CHART BANK
ONLINE BANKING SERVICES AGREEMENT
Use of this website (www.mychartbank.com) is expressly conditioned on your acceptance of the following terms and conditions set forth in this Online Banking Services Agreement. Your use of any of the Services (as hereinafter defined) will constitute your agreement to the provisions of this Agreement and to the provisions of any instructional material which we provide you regarding the Services. The provisions of this Agreement will govern the rights of you and Chart Bank with respect to the Services whether the Services were/are rendered before or after your acceptance of this Agreement. This Agreement is in addition to other agreements between you and the Bank, including but not limited to, your signature card, the Deposit Account Agreement, the Electronic Fund Transfer Initial Disclosure, the Regulation CC Initial Disclosure, the Schedule of Fees, your overdraft protection agreements, any linked account agreements and loan agreements with the Bank, as amended and revised. If the terms and conditions of this Agreement conflict with those contained in the other agreements between us, this Agreement controls; provided that the provisions of this paragraph are not intended to modify any prior or subsequent disclosures given by the Bank relating to electronic fund transfers.
If you do not agree with any part of the terms and conditions in this Agreement, you must not use this site or any of the Services. Use by you or by any person authorized by you of this site or any of the Services indicates your agreement to the terms and conditions of this Agreement and any instructional material that we provide you regarding the Services.
This Agreement shall apply regardless of the means by which the site is accessed, including, but not limited to, the URL address
http://www.mychartbank.com, electronic mail, or links from another site.
This site may contain links to other websites on the internet. All websites, which may be accessed through this site, are independent and are not maintained by Chart Bank. Chart Bank has no control over the contents of these linked sites. Chart Bank has not reviewed all of the sites linked to this site and is not responsible for the contents of any sites linked to this site. Your linking to any other sites is at your own risk.
1. Definitions. Throughout this Agreement, the words we, us, our or Chart Bank mean Chart Bank and its successors or assigns. You or your mean each person or entity who has an interest in or authority to transact business in an account or other relationship that is accessible through any of the Services. Any loan account(s), deposit account(s) and other account(s) used through any of the Services to conduct banking transactions or bill payments will be collectively referred to as accounts and individually referred to as an account. The agreements governing and relating to each account shall be referred to as the account agreement. Bill Pay shall mean Chart Bank’s Bill Pay Services available through this site. Authorized Person means, with respect to an individual account, each person who has an interest in or authority to transact business in such account and, with respect to an entity account, each person listed as an authorized signor on the signature card for such account or otherwise authorized to conduct any Services with respect to such account. Personal Account means any asset account established by a natural person primarily for personal, family, or household purposes. Chart Bank’s Online Banking Services Agreement means information, communication(s), transactions and method(s) of conducting transaction(s) provided to you by us through a non-banking office remote channel, including the Chart Bank web site, http://www.mychartbank.com, including, without limitation, the following: account information, funds transfers and bill payments, stop payments, check inquiry, check reorder, statement and/or copy requests and a listing of transactions for the account.
2. Equipment and Software for Services. Use of the Services requires a computer and modem (in this Agreement, your computer and all related equipment are referred to as your Computer) connected through an internet service provider with a Web browser (Netscape Navigator/Communicator version 5.0 or higher, Microsoft Internet Explorer version 5.0 or higher).
To provide the highest degree of confidentiality and security, we strongly recommend the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized persons to read information. Many browser suppliers (Netscape Navigator/Communicator, Microsoft Internet Explorer, and Mozilla.org) offer special 128-bit encryption versions available for download from their respective websites. We strongly suggest that you protect your financial information by using the most secure encryption possible.
3. E-Mail Communications. E-mail is not a secure method of communication over the internet and we recommend you do not send confidential information by general email. We will not be liable to you for any losses or damages incurred as a result of the interception or unauthorized use by any third party of any information transmitted by you via e-mail or as a result of your use of e-mail for the transmission of, or our failure to respond to e-mail that includes, information that we have required you submit through another express means or medium.
You cannot use e-mail to initiate transactions to your account(s), change address information, or request certain services. Rather, e-mail is only for general inquiries and notifications. To initiate transactions to your account(s), change address information, or request certain services, please use the appropriate functions available through the Services, or call (501) 889-2318.
