Mechanics Bank Online Banking Agreement
This Agreement describes your rights and obligations as a user of the Online Banking Service (hereafter referred to as “Service” or “Services”). It also describes the rights and obligations of Mechanics Bank (also referred to as the “Bank”). It does not include the Bank’s Bill Payment Service. The terms and conditions of the Bill Payment Service are addressed in a separate agreement. Please read this Agreement carefully. As an authorized account holder you must abide by the terms and conditions of this Agreement and those provided to you at your account opening, in order to use these Services.
The following definitions apply in this Agreement.
“Access ID” is a series of characters (may be numbers, letters or punctuation) that you select after the initial sign-on to the Services. This will be the information you first input to access the Services. During the initial sign-on process, a temporary Access ID will be given to you.
“Business Day” refers to Monday through Friday excluding holidays, as determined by Mechanics Bank. All online transaction requests received after 7:00pm EST (6:00pm CST) or on a non-business day will be processed immediately but will not appear in the online history until the following Business Day. (Note: Times displayed on Online Banking are listed in Central Standard Time.)
“Online Banking” is the internet-based service providing access to your account(s) under the terms set forth in this Agreement.
“Online Account” is a Mechanics Bank account from which you will be conducting transactions using these Services.
“Password” is a series of numbers and/or letters that you select after the initial sign-on that establishes your connection to these Services. We will provide you with a password for use during the initial sign-on process.
“Time of Day” references are to Eastern Standard Time.
“We,” “us,” “our,” or “Mechanics Bank” refer to Mechanics Bank, which offers these Services provided under this Agreement and holds the account(s) accessed by these Services.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the “I Accept” button below, you are:
- acknowledging your receipt of the information listed below;
- agreeing to the terms and conditions hereof and that any contract that you enter into with Mechanics Bank or any related third party for the provision of certain Online Banking Services, may be in electronic form; and
- agreeing that certain information that may be delivered in connection with these Services may also be in electronic form.
You are also acknowledging receipt of the following information and agreeing that:
- We may provide you with this Agreement and any revisions and amendments thereto in electronic form.
- You are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using these Services.
- We may provide you revisions and amendments to such other information (including, but not limited to, information under Regulation E and under other applicable banking or financial services laws or regulations in connection with these Services) electronically as a part of this Agreement or otherwise as a part of these Services. While you may print and retain a copy of this Agreement or any information provided to you in relation to these Services, we only provide these documents electronically.
- You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because this Agreement and the information are provided only in electronic format, your withdrawal of consent will terminate these Services.
- You are able to access information that is provided in the same manner as the information and these Services via the internet.
HOW TO CONTACT MECHANICS BANK
Attention: Online Banking Specialist
2 South Main Street
Mansfield, Ohio 44902
Normal business hours at present are 8:00am – 5:00pm Monday through Friday.
ACCESS TO SERVICES
We will provide online instructions describing how to use the Online Banking Services. To gain access to these Services you will need your Access ID and Password.
HOURS OF OPERATION
These Services are generally available 24 hours a day, 7 days a week except during special maintenance and upgrade periods, which routinely are scheduled between 12:00am and 5:00am on Monday mornings.
USE OF YOUR SECURITY PASSWORD
The safety of our customers’ accounts and account information is of vital importance to us. We go to great lengths to protect confidential information and the security of your account(s) and urge you to do the same. You agree not to allow anyone to gain access to these Services or to let anyone know your Password used with these Services. You agree to assume responsibility for all transactions initiated through the Services with your Mechanics Bank Access ID up to the limits allowed by applicable law. While we continue to provide our customers with the level of online security we believe necessary and appropriate, customers who share their Access IDs and Passwords are giving up the full benefit of our security measures and legal protections to which they may be entitled. No Mechanics Bank representative will ever call and ask for your Access ID or Password.
