Online & Mobile Banking (OB) Agreement and Disclosure Terms and Conditions
Online & Mobile Banking Terms & Conditions
StonehamBank Online Banking (OB) and Mobile Banking Agreement and Disclosures
StonehamBank – A Co-operative Bank (“we”, “our”, “us”, “StonehamBank” or “Bank”) hereby publishes the following terms and conditions for User’s use of OB. “User,” “you” and “your” refers to each signer on the account(s) designated for use with the OB services. The OB services include bill payment and limited banking transactions, which are provided by Fidelity National Information Services, Inc. (FIS), on behalf of StonehamBank. The Bank reserves the right to modify these terms and conditions at any time, effective upon publication, and reserves the right to monitor and review transmissions on-line and in storage, and to remove or reject any material which the Bank, at its sole discretion believes may be unlawful or objectionable, without prior notice to User. User’s use of the OB services constitutes agreement to these terms and conditions and any modification thereof. User authorizes us to use FIS to provide the services to you on our behalf.
PLEASE RETAIN A COPY OF YOUR STONEHAMBANK ELECTRONIC FUNDS TRANSFER (EFT) FORM FOR YOUR RECORDS. THE FORM WILL CONSTITUTE YOUR AUTHORIZATION FOR US TO MAKE RECURRING PAYMENTS OR TRANSFERS VIA THE SERVICES ON YOUR BEHALF.
On your application form you may designate a StonehamBank checking account or account(s) that you wish to use for the bill payment. You may not choose a savings account or money market account for the bill payment services.
You may make payments to any merchant that agrees to accept payments through OB. It is your responsibility to schedule your payments sufficiently in advance of the due dates. The date the merchant credits the payment depends upon the merchant’s payment processing procedures, and StonehamBank will not be responsible for any delay in crediting the payment, which is the result of the merchant’s payment processing procedures or delays in delivery to the merchant caused by the U.S. Postal Service.
You may initiate a single or recurring transfer to or from your StonehamBank account(s). Transfers are posted at the time you make them. You may make unlimited payments to StonehamBank’s loan accounts. In accordance with federal regulations, transfers from a money market account to another account or to third parties by preauthorized, automatic, telephone, or computer transfer or by check or similar order to third parties are limited to six per statement cycle. For details, refer to your Important Account Information Disclosure.
For Interbank (External) Transfers
Interbank (External) Transfers. Transfers between account(s) with StonehamBank and account(s) at other financial institutions (foreign account) are accomplished through an automated clearing house (ACH) debit against the account funds are being transferred from and an ACH credit to the account funds are being transferred to.
- In order to be accessible by OB, accounts maintained at other financial institutions must be either a checking or a savings account and must be your accounts. You must provide the name of the institution, the routing-transit number, as well as the account number.
- To ensure your security, before you add an outside account for external transfers, originate a new external transfer, edit an existing periodic external transfer, or change your phone number through online banking, you may be required to authenticate who you are, using a method of authentication you select. A small dollar transaction will be initiated to the foreign account for verification and you will receive a Bank Mail alert message when completed. The dollar values must be entered in the “verify external transfer account” screen to open the transfer relationship. If the test transaction fails or is rejected, for security purposes StonehamBank may decline your external transfer request(s) and any or all other transactions, and may close your account, with or without notice.
- Funds from Interbank Transfers will be available for withdrawal in accordance with the funds availability policy of the institution(s) holding the account that received the funds. External transfer credits to your StonehamBank account will be available no later than the business day after we receive finally collected funds – funds are generally finally collected by the third business day after the day of your transfer.
- Interbank Transfers can be scheduled, changed and deleted up until 7:00 PM EST on the business day of the scheduled initiation date.
- External Transfers scheduled to process on weekends or holidays will be rescheduled for the next processing date and a message is displayed alerting you to this change. Additionally, transfers scheduled for the 29th, 30th, or 31st of the month are interpreted as “month end” and will be processed on the last day of the month. A message is displayed alerting you to this change.
