Terms & Conditions
We are glad you have chosen to visit our website. Before proceeding, please read these Terms and Conditions carefully. These Terms and Conditions consist of our agreement with you pertaining to your use of our website. By accessing our site, you agree to be bound by these Terms and Conditions. This website has been established by Coastal Carolina National Bank (CCNB) for the sole purpose of conveying information about the Bank’s products and services and to allow communication between Coastal Carolina National Bank and our customers. Information that appears on this website should be considered an advertisement. Information regarding our products and services is not intended to take the place of our agreements governing our products and services, or our disclosures made in accordance with federal and state law. If any information on this website conflicts with that in any of the Bank’s agreements and disclosures, the agreements and disclosures will control. Information on our website may not apply to all products and services and is current only as of the date posted. Information presented on this website regarding any of our products and services does not constitute a commitment to provide any such product or service. Eligibility for certain products and services may vary, and is subject to final determination by the Bank. Please contact the Bank directly at 866-418-9219 for more information, or for copies of any applicable agreements or disclosure statements. The information contained on the pages of this website is not intended to provide, and should not be relied on for legal, accounting, financial or tax advice. Please consult with your tax, accounting or financial advisor or legal counsel before using any of this information. From time to time, Coastal Carolina National Bank may provide links to other websites. Coastal Carolina National Bank does not endorse or warrant the products, services or content of any entity linked to its website and is not liable or responsible for any content or information contained within any links. The information and materials contained in this website are owned by Coastal Carolina National Bank or by others, as applicable. No website material or information may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law.
DISCLAIMER OF WARRANTY (Our Website)
Coastal Carolina National Bank does not make any warranty of any kind regarding the products and services advertised on its website. The Bank will use reasonable efforts to provide that all information displayed is accurate; however, the Bank expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without contracting a computer virus. Except as specifically provided for in the Bank’s agreement with you, the Bank, or its holding company, subsidiaries or affiliates have no liability or responsibility for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, consequential and incidental damages, that result from the access of or use of its Website. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if the Bank has been informed of the possibility of such loss or damage. By accessing any page of this site, you agree to these Terms and Conditions. If you do not agree, please do not use our site. These Terms and Conditions do not modify or supplement any existing agreement that we may have with you and is not intended to be incorporated as part of any agreement between us. We reserve the right, at our discretion, to change, modify, add, or remove this Statement at any time. You agree, by using this website, to be subject to these Terms and Conditions as they currently exist and as they may change from time to time. These Terms and Conditions of Use and the use of this website are governed by the laws of the State of South Carolina.
2 of 20 Online Banking Agreement This Agreement, for accessing your accounts via CCNB Online Banking, explains the terms and conditions governing the online banking, and other banking related services offered CCNB Online Banking. Only accounts maintained with CCNB may be accessed by CCNB Online Banking. Please read this Agreement and indicate your acceptance by clicking “I Accept” at the bottom of the page to continue the enrollment process. Consent to Agreement By selecting Accept following this Initial Disclosure and Agreement and, you are acknowledging that you are able to access this document in electronic form. This CCNB Online Banking Agreement governs your use of CCNB Online Banking website. Throughout this website, the Agreement will be referred to as “Agreement”. Your first use of CCNB Online Banking confirms your acceptance of the terms and conditions included in the CCNB Initial Disclosure and Online Banking Agreement. We suggest that you print a copy of this Initial Disclosure and Online Banking Agreement for future reference. Definitions: The following definitions apply in this Agreement. Access ID – The Bank generated identification code assigned to you for your connection to the Service. Bank or CCNB – Refers to Coastal Carolina National Bank and its depository where your accounts are located. Bill Payment – The online service that enables the scheduling of bill payments using a personal computer. Business Day – Our Business Days are Monday through Friday. Federal holidays are not included. You may access Online Banking 24 hours a day, seven days a week, except during periods of maintenance. Consumer Accounts – Means a demand deposit or other account in the name of an individual held for personal, family, or household purposes. Online Banking – The Internet-based service providing access to your Bank account(s) with the Bank. Password – Refers to the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service Online Banking. Payee – Refers to any business, merchant or professional with a valid U.S. address that generates a bill or invoice for service, or services provided on your behalf or any individual. Payee Type – Refers to the method of payment, either check or electronic. We, Us, or Our – Refers to Coastal Carolina National Bank and any agent, independent contractor, designee, or assignee the Coastal Carolina National Bank may involve in the provision of CCNB Online Banking. You or Your – Refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using CCNB Online Banking. Fees CCNB Online Banking is available to our personal customers at no monthly charge for account information and transfers between accounts. Internet Security Information: CCNB Online Banking is part of a network that utilizes a comprehensive security strategy to protect your accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by
