Common use of Warranties Limitation of Liability Clause in Contracts

Warranties Limitation of Liability. COMDATA AND THE BANK MAKE NO --------------------------------------- WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES, PRODUCTS OR EQUIPMENT PROVIDED HERUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMDATA'S SOLE RESPONSIBILITY TO CARDHOLDERS SHALL BE TO MAKE THE SERVICE AVAILABLE IN ACCORDANCE WITH THE TERMS OF THIS CARDHOLDER AGREEMENT AND DISCLOSURE. IN NO EVENT SHALL COMDATA OR THE BANK BE LIABLE TO ANY CARDHOLDER OR ANY OTHER FIRM OR PERSON FOR CONSEQUENTIAL INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF COMDATA OR THE BNK HAD PRIOR KNOWLEDGE OF THE POSSIBILITY OF SAME. ELECTRONIC FUNDS TRANSFER DISCLOSURE ------------------------------------ 1. CARD ISSUANCE AND RESPONSIBILITIES. (a) You will be issued one Card and you ----------------------------------- will select a Personal Identification Number ("PIN") for use with your Card to access funds distributed to your Card. Upon our acceptance of your written acceptance of this Agreement, you may use your Card to access or use such funds. (b) For security purposes, only you will know your PIN. It is not printed on the Card, and neither our personal nor your employees have access to it. The Card and the PIN are not transferable and are provided for your protection and identification during Card related financial transactions and other uses of the Card. (c) You agree that you will; (i) use the Card, PIN and services available through the Service as instructed; (ii) promptly notify us of any loss or theft of the Card or disclosure of the PIN; and (iii) accept liability for misuse of the Card and PIN as described in Section 5 below.