Common use of LIMITATION OF WARRANTY AND LIABILITY Clause in Contracts

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that the bank’s external funds transfer service is provided "as- is" except as otherwise provided in this agreement or as required by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and expressly agree that use Of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external funds transfer service is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damages, including without limitation damage to your computer system Or loss of data that results from the download or the obtaining of such material and/or data; Except as expressly set forth on the bank’s web site or in this agreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and we make no warranty or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by the bank from the accounts or that the external funds transfer service will meet any user's requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer service, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by a third party, any transactions entered into based on the external funds transfer service, any loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that the bankAvidia Bank’s external funds transfer service is provided "“as- is" ” except as otherwise provided in this agreement or as required by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and expressly agree that use Of of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external funds transfer service is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damages, including without limitation damage to your computer system Or loss of data that results from the download or the obtaining of such material and/or data; Except as expressly set forth on the bankAvidia Bank’s web site consumer internet banking application or in this agreementAgreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and we make no warranty or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by the bank Avidia Bank from the accounts or that the external funds transfer service will meet any user's ’s requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer service, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by a third party, any transactions entered into based on the external funds transfer service, any loss of, unauthorized access to or alteration of a user's ’s transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that the bank’s external funds transfer service is provided "as- “as-is" ” except as otherwise provided in this agreement or as required by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and expressly agree that use Of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external funds transfer service is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damages, including without limitation damage to your computer system Or loss of data that results from the download or the obtaining of such material and/or data; Except as expressly set forth on the bank’s web site or in this agreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and we make no warranty or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by the bank from the accounts or that the external funds transfer service will meet any user's ’s requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer service, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by a third party, any transactions entered into based on the external funds transfer service, any loss of, unauthorized access to or alteration of a user's ’s transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that the bank’s external funds transfer service Service is provided "as- as-is" , except as otherwise provided in this agreement Agreement or as required by law, we . We assume no responsibility for the timelinesstimelines, deletion, mis-delivery delivery, or failure to store any user communications or personalization settings. You understand and expressly agree that use Of of the external funds transfer service Service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external funds transfer service Service is downloaded or obtained at your own discretion and risk risk, and that you will be solely responsible for any damages, including without limitation limitation, damage to your computer system Or system, or loss of data that results from the download or the obtaining of such material and/or data; . Except as expressly set forth on the bank’s web site website or in this agreementAgreement, we disclaim all warranties of any kind, express expressed or implied, including without limitation limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, ; and we make no warranty or of representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy accuracy, or reliability of any information obtained through the external funds transfer serviceService, the accuracy of any information retrieved by the bank us from the accounts Accounts; or that the external funds transfer service Service will meet any user's requirements, be uninterrupted, timely, secure secure, or error free,except . Except as described in this agreementAgreement, we will not be liable for any direct, indirect, incidental, special, consequential consequential, or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer service, Service; any inaccuracy of any information or amount retrieved by us from the accounts, Accounts; any breach of security caused by a third party, ; any transactions entered into based on the external funds transfer service, Service; any loss of, unauthorized access to to, or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data data, or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand Understand and agree that the bank’s external funds transfer service Agree That Our Funds Transfer Service is provided "as- Provided “as-is" except .” Except as otherwise provided Otherwise Provided in this agreement This Agreement or as required Required by lawLaw, we assume no responsibility We Assume No Responsibility for the timelinessTimeliness, deletionDeletion, misMis-delivery or failure Failure to store any user communications Store Any User Communications or personalization settingsPersonalization Settings. You understand Understand and expressly agree that use Of Expressly Agree That Use of the external funds transfer service Funds Transfer Service is at your sole riskYour Sole Risk, that any material That Any Material and/or data downloaded Data Downloaded or otherwise obtained