3 of 20 the system can be viewed and are explained in our Security Statement. In addition to our login security, we use SSL (secure socket layer) encryption technology for everything you do on the CCNB Online Banking system. Whenever SSL is securing your communications, the browser will typically indicate the “secure session” by changing the appearance of a small icon of a padlock at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. Software and Equipment Requirements Equipment such as a personal computer or wireless device, with access to the Internet (Equipment) is required to access the Services. To ensure that you have the best experience using Online Banking and in order to get the most current security features to protect your personal and account information online, we ask that you have: •A PC, a Macintosh or compatible computer •A printer or sufficient computer disk space to save copies of documents •Internet access and an Internet browser that meets the following requirements: For PC using Windows •Microsoft Internet Explorer with applied security patches •Mozilla Firefox •Adobe Acrobat Reader •Google Chrome For Macintosh using OS• Microsoft Internet Explorer with applied security patches •Safari •Adobe Acrobat Reader •Google Chrome. If you choose to use QuickBooks, Quicken or Microsoft Money, you must purchase this software from Intuit or Microsoft, or a retailer of your choice. You are responsible for the correct setup and installation of the software to your computer. For continued support or troubleshooting, you will contact Inuit or Microsoft directly. If you access the Service by use of such Equipment, you agree: (1) the software, and any future upgrades, must be loaded and operational on your Equipment and you must use applicable means, appropriate to the Equipment, to access the Service; (2) to receive account information by electronic transmission of a visual display of the text; that 128-bit encryption is required for the use of the Services, to secure your Equipment against Malware in order to safeguard your information, software, or other materials by, for example, installing and regularly updating virus protection software. Any other software used by you in the future to access our system, if supported by us, will be proved and maintained by you at your expense. Electronic Messaging: Coastal Carolina National Bank provides you with the ability to send and receive electronic messages within the system.
4 of 20 Email transmissions outside of the online banking system are not secure. We advise you not to send us or ask for sensitive information such as account numbers, Passwords, account information, etc. via any general or public email system. Please remember that we will not immediately receive an email sent by you. No action will be made on any email you send to us until we actually receive your message and have a reasonable opportunity to act on it. If urgent action is required, we recommend that you contact Coastal Carolina National Bank directly by telephone at (866) 418-9219 between 8:30 a.m. and 5:00 p.m., Monday – Thursday and between 8:30 AM EST and 5:30 PM EST, Friday or in person at a Coastal Carolina National Bank location. Email cannot, however, be used to initiate transactions on your accounts. From time to time, we may send important notices to you by secure email. Alerts: Your enrollment in CCNB Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your CCNB account(s). Alerts are provided within the following categories: Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts. Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments canceled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts. Additional Alerts must be activated and enabled by you. These Additional Alerts can be accessed from the Manage Alerts menu within CCNB Online Banking and Manage Alerts menu within CCNB Mobile Banking. Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts but are not obligated to do so. CCNB reserves the right to terminate its Alerts service at any time without prior notice to you. Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your CCNB Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number. Alerts via Text Message To stop Alerts via text message, text “STOP” to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in CCNB Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 866-418-9219. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.LimitationsCCNB provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate
5 of 20 information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s), and other factors outside CCNB’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold CCNB, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose. Alert Information: As Alerts delivered via SMS, email, and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages. Security is very important to Coastal Carolina National Bank. When you login to Online Banking for the first time, you will use your account number and the last four digits of your social security number. You will then be prompted to select a new “Access ID” and “Password” that you will thereafter use to gain access to your accounts. Because your password is used to access your account(s), you should treat it as you would any other sensitive personal data. You agree not to give or make available your Access ID, Password, or account number(s). If someone to whom you have granted authority to use your Access ID and Password exceeds such authority, you are fully liable for all transfers and payments made by such person until you have notified us that you have terminated the authority granted to such person and have given us a reasonable period of time to act upon such notice. You will be prompted to change your password every three hundred sixty-five (365) days. If you would like to change your password more frequently, this can be done at any time, after you are logged in, from the “options” menu. Your session time is limited to sixty (60) minutes. But to help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for fifteen (15) continuous minutes. This is to protect you in case you accidentally leave your computer unattended after you log in. When you return to your computer, you will be prompted to re-enter your password and your session will re-start. It is very important that you properly log out of Online Banking by clicking the LOGOUT button at the top of the screen. Logging out is the only way we know you have ended your session. If your Access ID and Password is dormant for a prolonged period of time, for security purposes, we may restrict access and require you to reapply. If Online Banking is not available due to malfunction of the system or circumstances beyond our control, you should access your accounts by other means such as visiting our branch, ATM access, check, debit card, our automated telephone banking service, or by telephoning us. Coastal Carolina National Bank and its third-party providers are not responsible or liable for any expenses or losses incurred by you as a result of the online service being unavailable. Account Access: You may use Online Banking to •Obtain account balances •Transfer funds between eligible accounts (checking, savings, money market) on a one-time or recurring basis •Transfer funds from checking, savings and money markets to make payments to your loan and/or line of credit •Access to Bill Payment Services; Review transaction history •Receive images of checks• Send secure email to email@example.com •Print statements •Download account information to personal software program.
