Common use of Accountholder’s Indemnification Obligation Clause in Contracts

Accountholder’s Indemnification Obligation. I agree to indemnify, defend and hold harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses including, without limitation, reasonable attorneys’ fees and 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. This agreement to indemnify, defend and hold harmless will survive the termination of my Account or the termination this Disclosure and Agreement. In Case of 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@xxxxxxxxxxxxx.xxx Limitation of Liability. I UNDERSTAND AND AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY USE OF THE SERVICES OR MY BREACH OF THIS DISCLOSURE AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS 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, 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 charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, 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 the termination of this Disclosure and Agreement.

Appears in 1 contract

Samples: Disclosure and Agreement

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Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify, defend indemnify you and hold you harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, lossesdamages, liabilities, damagescosts, injuriesand expenses, fines, penalties, costs and expenses including, without limitation, including reasonable attorneys’ fees and court costs (including expert fees) you incur or suffer and arising, directly or indirectly, expenses arising from or in connection with my use of the Services and/or any breach of this Disclosure and Agreement. This agreement to indemnify, defend I understand and hold harmless will agree that this paragraph shall survive the termination of my Account or the termination this Disclosure and Agreement. In Case of 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-) 000 0000 or 1-502-968-3681 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx Limitation of Liability. I UNDERSTAND AND AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECTunderstand and agree that you are not responsible for any indirect, INCIDENTALconsequential, PUNITIVEpunitive, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY USE OF THE SERVICES OR MY BREACH OF THIS DISCLOSURE AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF MY ACCOUNT OR THE TERMINATION THIS DISCLOSURE AND AGREEMENTor special damages or damages attributable to my breach of this Disclosure and Agreement. Charges for Use of the Services. All There are no charges associated with the Services are disclosed in your “Fee Schedule” which you received at account opening or may be accessed by clicking hereuse of Mobile Remote Deposit Capture. Warranties. I UNDERSTAND THAT YOU DO THE FINANCIAL INSTITUTION DOES NOT MAKE AND THAT YOU EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED ANY 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 EXPRESSED OR WARRANTY (i) THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR BE ERROR-FREE OR AS EXPECTEDIMPLIED, (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” BASISINCLUDING, WITHOUT EXPRESS OR IMPLIED LIMITATION, ANY WARRANTIES OF ANY KINDMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE THE FINANCIAL INSTITUTION IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR MY 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 AND SOFTWAREHARDWARE, 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 DAMAGESEQUIPMENT. 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, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, 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 without 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 the termination of this Disclosure and AgreementAccount.

Appears in 1 contract

Samples: Capture Services Terms and Conditions

Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify, defend indemnify you and hold you harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, lossesdamages, liabilities, damagescosts, injuriesand expenses, fines, penalties, costs including reasonable attorneys' fees and expenses including, without limitation, reasonable attorneys’ fees and court costs (including expert fees) you incur or suffer and arising, directly or indirectly, arising from or in connection with my use of the Services RDCS and/or any breach of this Disclosure and Agreement. This agreement to indemnify, defend I understand and hold harmless will agree that this paragraph shall survive the termination of my Account or the termination this Disclosure and Agreement. In Case of 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. , Monday through Friday, 8:30 AM to 5:00 PM Eastern: Telephone you atNumber: 0-000-000-0000 or 1-502-968-3681 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx xxx.0000 Limitation of Liability. I UNDERSTAND AND AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECTunderstand and agree that you are not responsible for any indirect, INCIDENTALconsequential, PUNITIVEpunitive, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY USE OF THE SERVICES OR MY BREACH OF THIS DISCLOSURE AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF MY ACCOUNT OR THE TERMINATION THIS DISCLOSURE AND AGREEMENT. Charges for Use or special damages or damages attributable to my breach 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 herethis Disclosure and Agreement. Warranties. I UNDERSTAND THAT YOU DO THE CREDIT UNION DOES NOT MAKE AND THAT YOU EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED ANY 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 EXPRESSED OR WARRANTY (i) THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR BE ERROR-FREE OR AS EXPECTEDIMPLIED, (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” BASISINCLUDING, WITHOUT EXPRESS OR IMPLIED LIMITATION, ANY WARRANTIES OF ANY KINDMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR MY 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 AND SOFTWAREHARDWARE, 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 DAMAGESEQUIPMENT. Change in Terms. You may change the terms and charges for the Services RDCS indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services RDCS after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, by written request, terminate the Services use of RDCS provided for in this Disclosure and Agreement. You may terminate my use of the Services RDCS at any time upon written notice. In the event of termination of the ServicesRDCS, I will remain liable for all transactions performed on my Account and this liability will survive the termination of my Account or the termination of this Disclosure and AgreementAccount.

