Common use of Your Liability Clause in Contracts

Your Liability. Except as otherwise provided by law, you shall be liable for any loss or damages in all cases where: • We have followed the security procedures applicable to your Loan Account(s), • We have followed the transaction instructions provided to us, • You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site contains links to other Web sites we believe may be of interest to you, Century Federal Credit Union is not responsible for the functioning, content or accuracy of these websites. You may access your account(s) by computer 24 hours a day by logging on to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal password, to:

Appears in 3 contracts

Samples: Online Banking Agreement, Online Banking Agreement, Online Banking Disclosure and Agreement

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Your Liability. Except as otherwise provided by law, you shall be liable for any loss or damages in all cases where: • We have followed the security procedures applicable to your Loan Account(s), • We have followed the transaction instructions provided to us, • You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized. Disclaimer Of Liability THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. Viruses And Links CFCU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site contains links to other Web sites we believe may be of interest to you, Century Federal Credit Union is not responsible for the functioning, content or accuracy of these websites. Online Banking & Bill Pay You may access your account(s) by computer 24 hours a day by logging on to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal password, to:

Appears in 3 contracts

Samples: Online Banking Agreement, Online Banking Agreement, Online Banking Agreement

Your Liability. Except as otherwise provided The liability of personal accountholders for unauthorized transfers from their accounts is limited by lawthe Electronic Fund Transfer Act and Federal Reserve Board Regulation E. A personal account is an account established in the name of a natural person primarily for personal, family, or household purposes. Any other account is a non-personal account. For non-personal accountholders, you are responsible for all transfers which are authorized using your User ID, Password, and one-time PIN. If you permit other persons to use BerkOnline® or your User ID and Password, you are responsible for any transactions they authorize. You assume the entire risk for the fraudulent, unauthorized, or otherwise improper use of your User ID and Password. We shall be entitled to rely on the genuineness and authority of all Instructions received by us when accompanied by such User ID and Password, and to act on such Instructions. You acknowledge that the error resolution and liability provisions applicable to consumers and consumer accounts contained in our Account Agreement and Disclosures and on the back of periodic statements or other documents that you may receive from us do not apply to non-consumer accounts For personal accounts, if we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your actual proven losses or damages as the law imposes in such cases caused by such failure but not for any special, incidental, or consequential damages, court costs, or attorney's fees, unless required by applicable law. However, there are some exceptions. In no event will we be liable for any loss indirect, incidental, special, or consequential damages in all cases whereif our failure was not intentional and resulted from a bona fide error, notwithstanding our procedures to avoid such error, or was reasonable and appropriate conduct. We will not be liable, for instance: • We (1) if, through no fault of ours, you do not have followed the security procedures applicable to your Loan Account(s), • We have followed the transaction instructions provided to us, • You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy enough sufficient immediately available funds in your billing statement regarding a transactionaccount to make the transfer; (2) if the transfer would go over the credit limit on your overdraft line on your account; (3) if your operating system, hardware, or • You or software, your current or former authorized representatives attempt or commit unauthorized, fraudulentexternal service provider, or dishonest acts. Your liability includesany part of BerkOnline® was not functioning properly at the time that you attempted to initiate the transfer and it was evident to you at the time that you started the transfer; (4) if your computer malfunctions; (5) if circumstances beyond our control, such as, but is not limited to, instances fire, flood, computer failure, power outages, or interference from an outside force, prevent the transfer from being properly made or completed, despite reasonable precautions that we have taken; (6) if we have reasonable cause not to honor for our or your protection; (7) if your BerkOnline® access has been suspended; (8) if the transaction would violate any applicable provision of any risk control program or applicable policies, procedures or practices, or government regulations; or (9) if the funds are subject to legal process or other encumbrance restricting the transfer. The list of examples set out in this paragraph is meant to illustrate circumstances under which we would not be liable for failing to make a transfer and is not intended to list all of the circumstances where we would not be liable. For non-personal accounts, we will not be liable for unauthorized transfers from any of your accounts or any errors or losses you sustain in using BerkOnline®, except where we fail to exercise ordinary care in processing any transaction. Our liability in any case shall be limited to the amount of any funds improperly transferred from your account less any amount which, even with the exercise of ordinary care, would have been lost, and our obligation to correct any errors or omissions will be limited to retransmitting any transfer request to or from your Transfer from Account. We will not be liable for transactions initiated by someone using your User ID, Password, and one-time PIN, unless you prove that your User ID, Password, and one-time PIN was wrongfully used by one of our employees or by a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining person who obtains access to our records and wrongfully obtains your transmitting facilities or your security informationUser ID, regardless of how that access or information was obtained Password, and regardless of whether the obtaining of such access or information is your faultone-time PIN from us. We are under no obligation to know that instructions may will not be erroneousliable if you or any person you give your User ID, improper Password, and one-time PIN to, or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIESwho obtains your User ID, REPRESENTATIONS OR ENDORSEMENTSPassword, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files one-time PIN from or at this Web site. While this Web site contains links to other Web sites we believe may be of interest to through you, Century Federal Credit Union is not responsible for directly or indirectly, contributes to the functioning, content or accuracy of these websites. You may access your account(s) by computer 24 hours a day by logging on to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal password, to:event which causes the loss.