6 of 20 Balance Inquiries and Transfers: You may use CCNB Online Banking to check the balance of your accounts and transfer funds between your eligible accounts. The balances shown in your accounts may differ from your records due to deposits not available for withdrawal, outstanding checks or other withdrawals, payments or charges. If you have further questions, contact us at firstname.lastname@example.org. Limitations on Frequency of Transfers: You may initiate an unlimited number of transfers from your checking account(s). For savings and money market accounts, applicable federal regulations impose certain limits to pre-authorized, automatic and telephone transfers (including online transfers) to six per statement cycle, no more than three of which may be made by check, draft, or similar order payable to third parties. If a hold has been placed on deposits made to an account from which you wish to transfer funds or a restriction has been imposed, you cannot transfer the funds. In Case of Errors or Questions about Your Electronic Transfers Telephone us at 866-418-9219 Write to us at Coastal Carolina National Bank 1012 38th Ave. N. Myrtle Beach, SC 29577 or email us at email@example.com. You must contact Coastal Carolina National Bank immediately if you believe your receipt or statement is incorrect or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem or error appeared. In contacting the Bank, you must: •Tell us your name and account number. Describe the error or the transfer in question, and explain why you believe it is an error or why you need more information. •Tell us the dollar amount of the suspected error. •Tell us the date on which the suspected error appeared on your account statement. If you tell us verbally, we will require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within ten (10) business days and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate your complaint or question. If this occurs, we will provisionally credit your account within ten (10) business days for the amount you believe is in error. This will allow you use of the funds during the time it takes us to complete our investigation. If we do not receive your complaint or question in writing within ten (10) business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error if timely notification occurred. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. If we have given provisional credit, a corresponding debit will be withdrawn from your account. Notice of Your Liability: Contact the Bank at once if you believe your Access ID and/or Password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer funds from your accounts without your permission. Contacting us by telephone is the best way to reduce any possible losses. If you contact us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your Access ID and/or Password, your liability, or you should have learned, will not exceed fifty dollars ($50) if someone used your Access ID and/or Password without your permission. If you do not contact us within two (2) business days after you know, or should have known, of the loss, theft, compromise, or unauthorized use of your Access ID and/or Password, we could have prevented someone from using your Access ID and/or Password without your permission, your liability could be as much as five hundred dollars ($500). If your statement shows transfers that you did not make, contact the Bank at once. If you do not tell the Bank within sixty (60) days after the statement was mailed to you, you will be held liable for 7 of 20 the amount of any unauthorized transfer(s) made after the sixty (60) day time period if it is reasonable to conclude that the transfer(s) would not have occurred had you notified us within the sixty (60) day time period. Event of Unauthorized Transfer. If you believe your Access ID and/or Password have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact us at 866-418-9219 or write to Coastal Carolina National Bank 1012 38th Ave. N. Myrtle Beach, SC 29577 Bank Liability. If we do not complete a transfer to or from your account timely or in the correct amount according to our Agreement with you when you have properly instructed us to do so, we will be liable for the dollar amount of the transfer or amount you lost; however, there are some exceptions. We will not be liable, for instance:•If you have not properly followed the instructions on how to initiate a transfer. •If, through no fault of the Bank, you do not have available funds in your account to complete the transfer. •If the transfer would exceed the credit limit on your overdraft line, if applicable. •Funds in your account are subject to legal process or other restrictions prohibiting the transfer. •If you, or anyone authorized by you commits, or attempts to commit, any fraud or violates any law or regulation. •If you believe someone has accessed your account(s) without your permission and you fail to notify the Bank immediately. •If we have a reasonable basis for believing the unauthorized use of your Access ID and/or Password or account has occurred or may be occurring, or if you default under this Agreement or any other agreement with us or if the Agreement is terminated by either party. •If Online Banking or your personal electronic devices were not working properly and you knew about the breakdown or malfunction when you initiated, or attempted the transfer. •Circumstances beyond the Bank’s control prevent the proper completion of the transaction, despite reasonable precautions taken by the Bank. Such circumstances include, but are not limited to fire, flood, tornado, hurricane, power failure, quality of your telephone line, disconnections, delay in the U.S. Mail or other uncontrollable circumstances. •Applicable laws and/or regulations exempting us from liability. Provided none of the circumstances above are not applicable, if we cause an incorrect amount of funds to be removed from your account, our sole responsibility to you will be to return improperly transferred funds to your account.