4. Access and Security. Use of the Services requires at least one eligible deposit account. If you have more than one account relationship with us (and one or more of them is a checking account), we will link your account relationships together with your primary checking account, unless you request in writing that certain accounts not be linked. Accounts that are linked under the Services will have one or more common Authorized Persons. Any Authorized Person, acting alone, will have authority to access to any linked account(s). Any non-linked account(s) will not be accessible through the Services. An account that requires two or more signatures to make withdrawals, transfers or transactions is not an eligible account for the Services.
We take commercially reasonable measures to protect the security of information electronically transmitted to us through this site. You will need a User Identifier (User ID) and a Password. You choose both the User ID and Password, subject to certain requirements listed on the enrollment form. The User ID uniquely identifies your transactions to Bank when you log in. Your User ID and Password should both remain confidential. Unless you request in writing to the contrary, any Authorized Person will have access to any of your deposit or loan accounts with us associated with your User ID and Password.
All electronic communications that meet these identity requirements (User ID and Password) will be deemed to be valid and authentic and you agree that these electronic communications will be given the same legal effect as written paper communications signed by you. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.
You agree to keep your User ID and Password confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize these access codes and do not write them down. You agree not to give or make available your access codes to any unauthorized individual.
You agree that obtaining Services for any account through the use of these identity requirements (User ID and Password) is a reasonable method of providing security against unauthorized funds transfer requests for the type of funds transfer activity contemplated by you. Nevertheless, the Bank offers additional security procedures should you desire additional protection against unauthorized access and transfers. These security procedures include, without limitation, periodic use of call back procedures to verify payment orders, use of acknowledgments that are transmitted over a different route than the incoming message and that summarize the incoming message followed by a verification of the acknowledgment and use of dollar limits on funds transfers. Please contact the Bank in writing to establish any additional security procedures. Additional charges may be assessed due to the additional security procedures.
To the maximum extent permitted by law, you jointly and severally agree to protect, defend and indemnify the Bank and hold the Bank harmless from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind arising out of or any way connected with any claims and/or demands by a third party alleging that your payment order contravenes or compromises the rights, title, or interest of any third party, or contravenes any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force or effect of law, unless such claim or demand arises out of the Bank's failure to act in good faith or failure to act in accordance with your written instructions given pursuant to this Agreement.
Except to the extent that any claim described in this paragraph arises out of an electronic fund transfer from a Personal Account, to the maximum extent permitted by law, you jointly and severally agree to hold harmless Chart Bank and protect, defend and indemnify Chart Bank from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind arising out of or in any way connected with any Services rendered by Chart Bank pursuant to or in accordance with any and all electronic communications that meet the identity requirements set forth above.
To the extent that a transaction is an electronic fund transfer from a Personal Account, the following rules apply: You can lose no more than $50 if you notify us within two business days of discovering any unauthorized use of the Services or your access codes. However, you can lose as much as $500 if you do not notify us within two business days of discovering the unauthorized use and we can provide that we could have stopped the unauthorized use had we been notified. If you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use had we been notified within this 60 day period. If good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
If you believe the security of your access codes has been compromised in any way (for example, your User ID or Password has been lost or stolen, someone has attempted to use the Services without your consent, or your account/(s) has/have been accessed or someone has transferred money without your permission), you should notify us immediately. (See REPORTING UNAUTHORIZED TRANSACTIONS, in paragraph 11 below.)
We reserve the right, under certain circumstances, to cease providing the Services, in order to maintain or restore security to our site and systems. We may do so if we reasonably believe your access codes (User ID and Password) have been or may be obtained or are being used or may be used by an unauthorized person(s).
If you close your primary checking account, your Bill Pay services will end and any unprocessed bill payment transactions will (subject to normal processing delays) be cancelled.
5. Available Services. You may use the Services seven days per week, twenty-four hours per day to: transfer funds between your accounts; make bill payments (if you enroll in the Bill Pay program); obtain account balances; obtain transaction information on your accounts, and; access other services made available.
