Common use of Disclaimer of Warranty and Limitation of Liability Clause in Contracts

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Remote Deposit Capture Services provided to You under this Agreement. We do not and cannot warrant that Services will operate without errors, or that any or all Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, You agree that Our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Services or products provided under this Agreement or by reason of Your use of or access to Remote Deposit Capture Services; including, loss of profits, revenue, data or use by You or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union shall be responsible only for performing the Services expressly provided for in the Agreement and shall be liable only for its negligence in performing those Services. The Credit Union shall not be responsible for the Member’s acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The Member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney’s fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the Member, or any other person described in this paragraph. In no event shall the Credit Union be liable for any consequential, special, punitive or indirect loss or damage which the Member may incur or suffer in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Credit Union’s acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from falling to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, the Credit Union shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States Government regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this Agreement by the Member, the Credit Union shall have all rights and remedies available at law or in equity.

Disclaimer of Warranty and Limitation of Liability. We make no warranty Limitation of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection Remedy and Liability with the Remote Deposit Capture Regard to Installation and Services provided to You Provided under this Agreement. We do not and cannot warrant that Services will operate without errors, or that any or all Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required agreement: To the full extent allowed by law, You agree that Our officers, directors, employees, agents or contractors are not liable the sole and exclusive remedy for any indirect, incidental, special or consequential damages under or by reason breach of any Services or products provided services furnished under this Agreement or agreement and all other performance by reason of Your use of or access VCI pursuant to Remote Deposit Capture Services; including, loss of profits, revenue, data or use by You or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union shall be responsible only for performing the Services expressly provided for in the Agreement and shall be liable only for its negligence in performing those Services. The Credit Union shall not be responsible for the Member’s acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The Member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney’s fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the Member, this installation agreement or any other person described in this paragraphservices provided by VCI shall first be the re-performance of any defective service provided by VCI and, then, if the performance or service remains unsatisfactory, VCI may refund a portion of the cost of the defective service. In no event shall VCI be liable for an amount in excess of the Credit Union total cost of services purchased by the CLIENT. Limitation of Liability Generally: VCI shall not be liable for any consequential, damages caused by the delay in furnishing services or other performance under the agreement. In no event shall VCI be liable for special, punitive incidental, or indirect loss or damage which the Member may incur or suffer consequential damages in connection with this Agreementthe sale of the equipment or the repair or service to any equipment, including without limitationbut not limited to loss of profits or revenue, loss of damage from subsequent wrongful dishonor resulting from use of equipment, lost data, costs of substitute equipment, or other down-time costs. The maximum liability for any and all damages arising out of this contract for any breach shall be the Credit Union’s acts or omissions pursuant cost to this Agreement. Without limiting the generality customer of the forgoing provisionsequipment or services. Services provided as part of this Client Support Agreement or services provided for additional charge do not assure uninterrupted operation of the CLIENT’s system and VCI is not responsible for failure to render such service or services due to causes beyond its control. VCI shall have no responsibility or liability for any harm or damage caused by the failure of any software, hardware, or other equipment owned or controlled by the provisions CLIENT. CLIENT agrees that CLIENT is solely responsible for maintaining accurate records of this Agreement, all software licensing. VCI will only install one copy of a software program for each license owned by CLIENT. VCI will make no attempt to verify the Credit Union shall be excused legality of software licensing purchased from falling to act or from delay in acting if such failure or delay is caused installed by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or anyone other circumstances beyond the Credit Union’s controlthan VCI employees. In addition, the Credit Union shall no event will VCI be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve liable for copyright infringement or any rule or regulation other violation of any other United States Government regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this Agreement software licensing agreements by the Member, the Credit Union shall have all rights and remedies available at law or in equityCLIENT.

Disclaimer of Warranty and Limitation of Liability. We make The provisions of this Part are in addition to the other liability provisions specifically mentioned throughout this Agreement and those specifically stated in the Membership Agreement and the applicable account disclosure statements and shall survive the termination of this Agreement. DFFCU makes no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Remote Deposit Capture Services provided to You you under this Agreement. We do not and cannot warrant that the Services will operate without errors, or that any or all Services will be available and operational at all times. Except as specifically provided in this Agreement, Agreement or otherwise required by law, You you agree that Our DFFCU’s officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Services or products provided under this Agreement or by reason of Your your use of or access to Remote Deposit Capture the Services; including, loss of profits, revenue, data or use by You or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union DFFCU shall be responsible only for performing the Services expressly provided for in the this Agreement and shall be liable only for its negligence negligent acts in performing those Services. The Credit Union DFFCU shall not be responsible liable for the Member’s your acts or omissions (omissions, including without limitation but not limited to the amount, accuracy, or timeliness of transmittal) , or those of any person, including without limitation but not limited to any Federal Reserve Financial Institution or transmission or communications facility, facility and no such person shall be deemed the Credit UnionDFFCU’s agent. The Member agrees You agree to indemnify the Credit Union DFFCU against any claims, damages, loss liability, or expense (expense, including attorney’s fees and expense) , resulting from or arising out of any claim of any person that the Credit Union DFFCU is responsible for any your act or omission or the act or omission of the Member, or any other person described in this paragraph. In no event shall the Credit Union DFFCU be liable for any consequential, special, punitive or indirect loss or damage which the Member you may incur or suffer in connection with this Agreement, including without limitation, but not limited to loss of or damage from subsequent wrongful dishonor resulting from the Credit UnionDFFCU’s acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union DFFCU shall not be excused from falling liable for failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions conditions, or other circumstances beyond the Credit Union’s control. In addition, the Credit Union DFFCU shall not be excused from liable for failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union DFFCU violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States Government government regulatory authority. Notwithstanding any other provision set forth herein in this Agreement to the contrary, in the event of default under the terms of this Agreement by the Memberyou, the Credit Union DFFCU shall have all rights and remedies available at law or in equity.