IF YOUR PASSWORD HAS BEEN COMPROMISED
If your Password has been compromised, call us immediately. Calling us is the best way of minimizing your potential losses. You may also restore the security of your Services by immediately changing your Password. If you believe your Password has been compromised and you notify us within two Business Days after you learn of the compromise, your losses will be limited to $50.00 if someone uses your Password to conduct unauthorized electronic funds transfers without your permission. If you do NOT notify us within two Business Days after you learn of the compromise of your Password and we can prove we could have stopped someone from using your Password to conduct unauthorized electronic funds transfers without your permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH ONLINE BANKING
In addition to viewing account information, you may use Online Banking to conduct the following transactions:
- transfer funds among your linked checking, savings, money market, loan, and line of credit account(s); or
- utilize the Bank’s Bill Payment Service.
New services may be introduced for Online Banking from time to time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
You will continue to receive your regular account statement, whether physically or electronically. Electronic delivery of statements (or “eStatements”) is available. Customers who elect eStatements will receive their regular statements, disclosures, and notices in electronic form. They will receive an e-mail notifying them when their eStatement is ready to view and download. Please call 419-524-0831 for more information about eStatements.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify us immediately. If you do not notify us within 60 days after the statement was mailed or your e-mail notification for your eStatement was sent to you, you may not recover any money lost.
PROCEDURES FOR RESOLVING ERRORS
In the event you believe a billing or operational error has occurred, or if you have any questions concerning a transaction, please contact us Monday through Saturday (excluding Federal holidays) at:
Mechanics Bank Answer Center
2 South Main Street
Mansfield, OH 44902-2985
You should advise us, no later than 60 days, after receiving the FIRST statement, or e-mail notification for your eStatement, on which the problem or error appeared. When you contact us, you should, as clearly as you can, give us the following information:
- Your name and account number.
- A brief description of the error or transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information.
- The dollar amount of the suspected error.
If you tell us verbally, we may require you to send us your complaint or question in writing within 10 business days.
We will share the results of our investigation within 10 business days (20 business days for a new account) of receiving your complaint or question and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for a new account) to investigate your complaint or question.
If we need the additional time and the possible error involves a deposit to your account, we will recredit your account within 10 business days (20 business days for a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive a reply within 10 business days, we may not recredit your account. An account is considered new for 30 days after the first deposit is made, unless you have already established a prior account with us.
If we determine that there was no Bank error, we will send you a written explanation within 3 business days of completing our investigation. You may ask for copies of the documents used in our investigation.
LIMIT OF MECHANICS BANK’S RESPONSIBILITY
We agree to make reasonable efforts to ensure full performance of these Services. We will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for circumstances over which the Bank has no direct control. This includes, but is not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. We are not responsible for any losses should you give incorrect instructions. Any information you receive from us is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We are not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information. We are not responsible for any fees incurred for internet access, or for any computer virus or related problems that may be attributable to services provided by any internet access service provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. We are not responsible for any errors or failures from the malfunction or failure of your hardware or software.
MECHANICS BANK’S RESPONSIBILITY
We will be responsible for your actual losses if they were directly caused by our failure to:
- complete an electronic funds transfer as properly requested, or
- cancel an electronic funds transfer as properly requested.
However, we will not be responsible for your losses if:
- through no fault of ours, you do not have enough money in your account to make the transfer;
- through no fault of ours, the transaction would have caused you to exceed your available credit;
- circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken;
- there is a hold on your account, or if access to your account is blocked in accordance with Bank policy;
- your funds are subject to legal process or other encumbrance restricting the transfer;
- your transfer authorization terminates by operation of law;
- you believe someone has accessed your accounts without your permission and you fail to notify us immediately;
- we have received incomplete or inaccurate information from you or a third party involving the account or transfer;
- we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring; or
- you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other agreements with you. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
THE LIMIT OF MECHANICS BANK’S LIABILITY
The limit of Mechanics Bank’s liability shall be as expressly set forth herein. Under no circumstances will Mechanics Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use these Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.