- A fee may be charged for external transfers. Please consult our Personal Fee Schedule for applicable fees. Fees are subject to change from time to time upon notice as may be required by law.
Each time you initiate an Interbank Transfer of funds with OB, you authorize StonehamBank and our service provider to initiate deposits and/or withdrawals to/from your StonehamBank account and each foreign account you own that you register with us. Each time you initiate an Interbank Transfer of funds with OB, you represent and warrant that you have all necessary right, power and authority to debit and credit the foreign account, and that all information you have provided to register the foreign account with us is complete and accurate. You agree that each such ACH transaction you initiate complies with all applicable laws and the Operating Rules and Guidelines of the National Automated Clearing House Association (NACHA). You request the financial institution that holds your foreign account to honor all Interbank Transfers of funds initiated with OB.
Should an incorrect amount be withdrawn from or deposited to your foreign account(s) or your StonehamBank account(s), you authorize StonehamBank to correct the error by debiting/crediting your foreign account(s) or your StonehamBank account(s).
The Bank has established limits on the amount of funds that can be transferred for Interbank Transfers. The Bank reserves the right to change Interbank (External) Transfer dollar limits at any time. If the Bank decreases the dollar limit, the Bank will notify you as required by law, but the Bank may restrict your transfer limits for security purposes or because of excessive overdrafts on your account.
People Pay Payments
People Pay Payments (”People Pay”) is an optional person to person payment system which allows deposit customers to send and receive money online in a fast and safe manner. This is a one-time payment feature and cannot be used for setting up recurring payments.
To be eligible for this service, you understand that you must have a checking account with the Bank.
If you have selected Account View, or Account View and Transfer with Bill Payment, you may originate the electronic transfer of funds from your account at the Bank to others (called “People Pay”).
When you originate a transfer of funds with People Pay, you authorize the Bank and our service provider to initiate debit entries, upon your instructions, from your account and to transmit those funds to third parties. You may transmit funds in one of the following three ways: 1) via recipient’s email or mobile number; 2) as a deposit to the recipient’s bank account or 3) via PayPal. You understand that you select the method for each individual you choose to send money to with People Pay. You agree and warrant to the Bank that you will only originate transfers of funds with People Pay from accounts for which you have the authority to transfer funds, and that by disclosing information to the Bank regarding those accounts to affect your transfers (such as the recipient’s personal information), you are not violating any third-party rights.
1) For payments via recipient’s email or mobile number, the recipient must provide the Bank with an email address or a mobile phone number in order to receive notification of the payment with claim instructions. To ensure proper processing of the payment, the recipient should confirm the email address or mobile phone number they provide is valid and that they are able to log in and retrieve emails sent to that address or that they can receive text messages and access a website at the provided mobile phone number. To claim a payment, the recipient must access the link provided in the email or text message, successfully enter the claim number on the claim site, and provide the ACH routing number for the receiving bank, their account number at the receiving bank and the type of account (checking or savings).
2) For payments via recipient’s bank account, the recipient must provide an email address or a mobile phone number, the ACH routing number for the receiving bank, their account number at the receiving bank and the type of account (checking or savings). To ensure proper processing of the payment, the recipient should confirm this information with their bank prior to providing the information.
Limitations. For security reasons, the Bank has established dollar limits on the amount of funds that can be transferred via People Pay. The Bank reserves the right to change the People Pay dollar limit at any time. If the Bank decreases the dollar limit, the Bank will notify you as required by law, but may not be required to send notification if the Bank is restricting payment limits for security purposes or because of excessive overdrafts. People Pay may only be originated on a single-entry basis.
If this service is used to transfer funds from an account held at another institution, please consult that financial institution’s deposit account agreement as it may impose transfer restrictions.
It may take two to three business days for a payment initiated from your account via email, mobile, or deposit to the recipient’s bank account to be received by the recipient.
People Pay is only available for consumer accounts.
