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A. OUR LIABILITY. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your Eligible Accounts and Online Financial Services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. Under no circumstances will we have any liability to you for failing to provide you access to your Eligible Accounts or Online Financial Services through the Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Online Financial Services as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Online Financial Services.
IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
We will not be obligated to honor, in whole or in part, any transaction or instruction which:
· is not in accordance with any term or condition applicable to the relevant Online Financial Service or Eligible Account;
· we have reason to believe may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to a hold, dispute, restriction or legal process we believe prevents their withdrawal;
· would result in us exceeding any limitation of our intra-day net funds position established pursuant to present or future Federal Reserve guidelines;
· would violate any applicable provision of any risk control program of the Federal Reserve or any applicable rule or regulation of any other federal or state regulatory authority;
· is not in accordance with any other requirement of our applicable policies, procedures or practices; or
· we have reasonable cause not to honor for our or your protection.
You are responsible for the installation, maintenance, operation, and any required upgrades to your computer and the software. We are not responsible for any errors or failures from any malfunction of your computer or the software, nor are we responsible for any computer virus, communications errors, or related problems that may be associated with the use of TBO.
Below are additions to the Bank's disclosure and agreement for the terms, conditions, liabilities, rights and responsibilities for the use of Personal Financial Management (PFM) or other third party software to access information from True Blue Online. Capitol Federal currently is certified with Intuit's Quicken software for PC (Windows). Customers utilizing PFM software to download transactions, setup bills for payment through the True Blue Bill Payment function, and transfer funds between checking and savings accounts may do so now, using PFM software installed on their home computer. The same True Blue Online features that you have used on the website, including Bill Payment, will continue to be available and do not require the use of PFM software. However, customers not currently using Bill Payment, must use the True Blue Online website to enroll in the Bill Payment function to pay bills through the PFM software.
In no event will the Bank have liability for any consequential, special, punitive, or indirect loss or damage whether or not any claim for such damages is based on tort or contract or the Bank knew or the Bank should have known the likelihood of such damages in any circumstances, regarding the customers use of PFM software. The Bank will provide transactions and process transactions authorized by your PIN, but will not be liable for the use, distribution or storage of these transactions within your PFM software. The Bank will only assist with inquiries about transactions that have posted to your account at the Bank. The Bank does not provide support for the use of PFM software. All PFM software inquires will be handled by customers contacting the appropriate PFM software support line or website. In no event will the Bank have liability for the use of, or actions taken by our customers using PFM software or other arrangements made between the customer and the PFM software vendor. Please be aware that there are significant differences between versions of PFM software and there could be issues regarding the synchronization of files between the PFM software and True Blue Online. Issues and questions regarding versions of the PFM software should be directed to the PFM software provider.
The Bank will not have the obligation to honor, in whole or in part, any transaction or instruction which is not in accordance with any terms or conditions applicable to the TBO Terms and Conditions agreement and this addendum.
The Bank reserves the right at any time to modify the features or cancel its agreement with PFM software vendors without prior notice to the customer. This could result in the service being temporarily or permanently disabled, modified, or enhanced with additional features. In the event of any action which the Bank, in its sole judgment, determines would be considered to have negative consequential effects on the customer, the Bank will post notice on its website for a period of 30 days prior to executing such action, provided that such notice period may be offered without impairment of the service.
B. INDEMNIFICATION. Except to the extent that we are liable under the terms of this Agreement or an agreement that otherwise governs your Eligible Account, if you are an owner of an Eligible Account, you agree to indemnify and hold us, our directors, officers, employees and agents harmless from all loss, liability, claims, demands, judgments and expenses arising out of or in any way connected with an Eligible Account or the performance of an Online Financial Service. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Service by you or your authorized representative.
C. THIRD PARTIES. Except as specifically provided in this Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an Internet access provider, by an Account Aggregator (sometimes known as "screen scrapers," referring to the technique utilized to obtain the data), by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to Online Financial Services through the Service.
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