ELECTRONIC MAIL (E-MAIL)
If you send us an electronic mail message through the Service, we will be deemed to have received it on the following Business Day. E-mails will be answered within a reasonable timeframe. You should not rely on electronic mail if you need to communicate with us immediately and during our normal business hours (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur). You agree that we may respond to you by electronic mail with regard to any matter related to these Services, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by us shall be considered received within three days of the date sent by us, regardless of whether or not you sign on to these Services within that time frame.
In addition to this Agreement, you agree with us to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of these Services is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures you received when you opened your accounts with us, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct any fees related to these Services from your account each month. All terms and conditions of the disclosures provided to you at account opening and subsequently, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions of Bill Payment Service apply to these Services.
MODIFICATIONS TO THIS AGREEMENT
We may modify the terms and conditions applicable to these Services from time to time upon mailing or delivering a notice of the modifications to you at the physical or e-mail address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three days after it is sent. We reserve the right to terminate this Agreement and your use of these Services in whole or in part at any time without prior notice.
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges under this Agreement without notice to you for any reason or if:
- you do not pay any fee required by this Agreement when due,
- you do not comply with the Agreement governing your deposit or loan accounts, or
- your accounts are not maintained in good standing.
We will promptly notify you if we terminate this Agreement or your use of these Services for any other reason. We may convert your account to inactive status if you do not sign on to these Services or have any transaction scheduled through these Services during any consecutive 30-day period. If your account is considered inactive, you must contact us to have these Services activated before you will be able to schedule any transaction through these Services. To cancel these Services, you must notify Mechanics Bank. Your notification should include your name, address and the effective date to stop these Services. You may notify us by one of the following methods:
- initiating a customer inquiry through our Website,
- calling us at the phone number shown above, or
- writing a letter to us at the address shown above.
This Agreement is governed by the laws of the state of Ohio and applicable federal law(s).
Charges for these Services (e.g., stop payment charges) will be assessed at the rates shown on the schedule below and deducted from the account(s) you hold with us. These fees are subject to change. We will notify you in writing regarding any fee changes at least 30 days in advance of the effective date of these changes.
Online Banking: No monthly service charges
- Stop Payment: $30
- Bill Payment: 50¢ each after 25 transactions, per statement cycle
- Non-Sufficient Funds (NSF): $32
- CheckFree/Bill Pay NSF: $28 in addition to the $32 Mechanics Bank NSF fee, $60 total.
MOBILE REMOTE DEPOSIT CAPTURE (RDC)
This Mobile Check Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of Mechanics Bank’s (“the Bank”) Mobile Check Deposit and/or other remote deposit capture services that Mechanics Bank or its affiliates (“Mechanics Bank”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with Mechanics Bank, including the MOBILE BANKING GENERAL TERMS & CONDITIONS or REMOTE DEPOSIT CAPTURE SERVICES AGREEMENT, as applicable to your Mechanics Bank account(s), are incorporated by reference and made a part of this Agreement.
- Services. The mobile remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks or taking pictures with mobile devices and delivering the images and associated deposit information to Mechanics Bank or Mechanics Bank’s designated processor.
- Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via E-MAIL, TEXT MESSAGE, or on our WEBSITE(S) by providing a link to the revised Agreement or by an online secure message. You must accept or reject any material change to this Agreement the next time you use the Service after Mechanics Bank has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, Mechanics Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
- Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
- Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Bank from time to time. The Bank is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
- Fees. A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed prior to your deposit. The Bank may change the fees for use of the Service at any time pursuant to the section titled “Acceptance of these Terms” above. You authorize the Bank to deduct any such fees from any account in your name.
- Eligible items. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to the Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
- Ineligible Items for Deposits. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
- Any third party check, i.e., any item that is made payable to another party and then endorsed to you by such party.
- Any item drawn on your personal account at the Bank.
- Any item that contains evidence of alteration to the information on the check.
- Any check previously converted to a “substitute check,” as defined in Regulation CC.
- Any item issued to you by a financial institution in a foreign country.
- A “remotely created check.”
- Any item that is “stale dated,” expired, or “post-dated”.
- Any item that is “non-negotiable” (whether stamped in print or as a watermark).
