COSTS OF SUBSTITUTE PRODUCTS, CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. IN NO CASE WILL THE BANK’S LIABILITY EXCEED THE AMOUNT OF THE FEES THE COMPANY HAS PAID TO THE BANK FOR SERVICES RENDERED DURING THE MONTH PRIOR TO THE DATE ON WHICH THE EVENTS GIVING RISE TO THE CLAIM OCCURRED. UNAUTHORIZED USE If you have reason to believe that your User ID and Password have been stolen or compromised (or may be compromised) or that a Xxxx Payment, Transfer or other Service has been or may be made with your User ID and Password without your permission, you must notify us at once by calling Wakefield Cooperative Bank during normal business hours or by calling our 24 hour customer service number at (000) 000-0000. The telephone number and address of our Electronic Banking Department are listed at the end of this Agreement. You should also immediately change your User ID and Password. You will not be liable for any unauthorized transaction that occurs after we receive your notice and have had a reasonable opportunity to act on it, unless we can prove that your failure to comply with this Agreement or to otherwise exercise ordinary care contributed to the unauthorized Xxxx Payment, Transfer or other Service. If we receive your notification during non-business hours, we will consider such notification to have been received on the following business day.
Appears in 1 contract
Samples: Fund Transfer and Popmoney Agreement