Common use of Web Site Availability Clause in Contracts

Web Site Availability. Although considerable effort is expended to make our website and other means of communications and access available around the clock, we do not warrant these forms of access to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts. Systems and Software: We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately. Notice of Lost or Stolen Cards/Unauthorized Activity. You agree to immediately notify us of the loss, theft or unauthorized use of the Card and the loss, theft or unauthorized or inadvertent disclosure of any number (including a PIN), secret word or code that might be used to access Card funds. If you believe that Card, PIN or code has been lost or stolen or that someone has transferred or may transfer value from the Card without your authorization, you should immediately contact us at the address or phone number listed below in “In Case of Errors or Questions About Card Transactions.” You agree to cooperate reasonably with us in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Card. If you authorize another person to use the Card, you agree to be liable for all transactions arising from the use of the Card by that person, to the fullest extent permitted by law.

Appears in 4 contracts

Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

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