Appears in 2 contracts

Samples: Berkonline® Banking Terms and Conditions, Berkonline® Banking Terms and Conditions

Your Liability. Except 13.1 In case you are using the Service as otherwise provided by lawa Consumer, you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument or from its misappropriation, before it is reported for up to a maximum of 50 EUR unless you were able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of the Financial Institution. In case you are not using the Service as a Consumer, you shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect transactions, as a result of use of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. When you do not use LeuPay Service as a Consumer, you agree that all payment transactions with your LeuPay Account or Card or other payment instruments will be considered as authorized by you if they are registered in the system of the respective Financial Institution. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, we shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, nothwistanding any loss or damages in all cases where: • We have followed rights of recourse to which we may be entitled against the security procedures applicable to your Loan Account(s), • We have followed the transaction instructions provided to us, • You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest actspayment service provider. Your liability includescap of 50 EUR maximum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider. 13.2 However, but is not limited toyou shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, instances where a former authorized agentnotwithstanding the amount of the losses or damages, representative if you have acted fraudulently or employee has, with intent or anyone else initiates a transaction gross negligence, failed to comply with the Agreement or law, including your detriment by obtaining obligations to preserve the security of your Identifying Credentials, providing access to your transmitting facilities Account, e-money or Card or other. 13.3 You shall be entitled to redress losses (excluding fees or interest in case your are not a Consumers) incurred by you in respect of unauthorized or incorrect transactions made after you have informed us for the unauthorized or incorrect transaction and we has been able to block the Account and/or Card or other payment instrument without undue delay in the day when your Account was debited or within 7 (seven) days afterwards, and in case where you have acted as a Consumer, no later than any longer period after the debit date, as provided in applicable legislation in the interest of Consumer. We will, on your request, make efforts to trace the transaction and notify you of the outcome. Where you are entitled to redress, we will refund the amount of the unauthorized transactions, less applicable fees as per Tariff, by crediting your Account. 13.4.1 You agree to indemnify, defend and hold us harmless , from and against any losses or negative Balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to your or your security informationemployees’, regardless agents’ or sub-contractors’, or 3rd parties’ use of how that access the Service, including, but not limited to Accounts or information was obtained Cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of your or your employees’, agents’ or sub-contractors’, or end customers’ or 3rd parties’ use of the Service, including, but not limited to Accounts or Cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and regardless of whether the obtaining of such access fees debited or information is your fault. We are under no obligation to know that instructions may be erroneouscharged by Card Organizations for charge back, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site contains links to other Web sites we believe may be of interest to you, Century Federal Credit Union is not responsible for the functioning, content or accuracy of these websites. You may access your account(s) by computer 24 hours a day by logging on to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal password, to:initiated