Cut-offs. To ensure same day processing, the payment must be scheduled by 9:00 PM EST. To ensure same day processing, the recipient must claim the funds by 9:00 PM EST. Payments sent on non-processing days, such as weekends or Federal Holidays will be processed on the next business day. Recipient claims entered on a non-business day will be processed on the following business day. Person–to-person payments cannot be scheduled to occur on a non-business day and cannot be modified, cancelled or recalled once the transfer has been entered.
The Bank is not responsible for payment delays due to recipient’s delay in claiming funds or recipient entering wrong account information when claiming a payment.
Sufficient Funds. You understand that your account must have sufficient available funds for the amount of the payment plus any applicable fees at the time you schedule the payment and when the recipient claims the payment, or the transfer will be declined. Sufficient available funds means that your current available balance (as defined in our Funds Availability Policy) is greater than or equal to the total of the payment plus any applicable fees both at the time you schedule the payment and when the recipient claims the payment.
Claimed Payments. The Bank will not send a notification when a payment has been claimed. However, payment status can be confirmed by viewing the Outgoing Payments tab on the payment service dashboard.
Cancelled, Declined or Rejected Payments. A payment can be cancelled before the recipient claims the funds. If the recipient declines the payment or does not claim the funds within 10 calendar days of the payment date, the transfer will be automatically cancelled. You understand that incorrect bank or account information will result in a rejected payment and may take up to 10 business days to receive credit back to your account.
Limitation on Liability. The Bank is relying on information that you entered on the payment instructions, and you are solely responsible for the accuracy of those instructions. Any errors, including incorrect recipient names, mailing addresses, email addresses, mobile telephone numbers, or bank or account number information, are your responsibility as the sender, and the Bank does not confirm or verify the information you enter prior to sending the payment. It is your responsibility to maintain the confidentiality of the personal information the recipient provides to you.
You understand that the Bank will not be liable for payments or transfers that are not properly completed in the following instances:
- If there is a hold on your account, or if access to your account is blocked, in accordance with any Bank policy. Please note that funds in your account must be available to facilitate the payment or transfer. Recent deposits may not be available immediately. Please refer to our Funds Availability Policy provided to you when you opened your account.
- If funds are subject to legal process or other encumbrance restricting the payment or transfer.
- If you have insufficient funds in your account to complete the payment.
- If your payment/transfer authorization terminates by operation of law.
- If you or a third party involving the account or payment instructions provided the Bank incomplete or inaccurate information.
- If the Bank has a reasonable basis for believing that unauthorized use of your OB credentials or account(s) has occurred or may be occurring.
- If the recipient refuses to accept a payment.
- If you or the Bank terminates this Online & Mobile Banking Terms and Conditions or suspends or terminates the People Pay service.
Fees. Please consult our Fee Schedule for applicable fees. Fees are subject to change from time to time upon notice as may be required by law.
User further agrees to the following
User agrees that the following uses of the OB services are strictly prohibited. User agrees to indemnify, hold harmless, and defend the Bank against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at User’s sole expense, arising from User’s failure to abide by these restrictions on use of the OB services or resulting from or arising out of any unlawful or unauthorized requests for funds transfer or in failing or refusing to make any requested transfers.
- You may not use OB to transmit child support, alimony or other court-directed payments, nor to pay taxes or make other payments to government agencies.
- You may only make payments to payees with U.S. addresses.
- This service may not be used for wire transfer of funds.
- Each account receiving credit may be pre-authorized to charge only one account.
- The Bank shall have no duty to verify the identity of a person using a valid access code to transfer funds.
- Transfer requests will be accepted at any time provided all systems are operational and will be posted on a business day during regular hours.
- The Bank may discontinue the service at any time for any reason. If an account is not activated for 90 days, we will close out the OB service.
- The account owner(s) agree to pay any applicable OB fee, please see Bank’s Fee Schedule. We will charge you a fee for the OB, as stated in our Fee Schedule in effect from time to time. We will deduct these charges from your primary account as designated by you on application.
- We limit the dollar amount of your bill payment transactions; please refer to the Bank’s Account Information Disclosure.