Appears in 1 contract

Samples: Disclosure and Agreement

Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify, defend indemnify you and hold you harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, lossesdamages, liabilities, damagescosts, injuriesand expenses, fines, penalties, costs including reasonable attorneys' fees and expenses including, without limitation, reasonable attorneys’ fees and court costs (including expert fees) you incur or suffer and arising, directly or indirectly, arising from or in connection with my use of the Services RDCS and/or any breach of this Disclosure and Agreement. This agreement to indemnify, defend I understand and hold harmless will agree that this paragraph shall survive the termination of my Account or the termination this Disclosure and Agreement. In Case of 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, Monday through Friday, 8:30 AM to 8:00 PM eastern: Telephone Number: 800-936-7730 ext. Telephone you at: 0-000-000-0000 or 1-502-968-3681 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx 1650 Limitation of Liability. I UNDERSTAND AND AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECTunderstand and agree that you are not responsible for any indirect, INCIDENTALconsequential, PUNITIVEpunitive, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY USE OF THE SERVICES OR MY BREACH OF THIS DISCLOSURE AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF MY ACCOUNT OR THE TERMINATION THIS DISCLOSURE AND AGREEMENT. Charges for Use or special damages or damages attributable to my breach 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 herethis Disclosure and Agreement. Warranties. I UNDERSTAND THAT YOU DO THE CREDIT UNION DOES NOT MAKE AND THAT YOU EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED ANY 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 EXPRESSED OR WARRANTY (i) THAT THE SERVICES WILL PERFORM WITHOUT INTERRUPTION OR BE ERROR-FREE OR AS EXPECTEDIMPLIED, (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” BASISINCLUDING, WITHOUT EXPRESS OR IMPLIED LIMITATION, ANY WARRANTIES OF ANY KINDMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR MY 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 AND SOFTWAREHARDWARE, 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 DAMAGESEQUIPMENT. Change in Terms. You may change the terms and charges for the Services RDCS indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services RDCS after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, by written request, terminate the Services use of RDCS provided for in this Disclosure and Agreement. You may terminate my use of the Services RDCS at any time upon written notice. In the event of termination of the ServicesRDCS, I will remain liable for all transactions performed on my Account and this liability will survive the termination of my Account or the termination of this Disclosure and AgreementAccount.

Appears in 1 contract

Samples: Capture Services Disclosure and Agreement

Accountholder’s Indemnification Obligation. I You understand and agree that you are required to indemnify, defend indemnify us and hold us harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, lossesdamages, liabilities, damagescost, injuriesand expenses, fines, penalties, costs including reasonable attorney’s fees and expenses including, without limitation, reasonable attorneys’ fees and court costs (including expert fees) you incur or suffer and arising, directly or indirectly, arising from or in connection with my your use of the Services RDC and/or any breach of this Disclosure and Agreement. This agreement to indemnify, defend and hold harmless will survive the termination of my Account or the termination this Disclosure and Agreement. In Case of 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 atDISCLAIMER OF WARRANTIES: 0-000-000-0000 or 1-502-968-3681 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx Limitation of Liability. I UNDERSTAND AND YOU AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY YOUR USE OF THE SERVICES OR MY BREACH ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIS DISCLOSURE THIRD PARTIES) IS AT YOUR RISK AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, IS PROVIDED ON AN “AS IS” AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES“AS AVAILABLE” BASIS. THIS 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 WE DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REǪUIREMENTS OR WILL BE UNINTERRUPTED, TITLETIMELY, NONINFRINGEMENTSECURE, OR ON ANY EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEMERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I UNDERSTAND YOU SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WE MAKE NO WARRANTY (i) THAT THE SERVICES RESULTS THAT MAY BE OBTAINED WILL PERFORM WITHOUT INTERRUPTION BE ACCURATE OR BE ERROR-FREE RELIABLE OR AS EXPECTED, (ii) THAT THE SERVICES MEET MY NEEDS OR MY REQUIREMENTS, OR (iii) THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR ALL TECHNOLOGY WILL BE CORRECTED. LIMITATION 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. LIABILITY: YOU ARE AGREE THAT WE WILL NOT RESPONSIBLE BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE CONSEǪUENTIAL OR CONSEQUENTIALEXEMPLARY DAMAGES, CAUSED INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE INTERNET PROVIDERUSE OF, ANY RELATED SOFTWAREINABILITY TO USE, OR MY THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THEM THE FORM OF ACTION OR ARISING IN ANY WAY FROM THE INSTALLATIONCLAIM (WHETHER CONTRACT, USETORT, STRICT LIABILITY OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE AND SOFTWAREOTHERWISE), MY PERSONAL MOBILE DEVICE AND SOFTWARE, ANY OF MY OTHER SOFTWARE, OR OTHER EQUIPMENT EVEN IF YOU WE HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF, EXCEPT AS OTHERWISE REǪUIRED BY LAW. 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, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, 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 the termination of this Disclosure and Agreement.Financial Information