Appears in 1 contract

Samples: Legal Agreement for Leupay Account

Your Liability. Except as You are liable and agree to indemnify, defend, and hold us harmless from and against any and all liabilities, claims, demands, losses, costs, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any third party claim based on our provision of Services that you requested, including any responsibility that we have to others for handling or being associated with an instrument, transfer, or other transaction for you; (ii) your acts or omissions or breach of this Agreement; (iii) us acting on your requests, instructions, or processing submissions, even if we vary from our standard procedures in honoring such requests; (iv) any exchange rate loss that we may suffer in consequence of your breach of this Agreement; (v) our good faith acceptance or rejection of any transfer or request (including the acceptance of requests that do not comply with the Rules); or (vi) your use of any RPA in connection with any Services provided to you by us, including, without limitation, damage to Bank’s Technology, failure to use or breaches of any Security Procedure, incorrect Transmitted Information or failure of any Transmitted Information sent by your RPA, breaches in or failure of RPAs used in account opening, requesting or processing payments, requesting or processing FX Transactions, or sending or receiving files of any kind or type. In the event any checks, drafts, transfers, or other items on your Account are determined to bear an unauthorized signature, to have been altered or otherwise provided to be irregular, we may (even though not liable for such items) take action reasonably requested by lawyou to enforce against prior parties (including prior collecting banks, endorsers, and other holders) whatever rights you or we have against such prior parties. If we take such action, you shall indemnify us for all liabilities, costs, and expenses (including reasonable attorneys’ fees and legal expenses) incurred. We may or may not condition our taking of such action on your execution of a written indemnification obligation, but you will in any event remain responsible under the preceding sentence. You are not required to indemnify us for our own willful misconduct. • Exception Report Transmission Daily Exception reports should begin to be liable for any loss available at or damages in all cases where: • We about 10:00 a.m. on the day our midnight deadline occurs with respect to the Items. If you have followed the security procedures applicable not received or been able to access your Loan Account(s)Exception report by noon, • We have followed the transaction instructions provided to us, • You fail to you must notify us within a reasonable timeimmediately. Daily Exception reports should begin to be available at or about 9:00 a.m. on the day our midnight deadline occurs with respect to the Items. If you have not received or been able to access your Exception report by noon, not to exceed 30 days after receipt, you must notify us immediately. • Exception Report Deadline 3:00 p.m. on the same day that we made the report of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site contains links to other Web sites we believe may be of interest Exception available to you, Century Federal Credit Union is not responsible for . 2:00 p.m. on the functioning, content or accuracy same day that we made the report of these websites. You may access your account(s) by computer 24 hours a day by logging on the Exception available to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal password, to:you.

Appears in 1 contract

Samples: Treasury Services Agreement

Your Liability. Except as otherwise provided by law, you shall be liable for any loss or damages in all cases where: • We have followed the security procedures applicable to your Loan Account(s), • We have followed the transaction instructions provided to us, • You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU ECU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU ECU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU ECU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU ECU, VISA INC. AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ECU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ECU, VISA AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100. IN NO EVENT WILL ECU BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE ECU CARDS SERVICE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ECU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site contains links to other Web sites we believe may be of interest to you, Century Federal Credit Union ECU is not responsible for the functioning, content or accuracy of these websiteslinked sites. Consistent with our Security & Confidentiality Statement, ECU will protect your account information and other confidential information provided through Online Banking. You agree that ECU may disclose all or any portion of this information to its own employees, contractors, agents, affiliates, third party service providers, independent auditors, regulators, consultants or attorneys as needed (a determination within the sole discretion of ECU ) to provide, administer and monitor Online Banking and to carry out ECU 's responsibilities under this Agreement and all applicable law. ECU reserves the right to change the terms of this Agreement at any time. If any changes are made, the revised Agreement will be updated and posted on this Web site. Generally, a change in terms will become effective 30 days after the date notice is posted on the Web site. Your continued use of Online Banking after the effective date will be your agreement to be bound by this Agreement, as amended by the new terms. If ECU determines, in its sole discretion, that any change is needed immediately, ECU will post notice that such change becomes effective immediately. You are always free to reject any change in the terms of this Agreement by closing the Online Banking access to your account. ECU reserves the right to terminate your access under this Agreement or the Online Banking program at any time and without prior notice. In the event ECU decides to terminate this Agreement, ECU will make a reasonable attempt to notify you provided that circumstances allow for notification and the time required. You may access terminate this Agreement's applicability to your account(s) at any time, and without any fee or penalty, by computer 24 hours closing your account's Online Banking access through this Web site and terminating your use of Online Banking. You must do this by following the procedure set out on this Web site. If you have a day by logging dispute or concern regarding Online Banking or any of its services, including all transactions made through Online Banking, you should contact your local branch or call ECU at (000) 000-0000. You may request escalation of your issue within the credit union. We will do our best to resolve the issue directly with you. If we are unable to resolve your dispute to your satisfaction, you may contact the Credit Union Division of the State of Tennessee at the address below. Please refer to the Member Service Agreement Part 2 or Business Service Agreement Part 2 for additional information on dispute resolution. Credit Union Division Tennessee Tower 26th Floor 000 Xxxx X. Xxxxx Avenue Nashville, TN 37243 This Agreement is not in lieu of any other agreement or contract you have with Xxxxxxx Credit Union. Each of your agreements or contracts that you have with Xxxxxxx Credit Union will continue to our website at xxx.xxxxxxxx.xxx be in effect and using your personal login ID and personal password, to:will be subject to any other agreement that applies to it.

