Personal Electronic Banking Services Agreement and Disclosure
This Personal Electronic Banking Services Agreement and Disclosure (“Agreement”) explains the terms and conditions governing the use of RSNB Bank’s Personal Electronic Banking Services (“PEBS”). PEBS includes all online banking services, except bill payment and Popmoney® services which are governed by a separate agreement, mobile and tablet banking. By clicking the “I Accept” button at the end of the page, you confirm your agreement to be bound by the terms of this Agreement and acknowledge your receipt and understanding of this disclosure. By using any of PEBS, you agree to abide by the terms and conditions of this Agreement. Please read it carefully.
Your accounts are governed by their respective contracts, disclosures of account terms, borrowing agreements, notes, applicable fee schedules, and any other agreement evidencing the terms and conditions of your accounts (collectively referred to as “Account Agreements”). If any provision of this Agreement is in conflict with the Account agreements, the Account Agreements shall prevail.
This Agreement may be revised to reflect changes or additional new services at any time, effective upon posting the revised Agreement on RSNB Bank’s website. Continued use of the PEBS after posting of a revised Agreement will constitute acceptance of the revised terms and conditions of the Agreement, unless some other type of notification is required by law or regulation.
Definition of Terms
The words “we,” “our” and “us” mean RSNB Bank. In this Agreement, the words “you” and “your” mean those who request and use PEBS, any joint owners of accounts accessed under this Agreement or any person authorized by you to use your PEBS. “Account” means any one or more deposit, loan or other accounts you have with RSNB Bank to which you have access through PEBS. An Account may be owned by a consumer or a business entity. “Enrollment Form” means the form you complete and submit to receive PEBS. “Credentials” means the access ID, password and other security credentials used to authenticate identity and access PEBS. “Business Days” are Monday through Friday except Federal Reserve Bank holidays.
Online Banking Service
PEBS are services provided to RSNB Bank customers (consumers, sole proprietors and other business customers, at our discretion). PEBS are available to you through computers and certain supported mobile devices and tablets. Access via mobile devices for the mobile browser or text messaging must be activated through RSNB Online. You may download the mobile app through Apple App Store, Google Play, or Amazon Appstore or activate the app through RSNB Online. Additional terms and conditions apply and will be presented online for acceptance prior to PEBS being activated. In order for you to use PEBS, you must be the owner/signer of at least one Account at RSNB Bank. You must have a working connection to the Internet, a web browser that provides strong encryption, a valid email address and a current pdf viewer (to receive and view statements and notices). Mobile Banking is available through participating wireless carriers and supported mobile devices. It is your responsibility to notify RSNB Bank of any and all changes to your email address. RSNB Bank accepts no responsibility or liability for the consequences of your failure to notify us of all changes to your email address.
For joint accounts, each person with access to PEBS will have separate Credentials.
At the present time, you may use PEBS to access your accounts and perform the following functions:
- Review account balances and transaction history;
- Transfer funds between your accounts on either a one-time or recurring basis, including payments to installment or mortgage loans;
- Transfer funds between your account and accounts you own outside the bank;
- Pay bills directly from your eligible accounts;
- Perform person-to-person payments through Popmoney®;
- Review account statements;
- Review pending transactions;
- View and print check images;
- Receive account statements and notices electronically instead of paper statements via the e-Statements service; and
- Export your account information to financial management software programs such as Quicken®, QuickBooks® or a CSV (Comma Separated Value) document
Not all functions listed above are available for mobile and tablet banking. It is your responsibility to notify RSNB Bank of the loss or theft of your mobile phone or tablet. Mobile banking allows you to add more than one mobile phone or tablet to your online account. If you add another mobile phone or tablet to your online account, you certify that you are giving permission to the owner of the mobile phone or tablet to access your accounts.
We recommend that you print a copy of this Agreement for your records and that you periodically check for updates or changes and review the latest Agreement available.
