Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify you and hold you harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and expenses arising from my use of the Services and/or breach of this Disclosure and Agreement. I understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. Telephone you at: (000) 000-0000 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxx.xxx Limitation of Liability FINANCIAL INSTITUTION AND EACH THIRD PARTY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ANY SOFTWARE PROVIDED BY OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, EACH THIRD PARTY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OPERATION OF THE SERVICES OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS OR FEATURES OF THE SERVICES OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICES, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY OTHER PARTY. IN NO EVENT WILL ANY THIRD PARTY BE LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING THE LESSER OF THE ACTUAL DAMAGES INCURRED BY CUSTOMER OR THE FEES PAID BY CUSTOMER FOR USE OF THE RESPECTIVE THIRD PARTY SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE EVENT GIVING RISE TO THE LIABILITY TOOK PLACE, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL A THIRD PARTY BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification Customer shall indemnify, defend and hold harmless each Third Party and its respective affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Customer’s use of the Third Party Software, unless such claim directly results from an action or omission made by such Third Party in bad faith.
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Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify you and hold you harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s attorneys' fees and expenses arising from my use of the Services RDCS and/or breach of this Disclosure and Agreement. I understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors Errors. In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below, Monday through Friday, 8:30 AM to 8:00 PM eastern: Telephone Number: 800-936-7730 ext. Telephone you at: (000) 000-0000 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxx.xxx 1650 Limitation of Liability FINANCIAL INSTITUTION AND EACH THIRD PARTY DISCLAIMS Liability. I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement. Warranties. I UNDERSTAND THAT THE CREDIT UNION DOES NOT MAKE ANY AND ALL REPRESENTATIONS AND WARRANTIESWARRANTIES ON EQUIPMENT, EXPRESS HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE HEREUNDERINCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND CREDIT UNION IS NOT RESPONSIBLE FOR ANY SOFTWARE PROVIDED BY LOSS, INJURY OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, EACH THIRD PARTY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OPERATION OF THE SERVICES OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS OR FEATURES OF THE SERVICES OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICES, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY OTHER PARTY. IN NO EVENT WILL ANY THIRD PARTY BE LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING THE LESSER OF THE ACTUAL DAMAGES INCURRED BY CUSTOMER OR THE FEES PAID BY CUSTOMER FOR USE OF THE RESPECTIVE THIRD PARTY SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE EVENT GIVING RISE TO THE LIABILITY TOOK PLACEDAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL A THIRD PARTY BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTALDIRECT, INDIRECT, PUNITIVESPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR THE CREDIT UNION'S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USEEQUIPMENT. Change in Terms. You may change the terms and charges for RDCS indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, LOSS OF DATAmodify, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENTadd to, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESor delete from this Disclosure and Agreement from time to time. Indemnification Customer shall indemnify, defend and hold harmless each Third Party and its respective affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Customer’s My use of RDCS after receipt of notification of any change by you constitutes my acceptance of the Third Party Softwarechange. Termination of the Services. I may, unless such claim directly results from an action or omission made by such Third Party written request, terminate use of RDCS provided for in bad faiththis Disclosure and Agreement. You may terminate my use of RDCS at any time upon written notice. In the event of termination of RDCS, I will remain liable for all transactions performed on my Account.
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Accountholder’s Indemnification Obligation. I You understand and agree that I am you are required to indemnify you us and hold you us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s attorneys' fees and expenses arising from my your use of the Services and/or breach of this Disclosure and Agreement. I You understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. Telephone you atDISCLAIMER OF WARRANTIES: (000) 000-0000 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxx.xxx Limitation of Liability FINANCIAL INSTITUTION AND EACH THIRD PARTY DISCLAIMS YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL REPRESENTATIONS INFORMATION AND WARRANTIESCONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE HEREUNDERINCLUDING, INCLUDING ANY BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. THE SERVICES AND WE MAKE NO WARRANTY THAT ANY SOFTWARE PROVIDED BY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, EACH THIRD PARTY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OPERATION OF THE SERVICES OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, . WE MAKE NO WARRANTY THAT THE FUNCTIONS RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR FEATURES OF THE SERVICES OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS RELIABLE OR THAT THE SERVICES ANY ERRORS IN ANY REMOTE BANKING SERVICE OR SOFTWARE TECHNOLOGY WILL OPERATE COMPATIBLY WITH PRODUCTSBE CORRECTED. LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, SERVICESINDIRECT, HARDWARE INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SOFTWARE USED EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OFFERED OTHER LOSSES INCURRED BY ANY OTHER PARTY. IN NO EVENT WILL YOU OR ANY THIRD PARTY BE LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING ARISING FROM OR RELATED TO THE LESSER USE OF, INABILITY TO USE, OR THE TERMINATION OF THE ACTUAL DAMAGES INCURRED BY CUSTOMER OR THE FEES PAID BY CUSTOMER FOR USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE RESPECTIVE THIRD PARTY SOFTWARE IN THE TWELVE FORM OF ACTION OR CLAIM (12) MONTHS PRIOR TO WHEN THE EVENT GIVING RISE TO THE LIABILITY TOOK PLACE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL A THIRD PARTY BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT), EVEN IF IT HAS WE HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. Indemnification Customer shall indemnify, defend and hold harmless each Third Party and its respective affiliates, officers, employees and agents from and against Financial Information: You must inform us immediately of any third party claims, suits, proceedings, actions material change in your financial circumstances or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Customer’s use in any of the Third Party Software, unless such claim directly results information provided in your Application for services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from an action or omission made by such Third Party in bad faithtime to time.