Appears in 1 contract

Samples: Online Banking Agreement

Your Liability. Except as otherwise provided by law, you shall be liable for any loss or damages in all cases where: • We have followed the security procedures applicable to your Loan Account(s), • We have followed the transaction instructions provided to ustous, • You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU ECU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU ECU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU ECU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU ECU, VISA INC. AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ECU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ECU, VISA AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100. IN NO EVENT WILL ECU BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE ECU CARDS SERVICE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ECU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site contains links to other Web sites we believe may be of interest to you, Century Federal Credit Union ECU is not responsible for the functioning, content or accuracy of these websiteslinked sites. Consistent with our Security & Confidentiality Statement, ECU will protect your account information and other confidential information provided through Online Banking. You agree that ECU may disclose all or any portion of this information to its own employees, contractors, agents, affiliates, third party service providers, independent auditors, regulators, consultants or attorneys as needed (a determination within the sole discretion of ECU ) to provide, administer and monitor Online Banking and to carry out ECU 's responsibilities under this Agreement and all applicable law. ECU reserves the right to change the terms of this Agreement at any time. If any changes are made, the revised Agreement will be updated and posted on this Web site. Generally, a change in terms will become effective 30 days after the date notice is posted on the Web site. Your continued use of Online Banking after the effective date will be your agreement to be bound by this Agreement, as amended by the new terms. If ECU determines, in its sole discretion, that any change is needed immediately, ECU will post notice that such change becomes effective immediately. You are always free to reject any change in the terms of this Agreement by closing the Online Banking access to your account. ECU reserves the right to terminate your access under this Agreement or the Online Banking program at any time and without prior notice. In the event ECU decides to terminate this Agreement, ECU will make a reasonable attempt to notify you provided that circumstances allow for notification and the time required. You may access terminate this Agreement's applicability to your account(s) at any time, and without any fee or penalty, by computer 24 hours closing your account's Online Banking access through this Web site and terminating your use of Online Banking. You must do this by following the procedure set out on this Web site. I you have a day dispute or concern regarding Online Banking or any of its services, including all transactions made by logging on or through Online Banking, you should contact your local branch or call ECU at (000) 000-0000. You may request escalation of your issue within the credit union. We will do our best to our website at xxx.xxxxxxxx.xxx resolve the issue directly with you. ECU does not require its members to engage in mandatory arbitration. If we are unable to resolve your dispute to your satisfaction, you may contact the Credit Union Division of the State of Tennessee at: Credit Union Division 000 Xxxxx Xxxxxx, Xxxxx 0000 Nashville, TN 37219 Tell ECU immediately if you believe your card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your checking account. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you notify ECU within 2 business days after you learn of the loss or theft of your card or PIN, you can lose no more than $50 if someone used your card or PIN without your permission. If you do NOT tell ECU within 2 business days after you learn of the loss or theft of your card or PIN, and ECU determines it could have stopped someone from using your personal login ID card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, PIN, or other means, notify ECU at once. If you do not notify ECU within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if ECU determines it 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 notifying us, ECU may extend the time periods. To report a lost or stolen card during regular work hours, please call 0-000-000-0000 or (000) 000-0000. After work hours and personal passwordweekends, please call 0-000-000-0000. You may also write us at: ECU Card Services, P.O. Box 1989, Kingsport, TN 37662. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your checking account without your permission. For purposes of these disclosures, ECU’s business days are Monday through Friday. Holidays on which ECU is closed are not included. You may use your card or PIN to:

Appears in 1 contract

Samples: Online Banking Agreement

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Your Liability. Except as You are liable and agree to indemnify, defend, and hold us harmless from and against any and all liabilities, claims, demands, losses, costs, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any third party claim based on our provision of Services that you requested, including any responsibility that we have to others for handling or being associated with an instrument, transfer, or other transaction for you; (ii) your acts or omissions or breach of this Agreement; (iii) us acting on your requests, instructions, or processing submissions, even if we vary from our standard procedures in honoring such requests; (iv) any exchange rate loss that we may suffer in consequence of your breach of this Agreement; or (v) our good faith acceptance or rejection of any transfer or request (including the acceptance of requests that do not comply with the Rules). In the event any checks, drafts, transfers, or other items on your Account are determined to bear an unauthorized signature, to have been altered or otherwise provided to be irregular, we may (even though not liable for such items) take action reasonably requested by lawyou to enforce against prior parties (including prior collecting banks, endorsers, and other holders) whatever rights you or we have against such prior parties. If we take such action, you shall indemnify us for all liabilities, costs, and expenses (including reasonable attorneys’ fees and legal expenses) incurred. We may or may not condition our taking of such action on your execution of a written indemnification obligation, but you will in any event remain responsible under the preceding sentence. You are not required to indemnify us for our own willful misconduct.  Exception Report Transmission Daily Exception reports should begin to be liable for any loss available at or damages in all cases where: • We about 10:00 a.m. on the day our midnight deadline occurs with respect to the Items. If you have followed the security procedures applicable not received or been able to access your Loan Account(s)Exception report by noon, • We have followed the transaction instructions provided to us, • You fail to you must notify us within a reasonable timeimmediately. Daily Exception reports should begin to be available at or about 9:00 a.m. on the day our midnight deadline occurs with respect to the Items. If you have not received or been able to access your Exception report by noon, not you must notify us immediately.  Exception Report Deadline 3:00 p.m. on the same day that we made the report of the Exception available to exceed 30 days you. 2:00 p.m. on the same day that we made the report of the Exception available to you.  Cut-Off 9:30 p.m. 8:30 p.m.  Presentment Transmission For items received by us prior to the Cut-Off on any banking day, the daily transmission will generally be made available at 4:00 a.m. on the next banking day following presentment (items received after receipt, of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions Cut-Off may be erroneousmade available on the following banking day). For items received by us prior to the Cut-Off on any banking day, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or daily transmission will generally be made available at this Web site. While this Web site contains links to other Web sites we believe 3:00 a.m. on the next banking day following presentment (items received after the Cut-Off may be of interest made available on the following banking day).  Bouncer Deadline 2:00 p.m. on the same day that we transmitted the daily transmission to which the bouncer sheet relates. 1:00 p.m. on the same day that we transmitted the daily transmission to which the bouncer sheet relates.  Cut-Off Bank Routing/Transit (“RT”) – 10:00 p.m. Bank Routing/Transit (“RT”) – 9:00 p.m.  Presentment Transmission Bank RT-For Drafts received by us prior to the Cut-Off On any banking day, a Draft List may be made available to you, Century Federal Credit Union is not responsible for on request, generally by 4:00 a.m. on the functioningFollowing bnking day. Bank RT-For Drafts received by us prior to the Cut-Off On any banking day, content or accuracy a Draft List may be made available to you, on request, generally by 3:00 a.m. on the Following bnking day.  Bouncer Deadline 10:00 a.m. on the next banking day following the date of these websitesthe Draft List identifying the relevant Draft. You may access your account(s) by computer 24 hours a 9:00 a.m. on the next banking day by logging following the date of the Draft List identifying the relevant Draft.  Bouncer Acknowledgment 1:00 p.m. on the day we receive the Draft Bouncer Sheet, if received prior to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal passwordthe Bouncer Deadline. 12:00 noon on the day we receive the Draft Bouncer Sheet, to:if received prior to the Bouncer Deadline.

