GOLD Internet Banking Agreement
Woodsville Guaranty Savings Bank Internet Banking Terms and Conditions
Effective June 2020
The GOLD Internet Banking Agreement ("Agreement") states the terms and conditions for Woodsville Guaranty Savings Bank's (the "Bank") GOLD internet banking services. In this Agreement, "you," "your," and "yours" refer to the individual(s) that hold the account. The words “Bank,” “we," "our," and "us" mean Woodsville Guaranty Savings Bank.
Acceptance of the Agreement
When you use any of the internet banking services described in this Agreement, whether you authorize others to use them or disclose login information to others, you agree to the terms and conditions of this Agreement, as it may be amended from time to time. You agree that the Bank may act on the verbal, written, or electronic instructions of any authorized signer. You agree that the Bank may act on the electronic instructions of your Username (referred to User ID within mobile banking) and Password which will be deemed an authorized use, and you agree that the use of same will have the same effect as your signature authorizing the transaction until such time that you have notified us in writing of the unauthorized use or theft of your Username and/or Password. You also acknowledge and agree that, if you permit another person(s) to use internet banking or give them your Username and Password, you are responsible for any transfers or payments the person(s) makes from your account.
To access internet banking, you must be an owner/authorized signer of at least one of the Bank’s deposit or loan accounts. Eligible new accounts that you open with the Bank, after your initial enrollment in internet banking, will be automatically accessible. When internet banking is linked to one or more accounts, we may act on the instructions of any owner/authorized signer regarding those accounts. "Instructions" mean accessing internet banking through the use of a Username and Password. Each person on a joint account will be liable for all transactions that are made on that account by all other joint account owners/authorized signers of the account. Notices sent to the address or email address (if authorized by you) of one account owner are binding on all account owners.
You may use our GOLD internet banking services to:
- Check account balances,
- Review account activity/statements and sign up for eStatements
- Transfer funds between accounts – both on us and external (enrollment in External Transfers is required)
- Make loan payments
- View check images
- Request stop payments
- Pay bills with eZ Pay (requires separate enrollment)
- Send and receive money to/from people with Popmoney®
- Activate mobile banking
- Set up eAlert notifications
Other Bank Agreements
Your use of internet banking is affected by the agreements between you and us for your deposit and other linked accounts. Therefore, the terms and conditions in this Agreement are in addition to the various disclosures provided at account opening, and any other credit agreements you have with us, as well as applicable rules and regulations. You should review those documents for any fees or other restrictions that may affect your use of internet banking.
Website Content and Links to Other Websites
Internet banking is provided through our website www.theguarantybank.com, which may include news, information, stock quotes, links to other merchants, and links to other websites that are provided as a convenience to you. By clicking on one of these links, you are leaving the website of Woodsville Guaranty Savings Bank and entering a separate and unaffiliated website. Woodsville Guaranty Savings Bank does not necessarily agree with the views expressed on separate websites, nor does the Bank attest to the accuracy of the information on separate websites. The Woodsville Guaranty Savings Bank’s Privacy and Security Policies do not apply to any separate websites.
You agree to receive this Agreement electronically. You also agree that we may respond to you with an electronic communication to any electronic communication you send to us.
Electronic Mail (email)
You may contact us via email. However, mail is an inherently unsecure method of communication. Sending a message via the ‘Secure Form’ link under the Contact Us button at www.theguarantybank.com provides a greater level of security. You are not allowed to use this form to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within internet banking.
Electronic Alerts (eAlerts)
You may setup various eAlerts on your account(s), such as a low balance in your account or an upcoming payment reminder, and receive notification via email, mobile text message or within GOLD. Account numbers within eAlert notifications are masked. Message and data rates may apply.
We rely on the contact information you provide when you set up an eAlert and we are not responsible for misdirected messages. In the event an eAlert is not received by you, we are not liable. You are still responsible for taking appropriate action on your account(s) - such as when a loan payment is due or a deficit account balance.
Account balances are available through internet banking for your linked deposit accounts. Internet banking lists your account balance as of the date indicated. Your account balance may include uncollected funds. The balance consists of funds that are readily available for withdrawal. Information about your loans is also available
You can make transfers from any linked accounts and you must be an authorized signer on each account. We reserve the right to limit the frequency and dollar amount of transactions on your accounts for security or administrative reasons. You acknowledge and agree that you are responsible for all transfers.
Liability for Failure to Stop Payment of Preauthorized Transfer
If you order us to stop payment of a preauthorized transfer three business days or more orally or through internet banking before the transfer is scheduled, and we do not do so, we will be liable for the amount of the payment that you ordered stopped, except in those instances set forth in the “Our Responsibility” section of the Agreement. Preauthorized transfers cannot be stopped or cancelled through mobile banking.