- If, through no fault of ours, your designated account does not contain sufficient available funds to complete the payment or transfer or if the payment or transfer would cause you to exceed the credit limit on your account’s overdraft line, and your account is overdrawn, future scheduled and manual payments will be terminated. Please note that recent deposits may not be available immediately. Please refer to our Funds Availability Policy provided to you when you opened your account for information about how we determine whether your account contains sufficient available funds to complete a payment or transfer.
- The funds in your account are subject to legal process or other encumbrance restricting such payment or transfer.
- Your subscription to OB has been terminated for any reason.
- The OB is not working properly and you know or have been advised by us about the malfunction before you attempted to execute the transaction or, in the case of an automatic or recurring payment or transfer, at the time such payment or transfer should have occurred.
- Your computer and related equipment malfunction or your Internet service provider fails to provide a connection.
- You have not provided us with the correct information for those merchants to which you wish to direct payment or accounts to which you wish to make a transfer.
- The merchant mishandles or delays crediting of any payments sent by us on your behalf.
- Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside source) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid these circumstances.
- If a payment has been made to one of your designated merchants for whom funds were not available in your account, and we are unable to recover the amount of the payment by debit to the merchant or by charging your account, you agree to repay the funds owed immediately upon demand.
WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY YOUR EQUIPMENT OR SOFTWARE.
Your user identification number and Password are confidential. These identifiers are for your personal use and should not be disclosed to any other person. We will not be liable if you voluntarily give your User ID and Password to a person who makes transactions via the internet. You (the account owner(s)) agree(s) to notify the Bank immediately if you become aware that an unauthorized individual has knowledge of the access code.
You further agree that transmission of confidential business and sensitive personal information is at your sole risk.
You agree to notify the Bank or its authorized agent no later than 60 days after you receive the FIRST statement on which You believe a problem or error occurred.
In Case of Errors or Questions about Your Electronic Transfers
If you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt, call or write to us as soon as you can at (888) 402-2265, during normal business hours (excluding holidays) or write to:
StonehamBank – A Co-operative Bank
80 Montvale Ave.
Stoneham, MA 02180
We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (5 business days for Visa Cash & Check Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa Cash & Check Card point-of-sale transactions processed by Visa and 20 business days if the transfer involved 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 question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Additional Terms and Conditions Concerning Online Banking Access via Mobile Banking
The Mobile Banking services are provided to you by the Bank and powered by a third party (the “Licensor”) mobile technology solution. Section A of these terms and conditions is the legal agreement between you and the Bank for the use of the Mobile Banking services. Section B of these terms and conditions is a legal agreement between you and the Licensor.
In case of questions please contact customer service at info at stonehambank dot com or call 1-888-402-2265.
Terms and Conditions
- The fees associated with Mobile Banking services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from StonehamBank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
- No Rights Against Third Parties. The services are provided by StonehamBank and not by any other third party. You and StonehamBank are solely responsible for the content transmitted through the text messages sent to and from StonehamBank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)
- Use of Services. Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your mobile device and the Mobile App. From time to time StonehamBank may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile App. StonehamBank will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your mobile device.
- Relationship to Other Agreements. You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with the Bank. You also agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.), and that these terms and conditions do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Mobile App, receiving or sending Mobile Banking text messages, or other use of your mobile device when using the Mobile App or other products and services provided with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving the Bank. You also agree that if you have any problems with Mobile Banking, you will contact the Bank directly.
- Mobile Remote Deposit Capture and Online Check Deposit (collectively Mobile Remote Deposit Capture).
(a) Description. The mobile remote deposit capture 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 using your mobile phone, tablet, flatbed scanner, or other device and delivering the images and associated deposit information to StonehamBank or its designated processor.