Appears in 1 contract

Samples: Treasury Services Agreement

Your Liability. Except as ‌ You are liable and agree to indemnify, defend, and hold us harmless from and against any and all liabilities, claims, demands, losses, costs, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any third party claim based on our provision of Services that you requested, including any responsibility that we have to others for handling or being associated with an instrument, transfer, or other transaction for you; (ii) your acts or omissions or breach of this Agreement; (iii) us acting on your requests, instructions, or processing submissions, even if we vary from our standard procedures in honoring such requests; (iv) any exchange rate loss that we may suffer in consequence of your breach of this Agreement; (v) our good faith acceptance or rejection of any transfer or request (including the acceptance of requests that do not comply with the Rules); or (vi) your use of any RPA in connection with any Services provided to you by us, including, without limitation, damage to Bank’s Technology, failure to use or breaches of any Security Procedure, incorrect Transmitted Information or failure of any Transmitted Information sent by your RPA, breaches in or failure of RPAs used in account opening, requesting or processing payments, requesting or processing FX Transactions, or sending or receiving files of any kind or type. In the event any checks, drafts, transfers, or other items on your Account are determined to bear an unauthorized signature, to have been altered or otherwise provided to be irregular, we may (even though not liable for such items) take action reasonably requested by lawyou to enforce against prior parties (including prior collecting banks, endorsers, and other holders) whatever rights you or we have against such prior parties. If we take such action, you shall indemnify us for all liabilities, costs, and expenses (including reasonable attorneys’ fees and legal expenses) incurred. We may or may not condition our taking of such action on your execution of a written indemnification obligation, but you will in any event remain responsible under the preceding sentence. You are not required to indemnify us for our own willful misconduct. EXHIBIT 1‌ • Exception Report Transmission Daily Exception reports should begin to be liable for any loss available at or damages in all cases where: • We about 10:00 a.m. on the day our midnight deadline occurs with respect to the Items. If you have followed the security procedures applicable not received or been able to access your Loan Account(s)Exception report by noon, • We have followed the transaction instructions provided to us, • You fail to you must notify us within a reasonable timeimmediately. Daily Exception reports should begin to be available at or about 9:00 a.m. on the day our midnight deadline occurs with respect to the Items. If you have not received or been able to access your Exception report by noon, not to exceed 30 days after receipt, you must notify us immediately. • Exception Report Deadline 3:00 p.m. on the same day that we made the report of any discrepancy in your billing statement regarding a transaction, or • You or your current or former authorized representatives attempt or commit unauthorized, fraudulent, or dishonest acts. Your liability includes, but is not limited to, instances where a former authorized agent, representative or employee or anyone else initiates a transaction to your detriment by obtaining access to your transmitting facilities or your security information, regardless of how that access or information was obtained and regardless of whether the obtaining of such access or information is your fault. We are under no obligation to know that instructions may be erroneous, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU disclaims all responsibility and liability for any damages caused by viruses contained within the electronic files or at this Web site. While this Web site contains links to other Web sites we believe may be of interest Exception available to you, Century Federal Credit Union is not responsible for . 2:00 p.m. on the functioning, content or accuracy same day that we made the report of these websites. You may access your account(s) by computer 24 hours a day by logging on the Exception available to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal password, to:you.