For information about external transfers, please refer to the “External Transfers Terms and Conditions” section at the end of this Agreement.
Your ability to transfer funds to another account or to third parties from savings and money market accounts is limited by federal regulations. You are limited to six preauthorized, automatic, telephone, or computer transfers or by check/draft (money market accounts only), debit card or similar order to third parties per calendar month or statement cycle. Each transfer through internet banking from your money market or savings account is counted as one of the six transfers permitted each month/cycle. Should excessive transfers occur on your money market or savings account, we may convert your account to a different product type, close your account or stop electronic access to the account.
Internet Banking Password
One of your WGSB account numbers must be used as part of the initial enrollment process. You will then be asked to select a Username during the process. Your Username should contain only letters and numbers and it is case sensitive. You will also be asked to select a new Password, which should be unique from all other passwords used. Your Password must be between 10 and 16 characters in length and contain at least 1 uppercase alphabetic character, 1 lowercase alphabetic character, 1 numeric character and 1 special character (for example !,@,#,$,%,^,&,*,(),_,+, or ?). All characters are case sensitive. For example, if your Password is "4Banking@" and you type "4banking@", it will not work. You must type a capital "B." It is important to keep your Username and Password confidential in order to prevent unauthorized transactions on your bank accounts. You are responsible for keeping your Username and Password confidential at all times. The Online Banking system will automatically prompt you to change your Password at least once every 12 months. It is strongly recommended that you change your password regularly.
Your Username and Password are exclusively for your use. You agree to take reasonable precautions to safeguard your Username and Password. You acknowledge and agree that we have employed commercially reasonable security measures to protect the integrity of the data you transmit to us via internet banking and to protect against unauthorized access to your accounts. You agree that any interception of data that occurs, notwithstanding these security measures, is beyond our control and we are not responsible for such interception. You also agree that if we abide by the security procedures applicable to your accounts, you are liable for any losses that occur. Your Username and Password are your signature authorization for the initial and any ongoing transactions. Each time you enter your Username and Password, you are authorizing us to process your requested transaction.
If you forget your Password, you may use the “Forgot Password” link on our GOLD or mobile banking login page or you may call us at (603) 747-2735 or 1-800-564-2735 in order to have your password reset. Generally, you should change your password frequently to help safeguard the security of access to your accounts. You may change your password in the Profile section of the internet banking service. Once you have changed your password, you will get a confirming email notifying you that it has been changed. If you receive an email and you did not change your password, please contact the Bank immediately. Our employees will never contact you via e-mail or by telephone requesting your internet banking password. If you are contacted by anyone requesting this information, do not provide it and contact us immediately at (603) 747-2735 or 1-800-564-2735.
For your security, the locked padlock image in the website address bar indicates that you are on a secure page. If the padlock appears unlocked, or does not appear, DO NOT ENTER YOUR PASSWORD and contact customer support for assistance during regular business hours (Monday-Friday 8am-5pm) at 800-564-2735.
A session is completed when you click on the “Log Off” button, close your browser, or move to a web site outside the secure socket layer established by the Bank. The session may also be terminated if there is no activity within a set amount of time. In the event of a communications error, the session is terminated automatically. If you have not completed your transaction before the session is terminated, you must begin the transaction again.
GOLD internet banking is generally available twenty four (24) hours a day and seven (7) days a week. There are certain times when the system becomes unavailable due to emergency or scheduled system maintenance. We are not responsible for the unavailability of the internet banking system or any indirect or consequential damages that may result from its unavailability. Internal transactions initiated prior to 5:00 PM (Eastern Time) on a Business Day are posted to your account that day. All transactions completed after 5:00 PM on a Business Day or on a Saturday, Sunday or Bank holiday will be posted on the next Business day. Our Business Days are Monday through Friday. Weekends and Holidays are not included.
Internet Banking Services Monthly Charges
GOLD Internet Banking…..Free*
*Fees are subject to change with notification as required by law.
Authorization to Charge Accounts
Our internet banking fees and charges are in addition to the fees and charges that apply to your accounts with us as described in account disclosures and any other credit agreements you have with us. In addition, fees may be assessed for performing additional services through internet banking, such as processing stop payment requests, depositing checks via mobile banking and transactions that result in non-sufficient funds. Consult the account information disclosures and any other credit agreements you have with us for details. Finally, you should note that depending upon how you access your internet banking, you may incur Internet Service Provider fees and telephone charges. Message and data rates may apply.
Bill Payment and Personal Payment Services
The Bank subscribes to a third party service for Bill Payment from CheckFree® RXP®, a division of Fiserv, Inc. Customers wishing to utilize this service must enroll and agree to the Terms and Conditions of CheckFree RXP. There is no guarantee of approval for bill payment utilization from CheckFree. If approved, the Bank performs internal changes to allow you direct access to the service. You will then deal directly with CheckFree RXP on all inquiries, errors and disputes. The bank refers to this service as eZ Pay.
