Common use of Responsibility and Liability for Transactions Clause in Contracts

Responsibility and Liability for Transactions. You are solely responsible for the security of your PIN and all uses of your Card. All Transactions made with your PIN and/or Card are conclusively presumed to have been authorized by you. Except to the extent provided in this Agreement for Visa® Purchases, we shall have no liability to you for any unauthorized Transaction made using your PIN and/or Card that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We have no liability for failing to complete a Transaction to or from your Account in time or in the correct amount under any circumstances listed in Part 1(g) of this Section. In other cases, if we fail or delay in making a Transaction pursuant to your instructions, or if we make a Transaction in an amount which is less than the amount in your instructions, then (unless otherwise required by law) our liability shall be limited to interest on the amount which we fail to timely pay or transfer, calculated from the date on which the Transaction was to be made until the date it was actually made or you notify us of the problem, whichever occurs first, but in no event to exceed 30 days’ interest. We may pay such interest either to you or the intended recipient of the Transaction, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a Transaction in an amount which exceeds the amount in your instructions, or if we permit an unauthorized Transaction after we have had a reasonable time to act on notice from you of possible unauthorized use, then (unless otherwise required by law) our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest on that amount from the date of the Transaction to the date of the refund, but in no event to exceed 30 days’ interest. If we become liable to you for interest under this Agreement or applicable law, such interest shall be calculated based on the lowest dividend rate we are then paying on our deposit accounts. In no event shall we be liable for interest compensation unless we are notified of a discrepancy within 30 days from the date of the first periodic statement reflecting the discrepancy. Unless otherwise required by law, in no event shall we be liable to you for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages. You agree to reimburse us and indemnify us for any loss or expense we incur and for any claim made against us in providing Services to you, including any reasonable legal fees we have in this regard.

Appears in 6 contracts

Samples: Member Services Agreement, Member Services Agreement, Member Services Agreement

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Responsibility and Liability for Transactions. You are solely responsible for the security of your PIN PIN/Password and all uses of your Card. All Transactions made with your PIN PIN/Password and/or Card are conclusively presumed to have been authorized by you. Except to the extent provided in this Agreement for Visa® Purchases, we We shall have no liability to you for any unauthorized Transaction made using your PIN PIN/Password and/or Card that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We Notwithstanding any other provision in this Agreement, we have no liability for failing to complete a Transaction to or from your Account in time or in the correct amount under any circumstances listed in Part 1(g) of this SectionSection III. In other cases, if we fail or delay in making a Transaction pursuant to your instructions, or if we make a Transaction in an amount which that is less than the amount in your instructions, then (unless otherwise required by law) our liability shall be limited to interest on the amount which that we fail to timely pay or transfer, calculated from the date on which the Transaction was to be made until the date it was actually made or you notify us of the problem, whichever occurs first, but in no event to exceed 30 days’ interest. We may pay such interest either to you or the intended recipient of the Transaction, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a Transaction in an amount which that exceeds the amount in your instructions, or if we permit an unauthorized Transaction after we have had a reasonable time to act on notice from you of possible unauthorized use, then (unless otherwise required by law) our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest on that amount from the date of the Transaction to the date of the refund, but in no event to exceed 30 days’ interest. If we become liable to you for interest under this Agreement or applicable law, such interest shall be calculated based on the lowest dividend interest rate we are then paying on our deposit accountsAccounts. In no event shall we be liable for interest compensation unless we are notified of a discrepancy within 30 days from the date of the first periodic statement reflecting the discrepancy. Unless otherwise required by law, in no event shall will we be liable to you for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages. You agree to reimburse us and indemnify us for any loss or expense we incur and for any claim made against us in providing these Services to you, including any reasonable legal fees we have in this regard.