These features are limited to the extent, and subject to the following terms:
a. Your ability to transfer funds from certain accounts is limited by federal law. You should refer to your disclosures and account agreements for these legal restrictions and the service charges and penalty for excessive withdrawals or transfers. Transfers made using the Services are included in calculating the permissible number of transfers from certain accounts described in any savings disclosures relating to said accounts.
b. At least a one business-day delay may occur in completing transfers between your accounts. Our business days are Monday through Friday, except for banking holidays. Except as provided in this Agreement, all banking transaction instructions received between the hours of 12 a.m. (midnight) and 5 p.m. Central Time, on a business day, will be posted to your account on the same business day. Transactions received between 5 p.m. and 12 a.m. Central Time (midnight), on a business day, will be posted on the next business day. Funds transfer requests received between 5 p.m. on a Friday and 12 p.m. Central Time (noon), on a Saturday, will be posted by 12 p.m. on Saturday. Other requests received between 5 p.m. on a Friday and 12 a.m. (midnight) on a Monday, will be posted on the following business-day, which is normally Monday, unless there is a banking holiday. Contact the Customer Service Center at 800-555-1212 for a list of our banking holidays.
c. Bill Pay payments from your account(s) are limited to $9,999.99 per payment. We reserve the right to impose a frequency limit or other dollar limits or to refuse to make any payment you have requested. We are obligated to notify you promptly if we decide to refuse to complete your payment instructions. Notification is not required if you attempt to make payments that are prohibited under this Agreement. Information concerning transactions performed through the Services will normally be available at least 45 days from the date of inquiry.
d. The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security reasons.
6. Bill Pay Function. If you choose to enroll in the Bill Pay Service, you may use Bill Pay to initiate payments electronically from any eligible checking account designated as a Bill Pay banking account. After the Bank, either directly or through its authorized service provider, receives your request to pay a bill using Bill Pay, your payment will be made either by transferring funds electronically to the payee, or by preparing a check payable to the payee and sending the check to the payee. The payee is the person or business you are paying. Using Bill Pay, you can pay only payees with a United States address. While payments to most payees can be made using Bill Pay, the Bank reserves the right to refuse to honor payment requests for certain payees as provided in this agreement or any account agreement or allowed by applicable law, including without limitation, payments to payees for obligations such as alimony, child support, tax and other court directed or government payments, fines or penalties. The Bank is not responsible for the refusal by any payee to accept payment made using Bill Pay.
7. Scheduling Bill Pay Payments. When using Bill Pay, you must enter and transmit your payment requests at least ten (10) Business Days before a bill is due. It is your responsibility to authorize your bill payments in such a manner that your bills may be paid on time. You are responsible for any late payment charge, finance charge, penalty or default that may result from your failure to transmit payment requests at least ten (10) Business Days before payment is due.
When you have entered and transmitted a payment instruction, you authorize us or our agent to reduce the balance in your checking account accordingly. The reduction in your account will be effective
ten (10) days prior to the due date designated for each payment, unless the Bank determines less time is necessary (in its sole discretion). If there are insufficient funds in your checking account to make payments you have authorized, we may either refuse to pay the item or we make the payment and thereby overdraw your checking account. In either event, you are responsible for any non-sufficient funds (NSF) and overdraft charges the Bank may impose, as stated in your applicable account agreement.
8. Using Bill Pay Service.
a. You must provide sufficient information about each payee, as we may request from time to time, to properly direct a payment to that payee and to permit the payee to identify the correct account to credit with your payment. You must allow ten (10) business days after your additions, deletions and changes are communicated before they become effective.
9. Voiding and Stopping Bill Pay Payments
a. Voiding Bill Pay Payments. After payment requests are transmitted, you may use Bill Pay to void a payment (if, for example, a payment date or a payment amount is incorrect) by transmitting the voiding request to Bill Pay in sufficient time to allow the payment to be voided, generally, at least ten (10) Business Days before the scheduled payment date. If your request to void a payment is not accepted, the payment request will be processed according to your original payment request.
b. Stopping Payments. If you wish to stop payment on a Bill Pay payment you previously authorized and it is too late to void the payment as described in Section (a) above, you should follow the instructions in your account agreement. For information, contact the Bank at the telephone number and address listed in subsection (c) below.
c. Automatic Repeating Payments. If you wish to stop payment on an automatic repeating payment you previously authorized through Bill Pay, you should follow the procedures for voiding payments set forth in Section (a) above. If it is too late to void the next automatic repeating payment, you can stop such payment by calling the Bank at (501) 889-2318, or writing the Bank at P.O. Box 189, Perryville, AR 72126, USA, in time for the Bank to receive your request five (5) Business Days before the payment is scheduled to be made. We will charge you the stop payment fee applicable under your account agreement.