Once we receive your Enrollment Form, we will provide you with Credentials. Your initial Credentials will be temporary. For security purposes, you are required to change your Credentials the first time you access Online Banking. We also require that you create an access ID that is unique to you and a password that is 8 to 15 characters in length, and consists of at least one (1) upper-case letter, one (1) lower-case letter, one (1) numeric character and one (1) special character. You create your password and your password is not available to us. By entering your Credentials, you authorize us to follow any instructions entered through PEBS. You accept responsibility for the privacy and security of your Credentials and agree not to give your Credentials or make them available to any other person. RSNB Bank is entitled to act upon instructions received through PEBS under your Credentials without inquiring into the identity of the person using your Credentials. You will be required to change your password every ninety (90) days. RSNB Bank assumes all transactions authorized by your Credentials are legitimate. You assume responsibility for all transactions up to the limits allowed by applicable law. RSNB Bank will not be responsible for any loss due to breach in the aforementioned security procedures.
Access to PEBS will be locked for 30 minutes in the event your password is entered incorrectly on three (3) consecutive access attempts. After two (2) consecutive lockouts, you will need to re-establish your authorization to use PEBS. Contact us at 307-362-4802 to restore access to your PEBS.
When you use PEBS, you must use your Credentials to access your account. The Accounts to which you may have access through Online Banking include your checking and savings accounts, certificates of deposit, and loans and lines of credit. Accounts you open after enrollment in Online Banking may be included in PEBS unless you instruct us otherwise in writing. If you have an account that you are unable to access, you may request that it be added. Accounts are added at RSNB Bank’s sole discretion. We undertake no obligation to monitor transactions through PEBS to determine that they are made on behalf of the account holder.
PEBS are accessible seven (7) days a week, twenty-four (24) hours a day, except for reasonable periods from time to time for system maintenance. There may also be unscheduled down time, but we work to minimize such interruptions in service. You agree that we are not liable for scheduled or unscheduled interruptions of PEBS. During times when services are not available, you may use ATMs or offices to conduct your transactions (assuming you have applied for and been accepted to utilize ATM services).
If you do not access PEBS during any consecutive one hundred eighty (180) day period, your access to PEBS may be terminated without notice to you.
You understand the importance of your role in preventing misuse of your accounts through PEBS and agree to promptly examine statements for your Accounts as soon as they are available. You agree to protect the confidentiality of your Accounts and account numbers and your personal identification information (e.g., your driver’s license number and social security number). You understand that personal identification information by itself or together with information related to your Accounts may allow unauthorized access to your Accounts. Your Credentials, along with other security features, are intended to provide security against unauthorized entry and access to your Accounts. You agree that properly logging off PEBS (by clicking the “Log Out” button) is required to protect access to your PEBS. You assume all risks associated with disclosure or discovery of any security procedure (including Credentials) to or by others. Data transferred via PEBS is encrypted in an effort to provide transmission security. PEBS utilize identification technology to verify that the sender and receiver of system transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that PEBS are secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including email, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the PEBS, or email transmitted to and from us, will not be monitored or read by others.
You may use PEBS to check balances and recent activity of your Accounts. Any balance shown by PEBS will include a date as of which the balance is current. The balance shown may also differ from your records because it may not include pending items such as deposits in progress, outstanding checks or other withdrawals, payments, charges, or items in process. Certain pending items are available to view in Online Banking. Due to processing constraints, there may be some pending items that affect balance activity, which are not available to view in Online Banking.
Bill Payment Services and Popmoney® Personal Payments Service
You may use PEBS to initiate electronic funds transfers from your checking, savings, or money market account to other eligible accounts at RSNB Bank. Transfers you make through PEBS before 6:00 p.m. MST on a business day are posted to your account on the same day. Transfers you make after 6:00 p.m. MST on a business day, Saturday, Sunday or Federal Reserve Bank holiday may not be posted until the next business day. RSNB Bank identifies transfers based upon the Credentials of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts about any transfers from your account in order to avoid overdrafts.
Unless you schedule or designate a future date on which a transfer should be made, instant transfers of funds will be transferred promptly after you submit the transfer online. You may not delete or modify an instant transfer once you have completed the transfer online. You may reverse the transaction by transferring the funds back to the account from which it was moved. Scheduled, future-dated or recurring transfers may be modified or deleted by editing the transfer or using Delete on the Transfer List page on the account level page. For assistance in modifying or deleting a transfer, please call 307-362-4802.