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Remote Mobile Deposit Capture Services provided to You you under this Agreementagreement. We do not and cannot warrant that Services services will operate without errors, or that any or all Services services will be available and operational at all times. Except as specifically provided in this Agreementagreement, or otherwise required by law, You you agree that Our our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Services services or products provided under this Agreement and or by reason of Your your use of or access to Remote Mobile Deposit Capture Services; including, loss of profits, revenue, data or use by You or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union shall be responsible only for performing the Services services expressly provided for in the Agreement this agreement and shall be liable only for its negligence in performing those Servicesservices. The Credit Union shall not be responsible for the Membermember’s acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The Member member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney’s fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the Membermember, or any other person described in this paragraph. In no event shall the Credit Union be liable for any consequential, special, punitive or indirect loss or damage which the Member member may incur or suffer in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Credit Union’s acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from falling failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, the Credit Union shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States Government governmental regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this Agreement agreement by the Membermember, the Credit Union shall have all rights and remedies available at law or in equity.

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kindOur liability to you is explained in the agreements, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Remote Deposit Capture Services notices and disclosures provided to You under this Agreementyou from time to time for your Linked Accounts. This section applies only to the extent not otherwise provided for. Under no circumstances will we have any liability to you for failing to provide you access to your Linked Accounts through Online Banking Services. Our sole obligation to you arising out of the non- availability of the Online Banking Service shall be to use commercially reasonable efforts to resume such services. Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider. We are not responsible for any loss or damage resulting from an interruption in your electrical or telephone service; from disconnection of your telephone service by your local telephone company or from deficiencies in your line quality; from interruption or disruption from your cellular provider or from any defect or malfunction of your PC, modem, VoIP, electronic devices or telephone service. We will, however, be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Banking Services. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SB ONE BANK ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. We do not and cannot warrant that Services SB One Bank Online Banking will operate without errors, or that any or all SB One Bank Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, You you agree that Our our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Services services or products provided under this Agreement or by reason of Your your use of or access to Remote Deposit Capture Services; includingSB One Bank Online Banking, including loss of profits, revenue, data or use by You you or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union shall be responsible only for performing the Services expressly provided for Further, in the Agreement and shall be liable only for its negligence in performing those Services. The Credit Union shall not be responsible for the Member’s acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The Member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney’s fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the Member, or any other person described in this paragraph. In no event shall the Credit Union be liable liability of SB One Bank and its affiliates exceed the amounts paid by you for any consequential, special, punitive or indirect loss or damage which the Member may incur or suffer services provided to you through SB One Bank Online Banking except as specifically provided in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Credit Union’s acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from falling to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, the Credit Union shall be excused Bank is not responsible for any damage to your PC, software, modem, VoIP, electronic devices, telephone or other property resulting from failing to transmit any electronic virus or delay in transmitting viruses that you may encounter. We suggest that you routinely scan all of your equipment using a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States Government regulatory authorityvirus protection product. Notwithstanding any other provision set forth herein to the contraryAn undetected virus may corrupt and destroy your programs, in the event of default under the terms of this Agreement by the Memberfiles, the Credit Union shall have all rights and remedies available at law or in equityyour hardware.

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Mobile Remote Deposit Capture Services provided to You you under this Agreementagreement. We do not and cannot warrant that Services will operate without errors, or that any or all Services services will always be available and operational at all timesoperational. Except as specifically provided in this Agreementagreement, or otherwise required by law, You you agree that Our our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Services services or products provided under this Agreement and or by reason of Your your use of or access to Mobile Remote Deposit Capture Services; including, loss of profits, revenue, data or use by You or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union shall be responsible only for performing the Services services expressly provided for in the Agreement this agreement and shall be liable only for its negligence in performing those Servicesservices. The Credit Union shall not be responsible for the Member’s member's acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The Member member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney’s 's fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the Membermember, or any other person described in this paragraph. In no event shall the Credit Union be liable for any consequential, special, punitive or indirect loss or damage which the Member member may incur or suffer in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Credit Union’s 's acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from falling failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s 's control. In addition, the Credit Union shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States Government governmental regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this Agreement agreement by the Membermember, the Credit Union shall have all rights and remedies available at law or in equity.