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Samples: Account Agreement
Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify you indemnify, defend and hold you harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, liabilitiesinjuries, costsfines, penalties, costs and expensesexpenses including, including without limitation, reasonable attorney’s attorneys’ fees and expenses arising court costs (including expert fees) you incur or suffer and arising, directly or indirectly, from or in connection with my use of the Services and/or any breach of this Disclosure and Agreement. I understand This agreement to indemnify, defend and agree that this paragraph shall hold harmless will survive the termination of my Account or the termination this Disclosure and Agreement. In Case of Errors Errors. In the event that I believe there has been an error with respect to any original paper check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. Telephone you at: (0-000) -000-0000 or 1-502-968-3681 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxx.xxx xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx Limitation of Liability FINANCIAL INSTITUTION Liability. I UNDERSTAND AND EACH THIRD PARTY DISCLAIMS AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY AND ALL REPRESENTATIONS AND WARRANTIESINDIRECT, EXPRESS INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR IMPLIEDCONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, STATUTORY OR OTHERWISE HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ANY SOFTWARE PROVIDED BY OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, EACH THIRD PARTY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OPERATION MY USE OF THE SERVICES OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREEMY BREACH OF THIS DISCLOSURE AND AGREEMENT, THAT THE FUNCTIONS OR FEATURES OF THE SERVICES OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICES, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY OTHER PARTY. IN NO EVENT WILL ANY THIRD PARTY BE LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING THE LESSER OF THE ACTUAL DAMAGES INCURRED BY CUSTOMER OR THE FEES PAID BY CUSTOMER FOR USE OF THE RESPECTIVE THIRD PARTY SOFTWARE IN THE TWELVE (12) MONTHS PRIOR INCLUDING BUT NOT LIMITED TO WHEN THE EVENT GIVING RISE TO THE LIABILITY TOOK PLACE, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL A THIRD PARTY BE LIABLE FOR ANY LOSS OF LOST PROFITS, OR ANY SPECIALBUSINESS INTERRUPTIONS, INCIDENTALRETURNED ITEMS, INDIRECT, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENTAND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF IT HAS YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification Customer shall indemnifyTHIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF MY ACCOUNT OR THE TERMINATION THIS DISCLOSURE AND AGREEMENT. Charges for Use of the Services. All charges associated with the Services are disclosed in your “Fee Schedule” which you received at account opening or may be accessed by clicking here. Warranties. I UNDERSTAND THAT YOU DO NOT MAKE AND THAT YOU EXPRESSLY DISCLAIM ALL WARRANTIES, defend EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ON ANY EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I UNDERSTAND YOU SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY (i) THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR BE ERROR-FREE OR AS EXPECTED, (ii) THAT THE SERVICES MEET MY NEEDS OR MY REQUIREMENTS, OR (iii) THAT ANY OR ALL OF THE DATA OR INFORMATION TRANSMITTED OR PROVIDED THROUGH THE USE OF SERVICES IS ACCURATE, UP- TO-DATE OR COMPLETE. ALL DATA OR ALL INFORMATION TRANSMITTED OR PROVIDED THROUGH THE SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. YOU ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR MY USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE AND SOFTWARE, MY PERSONAL MOBILE DEVICE AND SOFTWARE, ANY OF MY OTHER SOFTWARE, OR OTHER EQUIPMENT EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Change in Terms. You may change the terms and hold harmless each Third Party charges for the Services indicated in this Disclosure and its respective affiliatesAgreement by notifying me of such change in writing and may amend, officersmodify, employees add to, or delete from this Disclosure and agents Agreement from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, time to the extent such claim is related to Customer’s time. My use of the Third Party SoftwareServices after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, unless such claim directly results from an action by written request, terminate the Services provided for in this Disclosure and Agreement. You may terminate my use of the Services at any time upon written notice. In the event of termination of the Services, I will remain liable for all transactions performed on my Account and this liability will survive the termination of my Account or omission made by such Third Party in bad faiththe termination of this Disclosure and Agreement.