Appears in 1 contract

Samples: Treasury Services Agreement

Your Liability. Except as otherwise provided by lawYou are liable for all unauthorized transactions made with your Card, or the PIN associated with your Card, that occur prior to the time you notify us to cancel your Card due to an unauthorized transaction or lost or stolen Card or PIN. For transactions processed through the VISA system or for transactions processed through Plus, you shall will have no liability for unauthorized transactions (that is, your liability will not exceed zero dollars) if you report the unauthorized transaction to us within the required timeframe. This special zero liability limit will not apply if we determine that you were grossly negligent or fraudulent in the handling of your account or your VISA Check Card. If you notify us of a loss of funds due to an unauthorized transaction that was processed through VISA or Plus using your VISA Check Card, we will give you provisional credit of the money within five business days of your notice to us. We may require written confirmation from you before providing provisional credit, to the extent allowed under applicable law or governing rule. Use of the Card or PIN is controlled by you and Bank has no obligation or responsibility to limit use of your Card to individuals specified as “authorized signers” on a signature card for any Account or to other individuals specifically identified by you as authorized to use a Card or corresponding PIN. All use of a Card bearing your name will be and is deemed to be an act of you and your responsibility, whether or not the Card is or is not a valid Card. For avoidance of doubt, you will be liable for all transactions made using a Card, PIN or Debit Card number contemplated under this Agreement. You shall be responsible for unauthorized transactions, regardless of whether such transactions were effectuated: (i) by or on behalf of any loss authorized individual, by a business co-owner, or damages any other person with an interest in or authority to transact on the account, or for any authorized purpose, or by an unauthorized person or in conflict with any usage limitation established by Company; (ii) using a valid PIN; or (iii) in accordance with any rules or regulations of Visa, its affiliated networks, Bank or any merchant. Without limiting the foregoing, Company is responsible for any and all cases where: • We have followed transactions of any type processed through an authorized system if Bank receives transaction data identifying a Card, PIN or other access device as one issued to Company. For purposes of this Agreement, an authorized system is any system that will process transaction data for valid Cards (including Visa and any other POS and ATM system shown as a logo on any Card). You understand that issuance of the security procedures applicable Card(s) provided pursuant to this Agreement creates an inherent risk of unauthorized use. Authorization for use of the Cards and any PIN(s) is not dependent upon or limited to either those individuals specified on the signature card for an account linked to your Loan Account(s), • We have followed the transaction instructions provided to us, • You fail to notify us within a reasonable time, not to exceed 30 days after receipt, of any discrepancy in your billing statement regarding a transactionCard, or other individuals specifically authorized by Company to use a Card or PIN (such as Cardholders). Authorization for use of a Card and corresponding PIN(s) will not be subject to review by Bank. You assume the risk of loss associated with unauthorized use of the access provided herein, including but not limited to theft and embezzlement of a valid Card and the creation or your current forgery of a card. You specifically assume any risk associated with the fact that Cards may be distributed or former authorized representatives attempt or commit unauthorizedredistributed among various individuals. You further assume any risk associated with disclosing PIN information to others, fraudulent, or dishonest acts. Your liability includesincluding, but is not limited to, instances where a former authorized agentrisks of loss associated with theft or embezzlement. You agree to pay Bank for all transactions for which you are liable under this Agreement, representative or employee or anyone else initiates a transaction and authorize Bank to charge any account of Company at Bank for the same (including all accounts linked to your detriment by obtaining access Card). Company’s liability for all transactions under this Agreement will continue until the later of the time that all Cards are returned to your transmitting facilities Bank, or your security informationCompany instructs Bank to cancel all Cards and Bank has had a reasonable opportunity to cancel all Cards. You understand that loss or theft of a Card, regardless or any unauthorized use of how that access or information was obtained and regardless of whether the obtaining of such access or information a Card, is your fault. We are under no obligation basis for you to know that instructions may be erroneous, improper or unauthorized. THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. CFCU AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSIBLE FROM, OR VIA THIS SERVER OR THE INTERNET GENERALLY. CFCU DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. IN NO EVENT SHALL CFCU BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ACCESSIBLE FROM, OR VIA, THIS SERVER OR THE INTERNET GENERALLY. CFCU disclaims all responsibility and avoid liability for any damages caused by viruses contained within Card transaction, whether before or after Company informs Bank of loss or theft of the electronic files Card. Bank may require closure of an account linked to your Card and re-issuance of one or at this Web site. While this Web site contains links more Cards as a means of preventing further losses, and Company agrees to other Web sites we believe may be of interest to you, Century Federal Credit Union is not responsible for bear all costs associated with the functioning, content or accuracy of these websites. You may access your account(s) by computer 24 hours a day by logging on to our website at xxx.xxxxxxxx.xxx and using your personal login ID and personal password, to:same.

Appears in 1 contract

Samples: Business Deposit Only Atm and Visa® Business Debit Card Agreement

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