through Otherwise Obtained Through the use Use of the external funds transfer service Funds Transfer Service is downloaded Downloaded or obtained Obtained at your own discretion Your Own Discretion and risk Risk and that you will be solely responsible That You Will Be Solely Responsible for any damagesAny Damages, including without limitation damage Including Without Limitation Damage to your computer system Or loss Your Computer System or Loss of data that results from Data That Results From the download Download or the obtaining Obtaining of such material Such Material and/or data; Data. Except as expressly set forth Expressly Set Forth on the bank’s web site Central One Federal Credit Union Web Site or in this agreementThis Agreement, we disclaim all warranties We Disclaim All Warranties of any kindAny Kind, express Express or impliedImplied, including without limitation any warranty Including Without Limitation Any Warranty of merchantabilityMerchantability, fitness Fitness for a particular purpose Particular Purpose or non-Non- infringement of intellectual property Intellectual Property or third party rightsThird Party Rights, and we make no warranty We Make No Warranty or representation regarding Representation Regarding the results that may be obtained from Results That May Be Obtained From the use Use of the external funds transfer serviceFunds Transfer Service, the accuracy Accuracy or reliability Reliability of any information obtained through Any Information Obtained Through the external funds transfer serviceFunds Transfer Service, the accuracy Accuracy of any information retrieved Any Information Retrieved by Us From the bank from Accounts or That the accounts Funds Transfer Service Will Meet Any User’s Requirements, Be Uninterrupted, Timely, Secure or that Error Free. Except as Described in This Agreement, We Will Not Be Liable for Any Direct, Indirect, Incidental, Special, Consequential or Punitive Damages of Any Kind Resulting From the external funds transfer service will meet any user's requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use Use of or the inability Inability to use Use the external funds transfer serviceFunds Transfer Service, any inaccuracy Any Inaccuracy of any information Any Information or amount retrieved Amount Retrieved by us from Us From the accountsAccounts, any breach Any Breach of security caused Security Caused by a third partyThird Party, any transactions entered into based Any Transactions Entered Into Based on the external funds transfer serviceFunds Transfer Service, any loss Any Loss of, unauthorized access Unauthorized Access to or alteration Alteration of a user's transmissions User’s Transmissions or data Data or for the cost Cost of procurement Procurement of substitute goods Substitute Goods and servicesServices, including Including but not limited Not Limited to damages Damages for loss Loss of profitsProfits, useUse, data Data or other intangiblesOther Intangibles, even Even if we had been advised We Had Been Advised of the possibility Possibility of such damagesSuch Damages.

LIMITATION OF WARRANTY AND LIABILITY. You understand and agree that the bank’s external funds transfer service is provided "as- as-is" except . Except as otherwise provided in this agreement or as required by law, we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store any any, user communications or personalization settings. You understand and expressly agree that your use Of of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the your use of the external funds transfer service is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damages, including without limitation damage to your computer system Or loss of data damages that results result from the download or the obtaining of such material and/or data; . Except as expressly set forth on the bank’s family trust web site or in this agreement, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and we . We make no warranty or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by the bank us from the accounts or that the external funds transfer service will meet any user's requirements, be uninterrupted, timely, secure or error error-free,except . Except as described in this agreement, we will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the external funds transfer service, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by a third party, any transactions entered into based on the external funds transfer service, any loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.

LIMITATION OF WARRANTY AND LIABILITY. Our Content is intended as a professional reference tool. You understand are responsible for using professional judgment and agree for confirming and interpreting the data reported in our Content before using or relying on such information. We anticipate that the bank’s external funds transfer service is provided "as- is" except as otherwise provided in this agreement or as required by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand and expressly agree that use Of the external funds transfer service is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the external funds transfer service is downloaded or obtained at your own discretion and risk and that you Site will be solely responsible available for access 24 hours per day throughout the year and we agree to make every reasonable effort to resolve promptly any damagesdisruption of access or other error in connection with the Site. OUR CONTENT IS PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, including without limitation damage EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR YOUR PARTICULAR PURPOSE. Although we believe our Content to your computer system Or loss of data that results from the download or the obtaining of such material and/or data; Except be complete and accurate as expressly set forth on the bank’s web site or in this agreementdescribed therein, we disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property or third party rights, and we make no warranty representations regarding completeness or representation regarding the results that may be obtained from the use of the external funds transfer service, the accuracy or reliability of any information obtained through the external funds transfer service, the accuracy of any information retrieved by the bank from the accounts or that the external funds transfer service will meet any user's requirements, be uninterrupted, timely, secure or error free,except as