- Any item that has been re-deposited or returned such as “non-sufficient funds” or “refer to maker” or returned for any other reason.
- Any item that is incomplete.
- Savings Bonds.
Deposits of this nature are grounds for the immediate termination of the Services and an immediate reversal of the transaction or credit to your account. A reversal means the amount of the item(s) deposited will be removed from your account and will reduce your account balance. The reversal may also result in a negative balance on your account.
- Check Requirements. You agree to restrictively endorse any item transmitted through the Services as “FOR MOBILE DEPOSIT ONLY, MECHANICS BANK” or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. The scanned image of the check transmitted to us using the Services must accurately and legibly provide, among other things, the following information: (1) your endorsement; (2) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signatures; and (3) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality of the check must comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, including the requirements under federal Regulation CC, or any other regulatory agency, clearing house or association. The Service may reject your deposit if the image is not satisfactory. Receipt of the image does not guarantee we can accept the image.
- Receipt of Items. Upon receipt of the digital image, we will review the image for acceptability. You understand and agree that receipt of an image does not occur until after we notify you of receipt of the image by a confirmation screen upon the conclusion of your transaction. You understand that, in the event you receive a notification from us confirming receipt of an image, such notification does not mean that the image contains no errors or that we are responsible for any information you transmit to us. We are not responsible for any image that we do not receive. Following receipt of the image, we will process the image.Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your account and, in the event we reject an item for remote deposit, you understand and agree that you must deposit the original item. You understand and agree that even if we do not initially reject an item you deposit through the Services, we may ask you to provide the original item, because, among other reasons, the paying bank deems the electronic image illegible. Our failure to reject such an item shall not limit your liability to us. You understand that any amount credited to your account for items deposited using the Services is a provisional credit and you agree to indemnify us against any loss we suffer because of our acceptance of the remotely deposited check.
- Availability of Funds. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 3:30pm on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 3:30 pm or on a day we are not open, we will consider that the deposit was made on the next business day we are open. You understand that following our receipt and processing of the image, funds from the check will be made available for your withdrawal and/or use on the THIRD business day after we receive your deposit; however, longer delays may apply. You also understand that credit is provisional until settlement is final. Refer to our Funds Availability Policy for complete information.
- Retention and Disposal of Transmitted Items. Upon your receipt of a confirmation from the Bank that we have received the image of an item, you agree to prominently mark the item as “Deposited via Mobile and the date” to ensure that it is not re-presented for payment.
- You agree to securely store each original check that you deposit using the Services for a period of at least sixty (60) days after transmission to us. After sixty (60) days and no later than ninety (90) days after you transmit the original check, you will safely destroy the original check.
- You understand and agree that you are responsible for any loss caused by your failure to secure the original checks.
- You agree never to re-present the check for deposit.
- You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to the Bank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for our audit purposes. If you are unable to provide a sufficient copy of the front and back of the check you will be liable for any unresolved claims by third parties.
- Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current daily dollar limit is $1,000.00 per business day for retail banking clients and $2,500.00 per business day for commercial banking clients. In addition, the current monthly dollar limit is $3,000.00 per any 30 consecutive calendar day period for retail banking clients and $7,500.00 per any 30 consecutive calendar day period for commercial banking clients. There is no daily or monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded. Daily and monthly deposit limits may vary for users of other services with the Bank.
- Errors.You agree to notify the Bank of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable account statement is sent. Unless you notify the Bank within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against the Bank for such alleged error.
- Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
- User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services:
- Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
- Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice.
- Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check.
- Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
- You have not knowingly failed to communicate any material information to us.
- You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment.
- Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes.
- You will not use the Services and/or your accounts for any illegal activity or transactions.
- Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.
- Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
- Termination. You may, by written request, terminate the Services provided for in this Agreement. We may terminate your use of the Services at any time. In the event of termination of the Services, you will remain liable for all transactions performed on your account.
- Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
- Ownership & License. You agree that the Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the Bank’s business interest, or (iii) to the Bank’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
- DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
- LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BANK OF SOMEWHERE HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
By clicking a button below, you indicate you accept the information above.