Provisional Credit. Client acknowledges that credit for a payment order is provisional until the receiving financial institution obtains final settlement. If final settlement does not occur, the originator of the payment order is not deemed to have made payment to the beneficiary, and the beneficiary's bank is entitled to a refund of the provisional credit. Client agrees that when Bank gives Client credit for an incoming payment order, including but not limited to, returned credited transactions or credit reversals, it is provisional until Bank receives final settlement for the payment order. Bank may delay availability of provisional funds at its discretion. If Bank does not receive final settlement, Client must return the funds previously credited to Client's account to Bank, and the person who sent the payment order will not be treated as having paid Client. Bank may refuse to permit the use of any amount credited for an incoming payment order, including but not limited to a debit entry or credit reversal if Bank believes in its sole discretion that there may not be sufficient funds in Client's account to cover chargeback or return of such transaction. CUTOFF HOURS A number of Bank’s Online Banking Services are subject to processing cutoff hours. The cutoff hours applicable to each Online Banking Service is reflected in the Supporting Documents. Instructions received after the cutoff hour or on a non-business day may be deemed received as of the next business day. Alternatively, some Online Banking Services may require Client to resubmit an instruction when it is received after the cutoff hour or on a non-business day. UPLOADED CONTENT; LINKED SITES AND ADVERTISEMENTS From Bank’s website, Client may be able to access uploaded content provided or operated by third parties. Unless Bank tells Client otherwise in writing, Bank does not operate or control any such content or any of the information, products or services on such linked websites. Client acknowledges and agrees that: (i) Client accesses such content and linked sites at Client’s own risk; (ii) Bank makes no representation or warranty, and assumes no responsibility for, content on Bank’s website and any linked site or the actions or omissions of its/their owners, operators or providers (iii) Bank makes no endorsement of, and assumes no responsibility for, content uploaded to Bank’s website or goods or services offered on or advertising on or by any other website; (iv) by using other websites and services, Client may be exposed to content that is offensive, indecent or objectionable; and (v) although Bank may have a contractual or other relationship with the operators of a linked website or the providers of content, Bank will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or content. Client agrees to hold Bank harmless in connection with all of the foregoing. Bank reserves the right, but shall have no obligation, to reject, move, or delete content that Bank, in Bank’s sole discretion, believes violates this Service Description, or contains content, including viruses, that may interfere with the operation of Bank’s website. Bank may, but has no obligation to, monitor, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums or review content, or messages posted at such locations, to confirm their compliance with these guidelines. Bank shall have the right, but not the obligation, to disclose content to any third party if required or permitted by law or if Bank believes reasonably necessary to: (a) comply with legal process; (b) enforce this Service Description; (c) respond to claims that any content violates rights of third parties; or (d) protect Bank’s rights, properly, or personal safety, or those third parties. THIRD PARTY CONTENT Bank may receive, process, and make available to Client content that Bank receives from Client and others. In this regard, Bank is merely a passive conduit for such content, although Bank reserves the right to block or remove any content that Bank believes violates this Service Description. Bank assumes no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that Client or others provides to Bank, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity on such sites. Bank will not have a duty to interpret or evaluate any content transmitted to Bank or through Bank’s website or the Online Banking Services, except to the limited extent, if any, set forth in this Service Description. Bank will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content of any content Bank receives from Client or third parties. Bank will not have a duty to notify Client about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party content on Bank’s website, even if Bank has reason to know of its existence. Use of any content Client obtains from Bank’s website is at Client’s own risk. PROPRIETARY RIGHTS Client acknowledges and agrees that the software and content used by Bank in the operation of Bank’s website and provision of the Online Banking Service, and the copyright patent, trademark, trade secret and all other rights in and to the technology, software, content, designs, graphics, and trademarks included by Bank’s website and as part of the Online Banking Service and Bank’s name and product names and the website’s URL (collectively, by the “Intellectual Property”), are owned by Bank and Bank’s licensors. As such, Client will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Service Description or otherwise. Client may not use, reproduce, duplicate, copy or distribute the content found at Bank’s website or provided by the Online Banking Service. Client may not distribute, reuse, reproduce, duplicate, copy, publish, sell, or otherwise transfer (i) any portion or element of the Online Banking Service or the Intellectual Property or (ii) access to Bank’s Online Banking Service or Intellectual Property. Further, Client may not (a) create derivative works of any portion or element of the Online Banking Service or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology Bank incorporates in the Online Banking Service; (d) modify or erase any copyright or trademark notice Bank places in connection with the Online Banking Service; (e) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided through the Online Banking Service (sometimes known as “scrapers,” “spiders,” “robots” or “bots”) to systematically access and download data; (f) frame any content provided through the Online Banking Service or any Intellectual Property; or (g) use any circumvention tools, meta tags or any other “hidden text” utilizing Bank’s name, trademark, URL, product name or other Intellectual Property. Client agree to comply with the terms of any license agreement made available to Client through the Online Banking Service.