Appears in 1 contract

Samples: www.seasonsfcu.org

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Accountholder’s Indemnification Obligation. I You understand and agree that you are required to indemnify, defend indemnify us and hold us harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, lossesdamages, liabilities, damagescosts, injuriesand expenses, fines, penalties, costs including reasonable attorneys' fees and expenses including, without limitation, reasonable attorneys’ fees and court costs (including expert fees) you incur or suffer and arising, directly or indirectly, arising from or in connection with my your use of the Services and/or any breach of this Disclosure and Agreement. This agreement to indemnify, defend You understand and hold harmless will agree that this paragraph shall survive the termination of my Account or the termination this Disclosure and Agreement. In Case of 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 atDISCLAIMER OF WARRANTIES: 0-000-000-0000 or 1-502-968-3681 or e-mail you at xxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx Limitation of Liability. I UNDERSTAND AND YOU AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY YOUR USE OF THE SERVICES OR MY BREACH ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIS DISCLOSURE THIRD PARTIES) IS AT YOUR RISK AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, IS PROVIDED ON AN "AS IS" AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES"AS AVAILABLE" BASIS. THIS 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 WE DISCLAIM ALL WARRANTIESWARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TITLETIMELY, NONINFRINGEMENTSECURE, OR ON ANY EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEMERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I UNDERSTAND YOU SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WE MAKE NO WARRANTY (i) THAT THE SERVICES RESULTS THAT MAY BE OBTAINED WILL PERFORM WITHOUT INTERRUPTION BE ACCURATE OR BE ERROR-FREE RELIABLE OR AS EXPECTED, (ii) THAT THE SERVICES MEET MY NEEDS OR MY REQUIREMENTS, OR (iii) THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR ALL TECHNOLOGY WILL BE CORRECTED. LIMITATION 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. LIABILITY: YOU ARE AGREE THAT WE WILL NOT RESPONSIBLE BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE CONSEQUENTIAL OR CONSEQUENTIALEXEMPLARY DAMAGES, CAUSED INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE INTERNET PROVIDERUSE OF, ANY RELATED SOFTWAREINABILITY TO USE, OR MY THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THEM THE FORM OF ACTION OR ARISING IN ANY WAY FROM THE INSTALLATIONCLAIM (WHETHER CONTRACT, USETORT, STRICT LIABILITY OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE AND SOFTWAREOTHERWISE), MY PERSONAL MOBILE DEVICE AND SOFTWARE, ANY OF MY OTHER SOFTWARE, OR OTHER EQUIPMENT EVEN IF YOU WE HAVE BEEN ADVISED INFORMED OF THE POSSIBILITY OF SUCH DAMAGESTHEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW. Change Financial Information: You must inform us immediately of any material change in Termsyour financial circumstances or in any of the information provided in your Application for services. You may change agree to provide us any financial information we reasonably request during the terms and charges for the Services indicated in term of this Disclosure and Agreement by notifying me of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement Agreement. You authorize us to review your history from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, 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 the termination of this Disclosure and Agreement.