Account-to-Account Transfers (A2A)
See Appendix A for Account-to-Account Transfer Terms of Service
If your account has insufficient funds to perform any electronic fund transfers (EFT) you have requested for a given business day, then:
- Electronic funds transfers involving cash disbursements, such as ATM withdrawals, will have priority;
- Electronic fund transfers initiated through PEBS, which would result in an overdraft of your account, may, at our discretion, be cancelled;
- In the event the fund transfers initiated through PEBS, which would result in an overdraft of your Account, are not cancelled, overdraft or return item fees may be assessed pursuant to the terms of the Account Agreement for that Account.
We may seek the return of any payment order and may reverse any other transfer, at any time, if doing so may reduce losses or damages we may sustain.
The number of transfers from RSNB Bank Accounts and the amounts which you may transfer are limited by the terms of the applicable Account Agreements. If a hold has been placed on deposits made to your Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
Disclosure of Account Information & Transfers
- As necessary to complete a transaction requested by you;
- To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
- To comply with a government agency or court order; and
- In accordance with your express written permission.
By using PEBS, you agree to the disclosure of such information.
Errors or Questions About Your Electronic Transfer
(Consumer /Personal Accounts Only)
In case of errors or questions about your electronic transfers, call us at 307-362-8801 or write us at RSNB Bank, PO Box 880, Rock Springs, WY 82902 as soon as you can, if you think your statement is wrong 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.
When you contact us:
- 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 the nature of the problem or error.
- 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 ten (10) business days. If the error relates to a payment made via the bill-pay service, please call 888-822-4609.
We will determine whether an error occurred within ten (10) business days (five (5) business days for Visa Debit Card point-of-sale transactions processed by Visa and twenty (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 forty-five (45) days (ninety (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 ten (10) business days (five (5) business days for Visa Debit Card point-of-sale transactions and twenty (20) business days if the transfer involved a new account) for the amount you believe is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten (10) business days, we may not credit your account. Your account is considered a new account for the first thirty (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 three (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.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your account on time 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 your losses or damages. However, there are some exceptions. We will
NOT be liable, for instance:
- If through no fault of ours, you do not have enough money in your account to make a transfer;
- If a legal order directs us to prohibit withdrawals from the account;
- If your account is closed, or if it has been frozen;
- If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts;
- If you, or anyone authorized by you, commits any fraud or violates any law or regulation;
- If any electronic terminal, telecommunication device, or any part of the electronic fund transfer system is not working properly and you knew about the problem when you started the transfer;
- If you have not properly followed the on-screen instructions for using PEBS;
- If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your account without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your account. If you tell us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, your liability is no more than $50 if someone used your password without permission.
If you do not contact us within two (2) business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access accounts without your permission if you had told us, you could be liable for as much as $500.
Also, if your statement shows transfers that you did not authorize, you must contact us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may not get back any money you lost through transactions made after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we may extend the time periods.
We report your PEBS transactions on the periodic statement(s) for your Accounts. A description of each transaction, including whom you paid, and the date and amount of the transaction, will appear on your statement. You will receive a statement monthly unless there are no transactions in a particular month. In any case, you will receive a statement at least quarterly.
Download capabilities for eligible Accounts allow you to download certain information from your Accounts into a file format that you can import into a spreadsheet or other program, or financial management software such as Quicken®, QuickBooks®, or Microsoft® Excel on your computer. You are responsible for obtaining a valid and separate license agreement with the provider of the financial management software. The following is a brief description of the various features of and requirements for using the download capabilities. From time to time, we may add to, modify, or delete any feature of the download capabilities at our sole discretion.
You agree and understand that:
- You are solely responsible at your expense for acquiring and maintaining a computer or other electronic device that has capabilities of handling and accessing the download capabilities (including the necessary communications equipment and connections);
- You are responsible for all costs associated with accessing the download capabilities and your eligible Accounts;
- Any Account information that you download is done at your own risk. You are solely responsible for any damage that might occur to the computer (or other electronic device) to which you download or its storage in a computer or other electronic device.