DISCLAIMER OF WARRANTY (Online Banking)
The bank makes no warranties with respect to its online banking service, nor does the bank warrant that its online banking will meet specific requirements of a customer. Neither does the bank make any kind of warranty, either expressed or implied, with respect to the use of its online banking. The bank expressly disclaims any implied warranties of merchantability and fitness for a particular purpose. We may, on a regular basis, perform maintenance on our equipment or the Online Banking system, which may result in interrupted service in Online Banking. We also may need to change the scope of our Online Banking services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We make no representation that Online Banking services will be uninterrupted or error-free. Our sole obligation to you arising out of non-availability of Online Banking, or any interruption or delay in providing Online Banking shall be to use commercially reasonable efforts to resume such services. In no event shall the Bank or any of its officers, directors, employees, agents or subcontractors be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits arising in any way out of the installation, use, or maintenance of any computer equipment, the Online Banking service or
8 of 20 your use of the Bank’s Online Banking services. However, nothing in this section is intended to limit the rights you may have under Federal law or otherwise provided in this Agreement. Indemnification: You agree to indemnify and hold harmless the Bank against and in respect to any and all loss, liability, expense, and damage, including consequential, special, and punitive damages, directly or indirectly resulting from (i) your use of its online banking service; (ii) any breach by you of the provisions of this Agreement; (iii) any dispute between you and any third party in connection with the use of the Bank’s online banking service; and (iv) any and all actions, suits, proceedings, claims, demands, judgments, costs and expenses (including attorney’s fees) incident to the foregoing. The terms of this Section will survive termination of this Agreement. Limitations of Liability: Except as set forth specifically in this Agreement, in no event will the Bank be liable to you for any damages, including lost profits, lost savings, or other direct, indirect, incidental, special or consequential damages arising out of your use or inability to use its on-line banking service or for any claim by another party. The Bank’s duties and responsibilities in connection with its online banking service are limited to those described in this Agreement. The Bank will be deemed to have exercised ordinary care and to have acted reasonably if the Bank has acted in accordance with the terms of this Agreement and will be liable for loss sustained by customer only to the extent such loss is caused by the Bank’ s gross negligence or willful misconduct. The Bank will not be liable for any consequential, special or punitive damages, regardless of the Bank’s act or omission. The Bank will have no liability for any loss or damage:•Related to the dishonesty of your employees, officers, or agents; •Resulting from any receiving financial institution’s failure to accept any online banking transaction or request •Resulting from any delay in the performance of this Agreement, which is caused by an act of God, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the Bank and you, or between the bank and third parties, or any other condition outside the Bank’s control. No third party will have rights or claims against the Bank under this Agreement. The terms of this section will survive termination of this Agreement. Virus Protection: The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their personal computers and diskettes using a reliable virus product to detect and remove any viruses. Undetected viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. New Online Banking Services: The Bank may, from time to time, introduce new Online Banking services. We shall update this Agreement to notify you of the existence of these new Online Banking services. By using these Online Banking services when they become available, you agree to be bound by the terms contained in this Online Banking Agreement, as may be amended from time to time. Electronic Bill Payment Through the Bank’s website, in addition to Online Banking, you can access a third-party Bill Payment Service, which will allow you to electronically pay third parties. Bill payment transactions will be drawn against your account in accordance with the instructions you provide to the Bill Payment Service. If you elect to use the Bill Payment Service, in addition to this Agreement, you must agree to separate terms and conditions with the Bill Payment Service that will govern the relationship with your Bill Payment Service. These separate terms and conditions with the Bill Payment Service will govern among other things, applicable charges and fees imposed by the Bill Payment Service, permissible types of
9 of 20 payments and limitations, liability for unauthorized transfers through the Bill Payment Service, dispute resolution, termination rights and contact information with the respect to the Bill Payment Service. Entire Agreement. This Agreement, constitutes the complete and exclusive agreement related to this service, and supplements any other agreement or disclosure related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this Agreement shall supersede. Assignment: This Agreement may not be assigned to any other party by you. We may assign or delegate, in part or whole, to any third party. Governing Law and Jurisdiction: This Agreement and the account or Online Banking you are accessing via Coastal Carolina National Bank will be governed by and interpreted in accordance with the laws of the State of South Carolina. You agree that all actions relating to this Agreement shall only be