(b) Limitations of Mobile Remote Deposit Capture. When using mobile remote deposit capture, you may experience technical or other difficulties. StonehamBank cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. StonehamBank reserves the right to change the qualifications at any time without prior notice. StonehamBank reserves the right to change, suspend or discontinue mobile remote deposit capture, in whole or in part, or your use of mobile remote deposit capture, in whole or in part, immediately and at any time without prior notice to you. StonehamBank reserves the right to impose limits on the amount(s) and/or number of deposits that you transmit using mobile remote deposit capture and to modify such limits from time to time.
(c) Eligible Items. You agree to scan and deposit only checks (“Eligible Items”) as that term is defined in Regulation CC promulgated by the Board of Governors of the Federal Reserve System (“Reg CC”). You agree that the image of the check transmitted to StonehamBank shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Massachusetts. You agree that you will not use mobile remote deposit capture to scan and deposit any checks or other items as shown below:
- Checks or items payable to any person or entity ot¸er than you;
- Checks or items drawn or otherwise issued by you or any other person on any of your accounts or any account on which you are an authorized signer or joint account holder;
- Checks or items containing obvious alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn;
- Checks or items previously converted to a substitute check, as defined in Reg CC;
- Checks or items drawn on a financial institution located outside the United States;
- Checks or items that are remotely created checks, as defined in Reg CC;
- Checks or items not payable in United States currency;
- Checks or items dated more than 6 months prior to the date of deposit; or
- Checks or items prohibited by StonehamBank’s current procedures relating to mobile remote deposit capture or which are otherwise not acceptable under the terms of your Account Agreement.
(d) Image Quality. The image of an item transmitted to StonehamBank using mobile remote deposit capture must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve System, or any other regulatory agency, clearing house or association.
(e) Endorsements and Procedures. You agree to restrictively endorse any item transmitted through mobile remote deposit capture as “For deposit only, StonehamBank” or as StonehamBank may otherwise instruct you. You agree to follow any and all other procedures and instructions for use of mobile remote deposit capture as StonehamBank may establish from time to time.
(f) Receipt of Items. StonehamBank reserves the right to reject any item transmitted through mobile remote deposit capture, at StonehamBank discretion. StonehamBank is not responsible for items StonehamBank does not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from StonehamBank that StonehamBank have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.
(g) Disposal of Transmitted Items. Upon your receipt of a confirmation from StonehamBank that StonehamBank has received the image of an item, you agree to prominently mark the item as “Electronically Presented” to ensure that it is not represented for payment. You will need to properly shred and dispose of the item after a period of 30 days and, you agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to StonehamBank as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for StonehamBank audit purposes.
(h) Returned Deposits. If an Eligible Item deposited through Mobile Deposit is dishonored, rejected or otherwise returned unpaid for any reason including insufficient funds, then you will receive an image, reproduction or substitute of the Eligible Item and the Bank may set off the amount of the returned Eligible Item by debiting the account into which you deposited the returned Eligible Item or by transferring funds from another account held by you with the Bank. Notifications of delayed availability or return of the deposit may not be available to you through Mobile Deposit or the Application, and may be mailed or sent through other means deemed acceptable by the Bank. You will be responsible for reimbursing the Bank for all loss, cost, damage or expense related to the processing of the returned Eligible Item. You are prohibited from attempting to deposit or otherwise negotiate an Eligible Item through Mobile Deposit if it has been charged back to you. You are solely responsible for verifying the validity of an item returned as forged or counterfeit, and if you suspect that an item is forged or counterfeit then you must not deposit that item using Mobile Deposit. The Bank is not responsible for detecting forged or counterfeit items that you deposit.
- (i) User Warranties and Indemnification. You warrant to the Bank that:
- You will only transmit Eligible Items.
- Check images will meet the image quality standards set forth above.
- You will not transmit duplicate items.
- You will not deposit or represent the original item.
- All information you provide to the Bank is accurate and true.
- You will comply with these terms and conditions and all applicable rules, laws and regulations.
- You agree to indemnify and hold harmless the Bank from any loss for breach of these warranties.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
- Ownership.You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").
- License.Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
- Restrictions.You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
- Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
- Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
- S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
- MiscellaneousThis Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
- Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.