10. Fees and Charges. Your accounts remain subject to fees, charges, balance requirements, and other restrictions explained in your account agreements. We also reserve the option, in our sole business judgment, to waive, reduce or reverse charges or fees in individual situations.
You agree to promptly pay all fees and charges for services provided through the Services, and you authorize us to automatically deduct all applicable charges and fees from your primary Chart Bank checking account or, if no checking account exists, from any other account at Chart Bank. The fee schedule for the Bank's services referenced herein is set forth on the Bank's Fee Schedule.
With respect to bill payments, if you close your primary checking account, you must notify us and identify a new payment account for this Service. Additionally, if you close all your accounts with us, you agree to notify us to cancel your Services. You agree to be responsible for any telephone charges you incur in accessing your account(s) through the
Services.
11. Chart Bank's Responsibility. We, or a third party we have contracted with, are responsible for completing fund transfers from your account(s) on time according to your properly entered and transmitted instructions. However, neither the Bank nor any service provider will be liable:
a. If you do not have adequate money in your account to complete a transaction from the account, or if that account has been closed;
b. If you have not given complete, correct and current written instructions so that a transfer or bill payment can be made;
c. If you did not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due;
d. If a timely bill payment is made but the payee nevertheless does not credit your payment promptly after receipt;
e. If withdrawals from any accounts have been prohibited by a court order such as a garnishment or other legal process or by operation of law;
f. If our agent or we reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
g. If your equipment and/or software were not working properly;
h. If circumstances beyond the control of Chart Bank or any service provider prevent making a transfer or payment, despite reasonable precautions that Chart Bank has taken. Such circumstances include but are not limited to computer failure, telecommunication outages, postal strikes or other labor unrest, delays caused by payees, fires, floods, and other natural disasters; or
i. If there may be other exceptions to our liability as stated in any Reg CC Disclosure (if applicable) or other agreements.
12. Reporting Unauthorized Transactions. You will be mailed periodic statements for your account(s) with the regularity provided for in each applicable account agreement. Your role is extremely important in prevention of any wrongful use of your account. You must carefully examine your statement upon receipt.
If you believe that an unauthorized transaction has been or may be conducted from your account(s) (e.g., you believe another person has improperly obtained your online User ID, or Password; someone has transferred or may transfer money from your account without authorization; you suspect fraudulent activity on your account),
Call the Customer Service Center at (501) 889-2318 during business hours, Monday through Friday; or
Write to Chart Bank, P.O. Box 189, Perryville, AR 72126, USA, Attn: Online Banking Service Center; or
Fax us at (501) 889-5459, or
E-mail us via the secured messaging option on our site.
Contacting us right away will help you reduce possible losses. You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission.
13. In Case of Errors or Questions. In case of questions or errors about funds transfers or other activity made through the Services, please notify us as follows as soon as you can:
Call the Online Banking Service Center at (501) 889-2318 during business hours, Monday through Friday; or
Write to Chart Bank, P.O. Box 189, Perryville, AR 72126, USA, Attn: Online Banking Service Center; or
Fax us at (501) 889-5459; or
E-mail us via the secured messaging option on our site.
If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than thirty (30) days after we sent the first paper or online statement on which the problem or error appeared. To report an error you must provide us with the following information:
1. Tell us your name, social security number, and account number(s) (if any);
2. Describe the suspected 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; and
3. 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 tell you the results of our investigation 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 we need more time, we will credit your account within 10 business days 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 10 business days, we may not credit your account during the investigation.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
14. Right to Terminate or Amend This Agreement. We may amend this Agreement (including, without limitation, changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is required by law or applicable regulation or unless any immediate change is necessary to maintain the security of the system. Your continued use of the Services is your agreement(s) to the amendment(s).