brought in the State of South Carolina. Amendments: Terms and conditions of this Agreement may be amended, in whole or part, by the Bank at any time with thirty (30) days written or electronic notification to you prior to the change or amendment taking effect. If you do not agree with the change(s), you must notify us prior to the effective date to terminate your access. (See above “Termination” section) Amendments or changes to term(s) or condition(s) may be made without prior notice if they do not result in higher fees, more restrictive Online Banking use, or increased liability to you. Termination: You may terminate your use of Online Banking at any time by calling the Bank at 866-418-9219, by visiting the Bank, or writing to us at Coastal Carolina National Bank, 1012 38th Ave. N., Myrtle Beach, SC 29577. You must notify us within ten (10) days prior to the date you wish to have your Online Banking terminated. Your request to terminate must be in writing, signed and dated by you and presented to the Bank. We may terminate your access to Online Banking, in whole or in part, at any time without notice, if you do not comply with the terms of this agreement, or the Agreements governing your Accounts, if your account(s) is not maintained in good standing, or if we believe that you have handled your Account(s) in a fraudulent or improper manner. We may also terminate your access to Online Banking for any other reason by giving you twenty (20) days notice. Termination will not affect your liability under this Agreement for transactions that we have processed on your behalf.
Coastal Carolina National Bank Account-to-Account Transfer
Terms of Service: 1. Introduction. This Account-to-Account Transfer Terms of Service document (hereinafter “Agreement”) is a contract between you and Coastal Carolina National Bank (hereinafter “we” or “us”) in connection with the Account-to-Account Transfer Service (as defined below) offered through our online banking site or mobile applications (the “Site”). This Agreement applies to your use of the Account-to-Account Transfer Service and the portion of the Site through which the Account-to-Account Transfer Service is offered.
10 of 20 2. Description of Account-to-Account Transfer Service: The Account-to-Account transfer service (the “Account-to-Account Transfer Service”) enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.3. Definitions. A).”Account” means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable. B.) ”ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions. C).”Affiliates” are companies related by common ownership or control. D).”Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed. E).”Eligible Transaction Account” is a transaction account from which your transfers will be debited, your Account-to-Account Transfer Service fees, if any, will be automatically debited, or to which transfers and credits to you will be credited, that is eligible for the Account-to-Account Transfer Service. An Eligible Transaction Account shall be limited to a checking, money market or savings account that you hold with us. F).”External Account” is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account. G).”Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred. H).”Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Account-to-Account Transfer Service to you on our behalf. I). ”Transfer Instruction” is specific information provided for a transfer to be made that you provide to the Account-to-Account Transfer Service for a transfer of funds. 4. Service Providers. We are offering you the Account-to-Account Transfer Service through one or more Service Providers that we have engaged to render some or all of the Account-to-Account Transfer Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Account-to-Account Transfer Service to you, we are the sole party liable to you for any payments or transfers conducted using the Account-to-Account Transfer Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Account-to-Account Transfer Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. 5. Authorization and Processing: A). You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States. B). When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account-to-Account Transfer Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External
11 of 20 Account designated by you and to debit your applicable Account as described below in Section 9 (Account-to-Account Transfer Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. C). We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: 1.If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account; 2.The Account-to-Account Transfer Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction; 3.The transfer is refused as described in Section 10 (Refused Transfers) below; 4.You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or, 5.Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. D.) It is your responsibility to ensure the accuracy of any information that you enter into the Account-to-Account Transfer Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you. 6. Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through our Account-to-Account Transfer Service. Your limits may be adjusted from time-to-time in our sole discretion. You may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Account-to-Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. 7. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Account-to-Account Transfer Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you. 8. Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Account-to-Account Transfer Service pursuant to Section 26 (Errors, Questions, and Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule. 9. Account-to-Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Account-to-Account Transfer Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Account-to-Account Transfer Service or Site. Any applicable fees will be charged.