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kindOur liability to you is explained in the agreements, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Remote Deposit Capture Services notices and disclosures provided to You under this Agreementyou from time to time for your Linked Accounts. This section applies only to the extent not otherwise provided for. Under no circumstances will we have any liability to you for failing to provide you access to your Linked Accounts through Online Banking Services. Our sole obligation to you arising out of the non- availability of the Online Banking Service shall be to use commercially reasonable efforts to resume such services. Our service providers are independent contractors and not our agents. To the extent permitted by Applicable Law, we will not be responsible for any error, damage or other loss caused by any service provider. We are not responsible for any loss or damage resulting from an interruption in your electrical or telephone service; from disconnection of your telephone service by your local telephone company or from deficiencies in your line quality; from interruption or disruption from your cellular provider or from any defect or malfunction of your PC, modem, VoIP, electronic devices or telephone service. We will, however, be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Banking Services. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SUSSEX BANK ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. We do not and cannot warrant that Services Sussex Bank Online Banking will operate without errors, or that any or all Sussex Bank Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, You you agree that Our our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Services services or products provided under this Agreement or by reason of Your your use of or access to Remote Deposit Capture Services; includingSussex Bank Online Banking, including loss of profits, revenue, data or use by You you or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union shall be responsible only for performing the Services expressly provided for Further, in the Agreement and shall be liable only for its negligence in performing those Services. The Credit Union shall not be responsible for the Member’s acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The Member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney’s fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the Member, or any other person described in this paragraph. In no event shall the Credit Union be liable liability of Sussex Bank and its affiliates exceed the amounts paid by you for any consequential, special, punitive or indirect loss or damage which the Member may incur or suffer services provided to you through Sussex Bank Online Banking except as specifically provided in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Credit Union’s acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from falling to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, the Credit Union shall be excused Bank is not responsible for any damage to your PC, software, modem, VoIP, electronic devices, telephone or other property resulting from failing to transmit any electronic virus or delay in transmitting viruses that you may encounter. We suggest that you routinely scan all of your equipment using a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States Government regulatory authorityvirus protection product. Notwithstanding any other provision set forth herein to the contraryAn undetected virus may corrupt and destroy your programs, in the event of default under the terms of this Agreement by the Memberfiles, the Credit Union shall have all rights and remedies available at law or in equityyour hardware.

Disclaimer of Warranty and Limitation of Liability. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Remote Mobile Deposit Capture Services provided to You you under this Agreementagreement. We do not and cannot warrant that Services will operate without errors, or that any or all Services services will be available and operational at all times. Except as specifically provided in this Agreementagreement, or otherwise required by law, You you agree that Our our officers, directors, employees, agents volunteers, agents, representatives or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Services services or products provided under this Agreement and or by reason of Your your use of or access to Remote Mobile Deposit Capture Services; including, loss of profits, revenue, data or use by You or any third party, whether in an action in contract or tort or based on a warranty. The Credit Union shall be responsible only for performing the Services services expressly provided for in the Agreement this agreement and shall be liable only for its negligence in performing those Servicesservices. The Credit Union shall not be responsible for the Member’s member's acts or omissions (including without limitation the amount, accuracy, or timeliness of transmittal) or those of any person, including without limitation any Federal Reserve Financial Institution or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. The Member member agrees to indemnify the Credit Union against any claims, damages, loss liability, or expense (including attorney’s 's fees and expense) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of the Membermember, or any other person described in this paragraph. In no event shall the Credit Union be liable for any consequential, special, punitive or indirect loss or damage which the Member member may incur or suffer in connection with this Agreement, including without limitation, loss of damage from subsequent wrongful dishonor resulting from the Credit Union’s 's acts or omissions pursuant to this Agreement. Without limiting the generality of the forgoing provisions, or the provisions of this Agreement, the Credit Union shall be excused from falling failing to act or from delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond the Credit Union’s 's control. In addition, the Credit Union shall be excused from failing to transmit or delay in transmitting a deposit if such transmittal would result in the Credit Union violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other United States Government governmental regulatory authority. Notwithstanding any other provision set forth herein to the contrary, in the event of default under the terms of this Agreement agreement by the Membermember, the Credit Union shall have all rights and remedies available at law or in equity. Governing Law: This Agreement shall be construed in accordance with Hawaii law and the laws of the United States of America. Severability If any provision of this agreement is held to be illegal, invalid or unenforceable under present or future laws, the remaining provisions shall remain in full force and effect.