Downloaded Account Information, Security of Data Transmission and Storage
If you choose to download information from PEBS, you understand and agree that:
- Not all information in your Accounts can be downloaded into your financial management software;
- Information you can download may not include all of your Account activity;
- Your Account statement, generated by us, is the official record of Account transactions, positions and balances, and that the information you download is for tracking purposes only and should not be considered an official record;
- The Account information will not necessarily reflect banking or financial activities and transactions that have not yet been completed or settled and will only reflect the Account information in your Accounts at the time you download the information (for example, deposits, checks or transfers in process may not be reflected in your balance);
- Account information may reflect transactions as of a prior time period and may not be current at the time you download such information;
- Account information that you have downloaded to your financial management software will not be automatically updated by us, and you will have to update Account information by downloading more current information;
- We are not liable for any loss, damage or expenses of any kind as a result of your reliance upon the Account information in your financial management software, which, for example, as stated above, may not be the most updated information and may not include pending transactions;
- When you download Account information out of our secure computer environment, we are no longer responsible for the security and confidentiality of that information. You assume any and all risks associated with the downloaded Account information, including the risk that Account information you download may become accessible by unauthorized third parties;
- If you send the information in a manner that is not secure, the Account information may be viewed or shared by others and the responsibility is now yours;
- We are not responsible for the security and confidentiality of Account information if you: (1) connect the computer you use to download or store Account information onto a network or broadband Internet connection without employing firewall, antivirus and spyware protection; or (2) allow other persons access to your financial management software.
We are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power, Internet service or telephone service; (b) disconnection of your telephone service by your telephone company or from deficiencies in your line quality; (c) any defect or malfunction of your computer, modem, telephone service or mobile phone; or (d) PEBS. We are not responsible for any products or services relating to your computer or mobile phone, other than those specified herein. We also are not responsible for any damage to your computer, software, modem, telephone or other property resulting from the use of PEBS, including any damage resulting from a virus, malware, or other items of a malicious or destructive nature.
You agree to pay the fees and charges for your use of the PEBS as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the account designated as the “Primary Account” on your Enrollment Form. If you close your Primary Account, you must contact us immediately to designate another account as your Primary Account. You agree to pay any additional reasonable charges for any services you request which are not covered by this Agreement. You are also responsible for any service fees incurred by you in connection with your use of PEBS. We will notify you of any changes in fees as required by law.
Disclaimer of Warranty & Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with PEBS provided to you under this Agreement. We do not and cannot warrant that PEBS will operate without errors. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products under this Agreement, or by reason of your use of or access to PEBS, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort, or based on a warranty. Further, in no event shall any liability of RSNB Bank exceed the amount paid by you for the services provided to you through PEBS.
The Bank makes no warranty that:
- The service will be uninterrupted, timely, secure or error free;
- The service will meet your requirements;
- The results that may be obtained from the use of the service will be accurate or reliable;
- The quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; or
- Any errors in the software will be corrected.
RSNB Bank shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- The use or the inability to use the service;
- Unauthorized access to your transmission;
- Unauthorized alteration of your data;
- Statements or conduct of the third party service provider; or
- Any other matter relating to the service.
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the RSNB Bank's website or by email. You agree to notify us immediately of any change in your email address.
This Agreement is also subject to applicable Federal laws and the laws of the State of Wyoming (except to the extent this Agreement can and does vary from those rules or laws). If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in effect. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or later default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and RSNB Bank, its successors and assigns. Certain obligations of the parties that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
Your Right to Terminate
You may cancel your PEBS at any time by providing us with written notice by US Mail or fax. Your access to PEBS will be suspended within three (3) business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
RSNB Bank reserves the right to terminate this Agreement and your access to PEBS in whole or in part, for any of the following reasons:
- Without prior notice, if you have insufficient funds in any one of your Accounts. PEBS may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits; or
- Upon reasonable notice for any other reason, in our sole discretion.
Termination will not affect your liability or obligations for transfers we have processed on your behalf.
Communications Between RSNB Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
a. Email -You can contact us by email via our website at www.rsnb.com
b. Telephone - You can contact us by telephone at (307) 362-4802
c. FAX - You can contact us by fax at (307) 362-9432 or (307) 362-0728
d. US Mail - You can write to us at:
Personal Online Banking Services
PO Box 880
Rock Springs, WY 82902-0880
e. In Person – You may visit us in person at any one of our locations:
Main Office - 200 Second St., Rock Springs, WY
West Branch - 1987 Dewar Dr., Rock Springs, WY
By using PEBS you assert that you have read and agree to all the terms and conditions set forth in the above Agreement and Appendix A.