14 of 20 methods described in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above of any violations of the Agreement generally. 19. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Account-to-Account Transfer Service, regardless of the purpose of the use, and for all communications you send through the Account-to-Account Transfer Service. We and our service providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Account-to-Account Transfer Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Account-to-Account Transfer Service or the portion of the Site through which the Account-to-Account Transfer Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Account-to-Account Transfer Service, or interfere or attempt to interfere, with the Site or the Account-to-Account Transfer Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above of any violations of the Agreement generally. 20. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized TransferInstruction, you shall communicate with customer care for the Account-to-Account Transfer Service in the manner set forth in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Account-to-Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period. 21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. 22. Failed or Returned Transfer Instructions. In using the Account-to-Account Transfer Service, you are requesting that we or our Service Provider attempt to make transfers for you from your Eligible Transaction Account. If the Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer), the Transfer Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Transfer Instruction. In some instances, you will receive a return notice from usor our Service Provider. In each such case, you agree that:
16 of 20 B). Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.25. Account-to-Account Transfer Service Termination, Cancellation, or Suspension. If you wish to cancel the Account-to-Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above. Any transfer(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Account-to-Account Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement. 26. Errors, Questions, and Complaints. A).In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above. B). If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must: 1. Tell us your name; 2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and 3. Tell us the dollar amount of the suspected error. C). If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur. 27. Intellectual Property. All marks and logos related to the Account-to-Account Transfer Service are either trademarks or registered trademarks of our licensors or ours’. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Account-to-Account Transfer Service, or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Account-to-Account Transfer Service, the portion of the Site through which the Account-to-Account Transfer Service is offered, the technology related to the Site and Account-to-Account Transfer Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings,
17 of 20 concepts, or other information you may send to us through or regarding the Site or Account-to-Account Transfer Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights. 28. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account-to-Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account-to-Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site. 29. Password and Security: If you are issued or create any password or other credentials to access the Account-to-Account Transfer Service o r the portion of the Site through which the Account-to-Account Transfer Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Account-to-Account Transfer Service without your consent, you must inform us at once at the telephone number provided in Section 12 (Notices to Us Regarding the Account-to-Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers. 30. Amendments. We may amend this Agreement and any applicable fees and charges for the Account-to-Account Transfer Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Account-to-Account Transfer Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Account-to-Account Transfer Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Account-to-Account Transfer Service, and/or related applications and material, and limit access to only the Account-to-Account Transfer Service’s more recent revisions, updates, upgrades or enhancements. 31. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Account-to-Account Transfer Service. We do not have control of, or liability for, any products or services that are paid for with our Account-to-Account Transfer Service. We also do not guarantee the identity of any user of the Account-to-Account Transfer Service (including but not limited to recipients to whom you send transfers).
18 of 20 32. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. 33. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Account-to-Account Transfer Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Account-to-Account Transfer Service for any reason or no reason and at any time. The remedies contained in this Section 33 are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise. 34. Disputes. In the event of a dispute regarding the Account-to-Account Transfer Service, you and we agree to resolve the dispute by looking to this Agreement. 35. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an estab lished alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.36. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 35 (Arbitration) above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 35 (Arbitration) of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement. 37. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Account-to-Account Transfer Service.
19 of 20 38. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Account-to-Account Transfer Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor. 39. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. 40. Exclusions of Warranties. THE SITE AND ACCOUNT-TO-ACCOUNT TRANSFER SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT-TO-ACCOUNT TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 41. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT-TO-ACCOUNT TRANSFER SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
20 of 20 42. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Account-to-Account Transfer Service and the portion of the Site through which the Account-to-Account Transfer Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 4, 12, 13, 21, 22, 27 and 32- 42 of the Agreement, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.