We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time. Without limiting the generality of the foregoing, your Services may be canceled at any time without prior notice due to insufficient funds in one of your accounts. After cancellation, the Services may be reinstated (at Chart Bank's sole discretion) once sufficient funds are available in your account(s) to cover any fees and other pending transfers or debits. In order to reinstate the Services, you must call the Online Banking Service Center at (501) 889-2318.
Without limiting the generality of the foregoing, if you do not access your account(s) via the Services for any three-month period, we reserve the right to disconnect the service. If you wish to cancel the Services, please call (501) 889-2318 or send us cancellation instructions in writing to Online Banking Service Center, Chart Bank, P.O. Box 189, Perryville, AR 72126, USA. Any banking transaction or payments you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement for transactions initiated prior to termination or discontinuation.
15. Address Changes. You agree to promptly notify us, in writing, via US Mail or secure electronic message, of any address change.
16. Assignment. You may not assign this Agreement or your rights to the Services to any other party.
We may assign this Agreement to any now-existing or future direct or indirect subsidiary of Chart Bank Name. We may also assign or delegate any of our rights and responsibilities under this Agreement to independent contractors or other third parties.
17. Program Revisions. We may, from time to time, revise or update, or perform maintenance upon, our program, the Services, and/or related material, resulting in interrupted service or errors in the Services or rendering prior versions obsolete. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We reserve the right to terminate this Agreement as to all prior versions of our programs, the Services, and/or related material and limit access to our more recent versions and updates.
18. Disclosure of Account Information to Others. As described below, we may disclose information to third parties about your accounts if: we have entered into an agreement to have another party provide the Services, we will provide the third party with information about your linked accounts, your Services transactions, and your electronic mail messages in order to carry out your instructions necessary for completing transfers and Bill Pay Payments; it is necessary to verify the existence and condition of a payment account for a payee or holder of a check issued by use of the Bill Pay services; in order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information; and if you give us your written permission.
19. No Waiver. We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
20. Performance of Software and Electronic Service. Your use and browsing of this site is at your own risk. Neither Chart Bank nor any other party involved in creating, producing, delivering or maintaining the site is liable for any liabilities, losses or damages of any kind arising out of your access to, use of, or inability to use this site, whether caused by the equipment, software, Chart Bank, or by any internet browser provider such as Netscape or Microsoft, or by any online service provider or by an agent or independent contractor of any of the foregoing. Nor shall Chart Bank or any service provider be responsible for any liabilities, losses or damages of any kind arising in any way out of the installation, use, inability to use, or maintenance of the equipment, software, the online access service, or internet browser or access software. Without limiting the foregoing, we make no warranty, either express or implied, to you regarding your Computer, your software, or your internet service provider or its equipment, including but not limited to, any warranty of merchantability or fitness for a particular purpose.
21. Liability for Loss or Erroneous Data. Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall not be responsible to you for any liabilities, losses or damages of any kind which you may incur by reason of your use of your Computer, and related software, data and system.
22. No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your designated account, or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
23. Severability. If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
24. Headings. The headings herein are furnished for the convenience of the parties and are not to be considered in the construction or interpretation of this Agreement.
25. Area of Service. The Services described in this Agreement are solely offered to citizens and residents of the United States of America and may not be accessed while outside of the United States of America.
26. Governing Law. This Agreement is governed by and interpreted in accordance with all applicable federal laws and regulations and the laws of this State.
27. Entire Agreement. This Agreement is the entire agreement between you and us and it supersedes any marketing or other similar material pertaining to the Services delivered to you in writing, verbally or obtained at our site or the site of any Internet Provider.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND/OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES OR CLAIMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (i) THE USE OF OR THE INABILITY TO USE THE SITE, (ii) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING OUR SITE, (v) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATING OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, AND/OR (vi) ANY OTHER MATTER RELATING TO THE SITE OR YOUR USE THEREOF.
EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT OR WANTONNESS, YOU AGREE TO INDEMNIFY, PROTECT AND FULLY COMPENSATE US AND OUR SERVICE PROVIDERS AND LICENSORS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE SITE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
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