Another service available through this third party is the ability to make Personal Payments. You can send money to, or receive money from, other people. The same Terms and Conditions mentioned above also apply to this service – the service is called Popmoney®.
Mobile Banking Services
Mobile banking is a supplemental and optional service within GOLD internet banking. By participating in the mobile banking service, you agree to any additional terms and conditions set forth in the Bank instructions for setting up this service. After you have registered your mobile device with us, you will be able to access your accounts at the Bank and perform some of the internet banking services using your mobile device. If you do not have a mobile data plan you will only be able to utilize SMS Text Messaging. If you do have a mobile data plan, you will be able to utilize the service for Text Messaging, Browser access and Customized App downloaded from the app store for your mobile device (search for ‘WGSB’). In order to utilize the Customized App, you must have a certified mobile device. A list of Certified Devices is available for review at www.theguarantybank.com. Message and data rates may apply.
Mobile banking may not be accessible or may have limited utility over some network carriers. We are not liable or responsible for the availability of these services provided by your mobile carrier, including out-of-range issues. Your mobile and wireless service provider may charge for sending and receiving texts and assess other fees and charges for data services, all of which you are solely responsible to pay. We are not responsible for any viruses, malware or other problems that may be associated with your computer or mobile device. Mobile Banking services require that you are enrolled in GOLD internet banking. Your complete account numbers will never be transmitted to you via your mobile device. Message and data rates may apply.
You may access the Mobile banking services with your device at any time through (i) the designated URL or (ii) using the downloadable mobile application supported by your device, by using the same Username and Password you would use to access GOLD internet banking through your computer.
You may use your mobile device to:
- Check account balances,
- Review account activity
- Transfer funds between accounts – both on us and external (enrollment in External Transfer is required-not available for SMS)
- Make loan payments
- View check images
- Pay bills with eZ Pay (not available for SMS)
- Send and receive money to/from other people via Popmoney® (not available for SMS)
- Deposit checks (enrollment in Mobile Deposit is required – not available for SMS)
- Find WGSB ATM and branch locations
- Block, unblock and protect your debit card with Card Valet
Equipment and Access Requirements
In order for internet banking to work properly, you must have the necessary hardware and software to conduct internet banking; it must be capable of receiving, accessing, displaying and, for those who have agreed to receive eStatements, either printing or storing eStatements (as described in the eStatements FAQ area under “System Requirements” located at www.theguarantybank.com. You must also be able to run a pdf reader, such as Adobe Acrobat Reader, in order to view your statement). You may download a free copy of Adobe Acrobat at www.adobe.com. Acrobat® and Reader® are registered trademarks of Adobe Systems, Incorporated.
You are also responsible for maintaining your own connection to the Internet. Furthermore, if you receive eStatements, we recommend that you also have a printer connected to the computer from which you are accessing your internet banking account so that you may print and save your eStatements.
You understand that you are responsible for installation, maintenance and operation of your computer and its software. The Bank is not responsible for any errors or failures of your computer or its software and you are responsible for any costs associated with this software or internet connection. It is your responsibility to safeguard your computer from viruses, malware, phishing, and spam which could potentially cause harm to your computer and the security of any and all data resident on your computer.
Documentation and Verification of Payments and Transfers
Confirmation Numbers - Upon completion of a transaction using internet banking, you will receive a Confirmation Number. You should record this number, along with the scheduled date and transaction amount, in your checkbook register (or other permanent record) because this will help in resolving any problems that may occur. No printed receipts are issued through internet banking.
Periodic Statements - Information concerning internet banking transactions will be shown on your periodic statement for the account(s) to and from which transfers or payments are made.
The Bank recognizes that our customers and others visiting our internet website have an expectation of privacy in their dealings with us. For these reasons, the Bank takes its responsibilities for the protection of the security and privacy of customer information seriously. Our privacy policies are described in the Bank's Privacy Notice available at any branch or on our website. Please consult the Bank’s Privacy Notice for more details.
Regulation E and Electronic Funds Transfer (EFT) Disclosures
For consumer accounts only, the EFT information contained within this Agreement is intended to supplement our Electronic Fund Transfers disclosure as previously provided to you in printed form. If EFT information in this Agreement and the EFT disclosure conflict then the EFT disclosure shall prevail.
Errors or Questions: Consumer Responsibility
You are responsible for all transfers that you authorize using internet banking. If you permit other persons to use internet banking with your password, you are responsible for any transactions they authorize from your accounts whether or not you intended that they perform these transactions. Transactions that you initiate with fraudulent intent, or someone acting with you initiates, will also be authorized transactions.