described in this agreement, we accuracy. We will not be liable to Subscriber for any direct, indirect, incidental, special, consequential damage or punitive damages loss of any kind arising out of or resulting from the use access or lack of or the inability to use the external funds transfer service, any inaccuracy of any information or amount retrieved by us from the accounts, any breach of security caused by a third party, any transactions entered into based on the external funds transfer service, any loss of, unauthorized access to or alteration use of a user's transmissions or data or for the cost of procurement of substitute goods and servicesour Content, including but not limited to damages your reliance on it, errors in the data it contains, and data loss or corruption, regardless of whether such liability is based in tort, contract or otherwise. If the foregoing limitation is held to be unenforceable, our maximum liability shall not exceed the amount of the license fees you have paid to us under this Agreement. The remedies available to Subscriber against us under this Agreement are exclusive. LICENSE In return for loss Subscriber's compliance with all of profitsthe terms of this Agreement (including, if you are a paying subscriber, payment of the applicable subscription fee), and subject to all of the limitations noted above and below, we hereby grant to you a limited, nonexclusive, nontransferable license to access and display on your personal computer monitor(s) our Content solely for your personal use. Sequential free trials from the same user and/or the same company are strictly prohibited. SCOPE OF YOUR LICENSE Access Limited to You: Subscriber agrees that under no circumstances may you permit any other person or entity, data including your fellow employees or employer, to access the password protected areas of the Site or other intangiblesnonpublic Content without authorization, even including (a) by allowing anyone else besides you to use your username and password for the purpose of accessing the Site, (b) by using your username and password to access the Site for an another person, or (c) transmitting and/or sharing Content that has been sent to you by electronic mail. You are solely responsible for maintaining the confidentiality of your username and password. You may access the Site from any computer that you are personally using, in any location. Subscriber may not use any information and/or data (including, but not limited to, price information) contained in any of our publications in connection with the creation, marketing, trading, clearing, or settlement of financial products or financial contracts as a third party to the relevant transaction such as, for example, futures contracts, options contracts, and Over the Counter (OTC) swaps. We shall consider any use of such information and/or data by Subscriber, or any other person or entity at Subscriber's request or direction, a material breach of this Agreement thereby entitling us to terminate the Agreement immediately, without providing notice or a refund of monies paid to date. Limitations on Printing and Downloading: Subscriber may not copy (photo statically, electronically, or via facsimile) an entire issue of any of our publications or one or more data series. Unless you have purchased an "NGI Data Feed" which allows you to download a tab separated data file, you may not systematically extract a data series, either manually or electronically, nor may you distribute copies and/or extracted data to individuals or entities or databases (including a subsidiary or parent corporation of your employer.) This prohibition includes the manual entry of a single price or price series into any manner of database, settlement, or trade capture system. YOUR SECURITY OBLIGATIONS In the event that Subscriber has reason to believe that someone has obtained unauthorized access to our Content, Subscriber agrees (i) to notify us within 30 days of all information in Subscriber's possession regarding such potential unauthorized access, (ii) to take reasonable action to resolve the unauthorized access, and (iii) to cooperate with us in resolving the unauthorized access. We will not hold Subscriber liable for unauthorized access if Subscriber complies with this paragraph, unless Subscriber has willfully breached the limitations of this license. LENGTH OF YOUR LICENSE Your license will continue through the conclusion of any free trial period and for as long as you are a paid subscriber to our service, provided that Subscriber complies with the terms and conditions of this Agreement. We may terminate your license and restrict, suspend or terminate your access to our Content for any reason or no reason effective upon written notice to you if we had been advised tender a prorated refund of any fee you have paid for the license. If Subscriber has violated this Agreement (for example, by providing access to our Content to unauthorized persons,) we may terminate your license immediately without notice and we will not be obligated to provide a refund to you. The occurrence of any one (1) or more of the possibility following events shall constitute a material breach and shall cause Subscriber to be in immediate default of this Agreement, regardless of notice by us: (a) the making by Subscriber of any general arrangement or any assignment to or for the benefit of any creditors, (b) the filing by or against Subscriber of a petition with a court of competent jurisdiction to have Subscriber adjudged bankrupt, or a petition under any law relating to bankruptcy seeking the adjustment, composition, postponement, reduction or reorganization of its obligations (unless, in the case of a petition filed against Subscriber, such possession of Subscriber's interest in this Agreement, (d) the attachment, execution, other judicial seizure and/or sale of Subscriber's interest in this Agreement, or (e) any change in the control of Subscriber, including but not limited to, a sale or other distribution of fifty percent (50%) or more of the outstanding shares of stock of Subscriber, the direct or indirect sale, redemption or other transfer of fifty percent (50%) or more of the voting equity interests in Subscriber, or the acquisition of a fifty percent (50%) or more voting equity interest in Subscriber. If any of the events of default listed above in (a) through (e) occurs, the License granted herein shall be immediately terminated, regardless of the date of such damagesevent of default.