Account to Account Transfer Terms of Service
- Introduction. This Account to Account Transfer Terms of Service document (hereinafter "Agreement") is a contract between you and RSNB 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.
- 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.
- "Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
- "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- "Affiliates" are companies related by common ownership or control.
- "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
- "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.
- "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.
- "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
- "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.
- "Transfer Instruction" is a specific information provided for a transfer to be made that you provide to the Account to Account Transfer Service for a transfer of funds.
- 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.
- Authorization and Processing.
- 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.
- 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 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.
- 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:
- 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;
- 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;
- The transfer is refused as described in Section 10 (Refused Transfers) below;
- 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,
- 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.
- 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;
- 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.
- 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 through 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.
- 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.
- 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.
- 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 regardless of whether the Account to Account Transfer Service was used, except for fees that are specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Account to Account Transfer Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 (Failed Or Returned Transfer Instructions) applies if you do not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 22 (Failed Or Returned Transfer Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
- Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
- Returned Transfers. In using the Account to Account Transfer Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.
- Notices to Us Regarding the Account to Account Transfer Service. Except as otherwise stated below, notice to us concerning the Site or the Account to Account Transfer Service must be sent by postal mail to: PO Box 880, Rock Springs, WY 82902-0880. We may also be reached at 307-362-4802 for questions and other purposes concerning the Account to Account Transfer Service. We will act on your telephone calls as described below in Section 26 (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
- Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Account to Account Transfer Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Account to Account Transfer Service setup or customer profile. For example, users of the Account to Account Transfer Service may receive certain notices (such as notices of processed Transfer Instructions, alerts for validation and notices of receipt of transfers) via email. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We reserve the right to charge you a reasonable fee to respond to each such request. We reserve the right to terminate your use of the Account to Account Transfer Service if you withdraw your consent to receive electronic communications.
- Receipts and Transaction History. You may view your transaction history by logging into the Account to Account Transfer Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
- Eligibility. The Account to Account Transfer Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Account to Account Transfer Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Account to Account Transfer Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
- Prohibited Transfers. The following types of transfers are prohibited through the Account to Account Transfer Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:
- Transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- Transfers that violate any law, statute, ordinance or regulation; and
- Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and
- Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
- Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Transfers relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
- Transfers relating to tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited transfers. 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.
- Transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- 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.
- Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Transfer Instruction, 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. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your account. 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 accessed 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. Also, if your statement shows transfers that you did not authorize, you must contact us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may not get back any money you lost 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 extend the time period.
- 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.
- 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 us or our Service Provider. In each such case, you agree that:
- You will reimburse our Service Provider immediately upon demand the amount of the Transfer Instruction if the transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
- You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
- Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
- Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in online banking is current and accurate. This includes, but is not limited to, name, phone numbers and email addresses. Depending on the Account to Account Transfer Service, changes may be able to be made within the user interface of the Account to Account Transfer Service or by contacting customer care for the Account to Account Transfer Service as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Transfer Instructions or contact information.
- Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
- 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.
- 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.
- Errors or Questions About Your Electronic Transfer.
(Consumer /Personal Accounts Only)
- In case of errors or questions about your electronic transfers, 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.
- If you think your statement is wrong or 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 you the FIRST statement on which the problem or error appeared. When you contact us:
- 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 your complaint in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your Eligible Transaction Account within ten (10) Business Days (twenty (20) business days if the transfer involved a new account) for the amount you think is in error, so that you will have 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 ten (10) Business Days, we may not credit your Eligible Transaction Account. Your account is considered a new account for the first thirty (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 three (3) Business Days after completing our investigation. You may ask for copies of the documents that we used in our investigation.
- Intellectual Property. All marks and logos related to the Account to Account Transfer Service are either trademarks or registered trademarks of us or our licensors. 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, 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.
- 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.
- Password and Security. If you are issued or create any password or other credentials to access the Account to Account Transfer Service or 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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 established 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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