Appears in 1 contract

Samples: Account Agreement

Accountholder’s Indemnification Obligation. I agree to indemnifyIN ADDITION TO ANY INDEMNITIES IN THE HB MASTER TERMS AND CONDITIONS, defend and hold harmless youYOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, and your directorsACTIONS, officersDAMAGES, employees and agentsLIABILITIES, from and against any and all claimsCOSTS, demandsLOSSES AND EXPENSES, actionsINCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses including, without limitation, reasonable attorneys’ fees and 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. This agreement to indemnify, defend and hold harmless will survive the termination of my Account or the termination this Disclosure and Agreement. In Case of 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@xxxxxxxxxxxxx.xxx Limitation of Liability. I UNDERSTAND AND AGREE THAT IN NO EVENT WILL YOU BE LIABLE OR BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, MY FROM YOUR USE OF THE SERVICES OR MY RDC SERVICES, OUR ACCEPTANCE OF YOUR REMOTELY DEPOSITED CHECK, YOUR BREACH OF THIS DISCLOSURE RDC AGREEMENT OR ANY STATE OR FEDERAL LAW RELATING TO THE RDC SERVICES. YOU WILL INDEMNIFY US FOR THE LOSSES ALLOWED BY LAW (INCLUDING REASONABLE ATTORNEY’S FEES AND AGREEMENT, INCLUDING BUT NOT LIMITED COURT COSTS) TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMSTHE EXTENT OF ANY LOSS INCURRED BY A RECIPIENT OF A CHECK IMAGE IF THAT LOSS OCCURRED DUE TO THE RECEIPT OF A CHECK IMAGE INSTEAD OF THE ORIGINAL CHECK. YOUR INDEMNITY INCLUDES WITHOUT LIMITATION YOUR LIABILITY FOR ANY COSTS INCURRED BY US OR ANOTHER FINANCIAL INSTITUTION IN THE EVENT OF DUAL PRESENTMENT OF A CHECK BY YOU OR ANY OTHER PERSON, AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE BEEN ADVISED AGREE THAT WE MAY DEBIT ANY ONE OF THE POSSIBILITY OF YOUR ACCOUNTS OR ANY OWNER’S ACCOUNT TO REIMBURSE ANY SUCH DAMAGESLOSS. THIS LIMITATION OF LIABILITY WILL PARAGRAPH SHALL SURVIVE THE TERMINATION OF MY ACCOUNT YOUR ACCOUNT, THE HB MASTER TERMS AND CONDITIONS OR THE TERMINATION THIS DISCLOSURE AND RDC 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, 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 charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. Termination of the Services. I may, 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 the termination of this Disclosure and Agreement.

Appears in 1 contract

Samples: Remote Deposit Capture Agreement

Accountholder’s Indemnification Obligation. I understand and agree that I am required to indemnify, defend indemnify you and hold you harmless you, and your directors, officers, employees and agents, from and against any and all claims, demands, actions, suits, lossesdamages, liabilities, damagescosts, injuriesand expenses, fines, penalties, costs including reasonable attorney’s fees and expenses including, without limitation, reasonable attorneys’ fees and court costs (including expert fees) you incur or suffer and arising, directly or indirectly, arising from or in connection with my use of the Services and/or any breach of this Disclosure and Agreement. This agreement to indemnify, defend I understand and hold harmless will agree that this paragraph shall 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@xxxxxxxxxxxxx.xxx xxxxxxxxxxxxx@xxxxxxxxxx.xxx Limitation of LiabilityLiability 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. I UNDERSTAND THE SERVICES AND AGREE 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 YOU 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 RESPONSIBLE LIABLE FOR ANY INDIRECTLOSS OF PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY 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, MY USE OF THE SERVICES OR MY BREACH OF THIS DISCLOSURE AND AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTIONS, RETURNED ITEMS, AND LOST INTEREST ON DEPOSITED FUNDS, EVEN IF YOU HAVE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF MY ACCOUNT OR THE TERMINATION THIS DISCLOSURE AND AGREEMENT. Charges for Use 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 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, 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 charges for the Services indicated in this Disclosure and Agreement by notifying me of extent such change in writing and may amend, modify, add to, or delete from this Disclosure and Agreement from time claim is related to time. My Customer’s use of the Services after receipt of notification of any change Third Party Software, unless such claim directly results from an action or omission made by you constitutes my acceptance of the change. Termination of the Services. I may, by written request, terminate the Services provided for such Third Party 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 the termination of this Disclosure and Agreementbad faith.

Appears in 1 contract

Samples: Deposit Capture Services Terms and Conditions

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