Appears in 2 contracts

Samples: Electronic Banking Disclosure and Agreement, Electronic Banking Disclosure and Agreement

Responsibility and Liability for Transactions. You are solely responsible for the security of your PIN and all uses of your CardPassword. All Transactions made with your PIN and/or Card Password are conclusively presumed to have been authorized by you. Except to the extent provided in this Agreement for Visa® Purchases, we We shall have no liability to you for any unauthorized Transaction made using your PIN and/or Card Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We Notwithstanding any other provision in this Agreement, we have no liability for failing to complete a Transaction to or from your Account account in time or in the correct amount under any circumstances listed in Part 1(g) of this SectionSection A(12). In other cases, if we fail or delay in making a Transaction pursuant to your instructions, or if we make a Transaction in an amount which is less than the amount in your instructions, then (unless otherwise required by law) our liability shall be limited to interest on the amount which we fail to timely pay or transfer, calculated from the date on which the Transaction was to be made until the date it was actually made or you notify us of the problem, whichever occurs first, but in no event to exceed 30 days’ interest. We may pay such interest either to you or to the intended recipient of the Transaction, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a Transaction in an amount which exceeds the amount in your instructions, or if we permit an unauthorized Transaction after we have had a reasonable time to act on notice from you of possible unauthorized use, then (unless otherwise required by law) our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest on that amount from the date of the Transaction to the date of the refund, but in no event to exceed 30 days’ interest. If we become liable to you for interest under this Agreement or applicable law, such interest shall be calculated based on the lowest dividend interest rate we are then paying on our deposit accounts. In no event shall we be liable for interest compensation unless we are notified of a discrepancy within 30 days from the date of the first periodic statement reflecting the discrepancy. Unless otherwise required by law, in no event shall will we be liable to you for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages. You agree to reimburse us and indemnify us for any loss or expense we incur and for any claim made against us in providing Services Internet Banking to you, including any reasonable legal fees we have in this regardhave.

Appears in 2 contracts

Samples: Banking and Estatements Agreement, Banking and Estatements Agreement

Responsibility and Liability for Transactions. You are solely responsible for the security thesecurity of your PIN PIN/Password and all uses of your Card. All Transactions made with your PIN PIN/Password and/or Card are conclusively presumed to have been authorized by you. Except to the extent provided in this Agreement for Visa® Purchases, we We shall have no liability to you for any unauthorized Transaction made using your PIN PIN/Password and/or Card that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We Notwithstanding anyotherprovision in this Electronic Banking Agreement, we have no liability for failing to complete a Transaction to or from your Account in time or in the correct amount under any circumstances listed in Part 1(g) of this SectionSection I (5). In other cases, if we fail or delay in making a Transaction pursuant to your instructions, or if we make a Transaction in an amount which that is less than the amount in your instructions, then (unless otherwise required by law) our liability shall be limited to interest on the amount which that we fail to timely pay or transfer, calculated from the date on which the Transaction was to be made until the date it was actually made or you notify us of the problem, whichever occurs first, but in no event to exceed 30 days’ interest. We may pay such interest either to you or the intended recipient of the Transaction, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a Transaction in an amount which that exceeds the amount in your instructions, or if we permit an unauthorized Transaction after we have had a reasonable time to act on notice from you of possible unauthorized use, then (unless otherwise required by law) our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest on that amount from the date of the Transaction to the date of the refund, but in no event to exceed 30 days’ interest. If we become liable to you for interest under this Electronic Banking Agreement or applicable law, such interest shall be calculated based on the lowest dividend interest rate we are then paying on our deposit accountsAccounts. In no event shall we be liable for interest compensation unless we are notified of a discrepancy within 30 days from the date of the first periodic statement reflecting the discrepancy. Unless otherwise required by law, in no event shall will we be liable to you for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages. You agree to reimburse us and indemnify us for any loss or expense we incur and for any claim made against us in providing these Services to you, including any reasonable legal fees we have in this regard.