Notify us AT ONCE if you believe:
- there is an error on your statement, or
- your internet banking password has been lost or stolen, or
- someone has transferred or may transfer money from your account without your permission, or
- if you have a question about an internet banking transaction or
- your mobile device has been stolen, lost or used without your permission.
Failure to notify the Bank could cause you to lose all the money in your account.
If you notify us within two (2) business days, you can lose no more than $50 if your internet banking password is used without your permission. If you notify us more than two (2) business days after you learn of the loss or theft of your GOLD internet banking Password, and the Bank can prove it could have stopped someone from using your internet banking password without your permission if you had told the Bank, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, notify the Bank at once. If you do not notify us within sixty (60) days after the statement was mailed 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 if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from notifying us, the Bank will extend the time periods.
We are responsible for completing transfers on time according to your properly entered and transmitted instructions. However, we will not be responsible:
- if you negligently or intentionally share your Username and Password, or you do not report immediately any known theft of your Username and/or Password, leading to unauthorized access to accounts,
- if you leave your computer unattended in the middle of a banking session and that results in unauthorized access to your account(s),
- if you do not log-off after completing your banking session before visiting other internet sites,
- if you have not properly followed the on-screen instructions for the transaction
- if, through no fault of ours, you do not have enough money in your account to make a transfer
- if you have an overdraft line and a transfer would cause the balance to go over the credit limit
- if any electronic terminal or system was not working properly and you knew about the problem when you started the transfer
- if withdrawals from any of your internet banking linked accounts have been prohibited by a court order such as a garnishment or other legal process,
- if circumstances beyond our control (such as strikes, fire, or flood) prevent the transaction or transfer despite reasonable precautions we have taken,
Error Resolution - For Consumer Accounts Only:
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below as soon as you can, if you think your statement is incorrect or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. When you report the error:
- Tell us your name and account number,
- 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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days 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.
We will tell you the results within three 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.
If we credit your account with funds while investigating an error, you must repay those funds to us if we conclude no error has occurred.
Woodsville Guaranty Savings Bank
Attn: Internet Banking
63 Central Street
Woodsville, New Hampshire 03785
Phone: (603) 747-2735
This Agreement remains in effect until either you or we terminate it. You may terminate this Agreement by notifying us of your intention to cancel internet banking by calling (603) 747-2735 or 1-800-564-2735, or by mail at the address above. We may terminate this Agreement and your participation in internet banking at any time, for any reason, including non-usage or inactivity. Although we will try to notify you in advance of our termination, we are not obligated to do so. If you terminate this Agreement, you authorize us to continue making transfers you have previously authorized up to two (2) business days after our receipt of your cancellation request.
Once we have acted upon your termination notice, we will make no further transfers from your accounts, including any transfers you have previously authorized. If you choose to terminate this Agreement and want to ensure that any outstanding authorized transfers are not made, you should cancel all scheduled transfers prior to notifying us that you are discontinuing this service. Please note that your cancellation of internet banking under this Agreement does not close your bank accounts.
This Agreement shall be interpreted and governed in accordance with Federal Law, and to the extent not preempted by Federal Law, with the laws of the State of New Hampshire, without regard to its choice of law provisions.
Change in Terms
The Bank may, from time to time, introduce new internet financial services or otherwise amend the terms of this Agreement. For consumer accounts only, we will mail or deliver a written notice to you at least 21 days before the effective date of any change in a term or condition disclosed in this Agreement, if the change would result in increased fees or charges, increased liability, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is not required by law. Your continued use of GOLD internet banking serves as your acceptance to any change in terms.
This Agreement may be amended by us from time to time and, along with the account agreements, disclosures, enrollment/set up terms and conditions and other documents referenced herein, whose terms are hereby incorporated into this Agreement by reference (collectively, “Documents”), and is the entire agreement between you and us with respect to internet banking (including mobile banking) and supersedes any and all prior communications and prior agreements between you and us with respect to internet banking.
Woodsville Guaranty Savings Bank Account to Account Transfer Terms of Service
This Account to Account Transfer Terms of Service document (hereinafter "Agreement") is a contract between you and Woodsville Guaranty Savings 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
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.
- 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 though the Account to Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you.
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.
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.
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: 63 Central Street, Woodsville, NH 03785. We may also be reached at 1-800-564-2735 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) as text messages on their mobile phones. 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 not to exceed twenty dollars ($20.00) 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.
Text Messages, Calls and/or Emails to You
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.
Your Privacy; Privacy of Others
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.
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.
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 Transfer
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. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Account to Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
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 your user profile is current and accurate. This includes, but is not limited to, name, physical address, 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, Questions, and Complaints
- In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.
- If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
- Tell us your name;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- 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 after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.