Appears in 4 contracts
Samples: Management Services Agreement, Management Services Agreement, Management Services Agreement
Provisional Credit. Client acknowledges that credit for a payment order is provisional until the receiving financial institution obtains final settlement. If final settlement does not occur, the originator of the payment order is not deemed to have made payment to the beneficiary, and the beneficiary's bank is entitled to a refund of the provisional credit. Client agrees that when Bank gives Client credit for an incoming payment order, including but not limited to, returned credited transactions or credit reversals, it is provisional until Bank receives final settlement for the payment order. Bank may delay availability of provisional funds at its discretion. If Bank does not receive final settlement, Client must return the funds previously credited to Client's account to Bank, and the person who sent the payment order will not be treated as having paid Client. Bank may refuse to permit the use of any amount credited for an incoming payment order, including but not limited to a debit entry or credit reversal if Bank believes in its sole discretion that there may not be sufficient funds in Client's account to cover chargeback or return of such transaction. CUTOFF HOURS A number of Bank’s Online Banking Services are subject to processing cutoff hours. The cutoff hours applicable to each Online Banking Service is reflected in the Supporting Documents. Instructions received after the cutoff hour or on a non-business day may be deemed received as of the next business day. Alternatively, some Online Banking Services may require Client to resubmit an instruction when it is received after the cutoff hour or on a non-business day. UPLOADED CONTENT; LINKED SITES AND ADVERTISEMENTS From Bank’s website, Client may be able to access uploaded content provided or operated by third parties. Unless Bank tells Client otherwise in writing, Bank does not operate or control any such content or any of the information, products or services on such linked websites. Client acknowledges and agrees that: (i) Client accesses such content and linked sites at Client’s own risk; (ii) Bank makes no representation or warranty, and assumes no responsibility for, content on Bank’s website and any linked site or the actions or omissions of its/their owners, operators or providers (iii) Bank makes no endorsement of, and assumes no responsibility for, content uploaded to Bank’s website or goods or services offered on or advertising on or by any other website; (iv) by using other websites and services, Client may be exposed to content that is offensive, indecent or objectionable; and (v) although Bank may have a contractual or other relationship with the operators of a linked website or the providers of content, Bank will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or content. Client agrees to hold Bank harmless in connection with all of the foregoing. Bank reserves the right, but shall have no obligation, to reject, move, or delete content that Bank, in Bank’s sole discretion, believes violates this Service Description, or contains content, including viruses, that may interfere with the operation of Bank’s website. Bank may, but has no obligation to, monitor, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums or review content, or messages posted at such locations, to confirm their compliance with these guidelines. Bank shall have the right, but not the obligation, to disclose content to any third party if required or permitted by law or if Bank believes reasonably necessary to: (a) comply with legal process; (b) enforce this Service Description; (c) respond to claims that any content violates rights of third parties; or (d) protect Bank’s rights, properly, or personal safety, or those third parties. THIRD PARTY CONTENT Bank may receive, process, and make available to Client content that Bank receives from Client and others. In this regard, Bank is merely a passive conduit for such content, although Bank reserves the right to block or remove any content that Bank believes violates this Service Description. Bank assumes no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that Client or others provides to Bank, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity on such sites. Bank will not have a duty to interpret or evaluate any content transmitted to Bank or through Bank’s website or the Online Banking Services, except to the limited extent, if any, set forth in this Service Description. Bank will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content of any content Bank receives from Client or third parties. Bank will not have a duty to notify Client about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party content on Bank’s website, even if Bank has reason to know of its existence. Use of any content Client obtains from Bank’s website is at Client’s own risk. PROPRIETARY RIGHTS Client acknowledges and agrees that the software and content used by Bank in the operation of Bank’s website and provision of the Online Banking Service, and the copyright patent, trademark, trade secret and all other rights in and to the technology, software, content, designs, graphics, and trademarks included by Bank’s website and as part of the Online Banking Service and Bank’s name and product names and the website’s URL (collectively, by the “Intellectual Property”), are owned by Bank and Bank’s licensors. As such, Client will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Service Description or otherwise. Client may not use, reproduce, duplicate, copy or distribute the content found at Bank’s website or provided by the Online Banking Service. Client may not distribute, reuse, reproduce, duplicate, copy, publish, sell, or otherwise transfer (i) any portion or element of the Online Banking Service or the Intellectual Property or (ii) access to Bank’s Online Banking Service or Intellectual Property. Further, Client may not (a) create derivative works of any portion or element of the Online Banking Service or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology Bank incorporates in the Online Banking Service; (d) modify or erase any copyright or trademark notice Bank places in connection with the Online Banking Service; (e) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided through the Online Banking Service (sometimes known as “scrapers,” “spiders,” “robots” or “bots”) to systematically access and download data; (f) frame any content provided through the Online Banking Service or any Intellectual Property; or (g) use any circumvention tools, meta tags or any other “hidden text” utilizing Bank’s name, trademark, URL, product name or other Intellectual Property. Client agree to comply with the terms of any license agreement made available to Client through the Online Banking Service.Banking
Appears in 1 contract
Samples: www.mechanicsbank.com