Appears in 1 contract

Samples: Electronic Banking Disclosure and Agreement

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Responsibility and Liability for Transactions. You are solely responsible for the security of your Your PIN and all uses of your Your Card. All Transactions made with your Your PIN and/or Card are conclusively presumed to have been authorized by youYou. Except to the extent provided in this Agreement MSA and Other Agreements for Visa® Purchases, we We shall have no liability to you You for any unauthorized Transaction made using your Your PIN and/or Card that occurs before you You have notified us Us of possible unauthorized use and we We have had a reasonable opportunity to act on that notice. We have no liability for failing to complete a Transaction to or from your Your Account in time or in the correct amount under any circumstances listed in Part 1(g) of this SectionMSA and Other Agreements. In other cases, if we We fail or delay in making a Transaction pursuant to your Your instructions, or if we We make a Transaction in an amount which is less than the amount in your Your instructions, then (unless otherwise required by law) our Our liability shall be limited to interest dividends on the amount which we We fail to timely pay or transfer, calculated from the date on which the Transaction was to be made until the date it was actually made or you You notify us Us of the problem, whichever occurs first, but in no event to exceed 30 days’ interestdividends. We may pay such interest dividends either to you You or the intended recipient of the Transaction, but in no event shall we We be liable to both parties, and our Our payment to either party shall fully discharge any obligation to the other. If we We make a Transaction in an amount which exceeds the amount in your Your instructions, or if we We permit an unauthorized Transaction after we We have had a reasonable time to act on notice from you You of possible unauthorized use, then (unless otherwise required by law) our Our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest dividends on that amount from the date of the Transaction to the date of the refund, but in no event to exceed 30 days’ interestdividends. If we We become liable to you You for interest dividends under this Agreement MSA or Other Agreements or applicable law, such interest dividends shall be calculated based on the lowest dividend rate we We are then paying on our Our deposit accountsAccounts. In no event shall we We be liable for interest dividend compensation unless we We are notified of a discrepancy within 30 days from the date of the first periodic statement reflecting the discrepancy. Unless otherwise required by law, in no event shall we We be liable to you You for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we We are advised in advance of the possibility of such damages. You agree to reimburse us Us and indemnify us Us for any loss or expense we We incur and for any claim made against us Us in providing Services to youYou, including any reasonable legal fees we We have in this regard.

Appears in 1 contract

Samples: Member Services Agreement

Responsibility and Liability for Transactions. You are solely responsible for the security of your PIN and all uses of your CardPassword. All Transactions Xxxx Payments made with your PIN and/or Card Password are conclusively presumed to have been authorized by you. Except to the extent provided in this Agreement for Visa® Purchases, we We shall have no liability to you for any unauthorized Transaction Xxxx Payment made using your PIN and/or Card Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We Notwithstanding any other provision in this Agreement, we have no liability for failing to complete a Transaction Xxxx Payment to or from your Account account in time or in the correct amount under any circumstances listed in Part 1(g) of this SectionSection A(10). In other cases, if we fail or delay in making a Transaction Xxxx Payment pursuant to your instructions, or if we make a Transaction Xxxx Payment in an amount which is less than the amount in your instructions, then (unless otherwise required by law) our liability shall be limited to interest on the amount which we fail to timely pay or transfer, calculated from the date on which the Transaction Xxxx Payment was to be made until the date it was actually made or you notify us of the problem, whichever occurs first, but in no event to exceed 30 days’ interest. We may pay such interest either to you or to the intended recipient of the TransactionXxxx Payment, but in no event shall we be liable to both parties, and our payment to either party shall fully discharge any obligation to the other. If we make a Transaction Xxxx Payment in an amount which exceeds the amount in your instructions, or if we permit an unauthorized Transaction Xxxx Payment after we have had a reasonable time to act on notice from you of possible unauthorized use, then (unless otherwise required by law) our liability shall be limited to a refund of the amount erroneously paid or transferred, plus interest on that amount from the date of the Transaction Xxxx Payment to the date of the refund, but in no event to exceed 30 days’ interest. If we become liable to you for interest under this Agreement or applicable law, such interest shall be calculated based on the lowest dividend interest rate we are then paying on our deposit accounts. In no event shall we be liable for interest compensation unless we are notified of a discrepancy within 30 days from the date of the first periodic statement reflecting the discrepancy. Unless otherwise required by law, in no event shall will we be liable to you for special, indirect, or consequential damages, including, without limitation, lost profits or attorneys’ fees, even if we are advised in advance of the possibility of such damages. You agree to reimburse us and indemnify us for any loss or expense we incur and for any claim made against us in providing Services Xxxx Payment to you, including any reasonable legal fees we have in this regardhave.

Appears in 1 contract

Samples: Internet Bill Payment Agreement

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