Appears in 1 contract
Samples: Disclosure and Agreement
Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify you and hold you harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s attorneys’ fees and expenses arising from my use of the Services and/or breach of this Disclosure and Agreement. I understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors Errors. In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. Telephone you at: (000) 000-000 0000 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxx.xxx Limitation of Liability Liability. I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement. Charges for Use of the Services. There are no charges associated with the use of Mobile Remote Deposit Capture. Warranties. I UNDERSTAND THAT THE FINANCIAL INSTITUTION AND EACH THIRD PARTY DISCLAIMS DOES NOT MAKE ANY AND ALL REPRESENTATIONS AND WARRANTIESWARRANTIES ON EQUIPMENT, EXPRESS HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE HEREUNDERINCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND FINANCIAL INSTITUTION IS NOT RESPONSIBLE FOR ANY SOFTWARE PROVIDED BY LOSS, INJURY OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, EACH THIRD PARTY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OPERATION OF THE SERVICES OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS OR FEATURES OF THE SERVICES OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICES, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY OTHER PARTY. IN NO EVENT WILL ANY THIRD PARTY BE LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING THE LESSER OF THE ACTUAL DAMAGES INCURRED BY CUSTOMER OR THE FEES PAID BY CUSTOMER FOR USE OF THE RESPECTIVE THIRD PARTY SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE EVENT GIVING RISE TO THE LIABILITY TOOK PLACEDAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL A THIRD PARTY BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTALDIRECT, INDIRECT, PUNITIVESPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR THE FINANCIAL INSTITUTION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USEEQUIPMENT. Change in Terms. You may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, LOSS OF DATAmodify, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENTadd to, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESor delete from this Disclosure and Agreement from time to time. Indemnification Customer shall indemnify, defend and hold harmless each Third Party and its respective affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Customer’s My use of the Third Party SoftwareServices after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, unless such claim directly results from an action or omission made by such Third Party written request, terminate the Services provided for in bad faiththis Disclosure and Agreement. You may terminate my use of the Services at any time without notice. In the event of termination of the Services, I will remain liable for all transactions performed on my Account.
Appears in 1 contract
Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify you and hold you harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s attorneys' fees and expenses arising from my use of the Services RDCS and/or breach of this Disclosure and Agreement. I understand and agree that this paragraph shall survive the termination of this Agreement. In Case of Errors Errors. In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach as set forth below. , Monday through Friday, 8:30 AM to 5:00 PM Eastern: Telephone you atNumber: (000) -000-0000 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxx.xxx xxx.0000 Limitation of Liability FINANCIAL INSTITUTION AND EACH THIRD PARTY DISCLAIMS Liability. I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement. Warranties. I UNDERSTAND THAT THE CREDIT UNION DOES NOT MAKE ANY AND ALL REPRESENTATIONS AND WARRANTIESWARRANTIES ON EQUIPMENT, EXPRESS HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE HEREUNDERINCLUDING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND CREDIT UNION IS NOT RESPONSIBLE FOR ANY SOFTWARE PROVIDED BY LOSS, INJURY OR ON BEHALF OF A THIRD PARTY UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT LIMITING THE FOREGOING, EACH THIRD PARTY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT THE OPERATION OF THE SERVICES OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS OR FEATURES OF THE SERVICES OR SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL OPERATE COMPATIBLY WITH PRODUCTS, SERVICES, HARDWARE OR SOFTWARE USED OR OFFERED BY ANY OTHER PARTY. IN NO EVENT WILL ANY THIRD PARTY BE LIABLE HEREUNDER FOR AN AMOUNT EXCEEDING THE LESSER OF THE ACTUAL DAMAGES INCURRED BY CUSTOMER OR THE FEES PAID BY CUSTOMER FOR USE OF THE RESPECTIVE THIRD PARTY SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE EVENT GIVING RISE TO THE LIABILITY TOOK PLACEDAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT WILL A THIRD PARTY BE LIABLE FOR ANY LOSS OF PROFITS, OR ANY SPECIAL, INCIDENTALDIRECT, INDIRECT, PUNITIVESPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR THE CREDIT UNION'S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USEEQUIPMENT. Change in Terms. You may change the terms and charges for RDCS indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, LOSS OF DATAmodify, OR LOSS OF BUSINESS) IN CONNECTION WITH ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENTadd to, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESor delete from this Disclosure and Agreement from time to time. Indemnification Customer shall indemnify, defend and hold harmless each Third Party and its respective affiliates, officers, employees and agents from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Customer’s My use of RDCS after receipt of notification of any change by you constitutes my acceptance of the Third Party Softwarechange. Termination of the Services. I may, unless such claim directly results from an action or omission made by such Third Party written request, terminate use of RDCS provided for in bad faiththis Disclosure and Agreement. You may terminate my use of RDCS at any time upon written notice. In the event of termination of RDCS, I will remain liable for all transactions performed on my Account.
Appears in 1 contract
Samples: Disclosure and Agreement
