Online Banking Terms & Conditions
MFS Online Banking Agreement
We suggest that you carefully read this document.
This Agreement is a contract which establishes the rules which cover your electronic access to your accounts at Maspeth Federal Savings ("BANK") through MFS Online Banking. When you use or access or permit any other person(s) or entity to use the MFS Online Banking ("SYSTEM") you accept and agree to all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your Maspeth Federal accounts as well as your other agreements with Maspeth Federal, such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement, except to the extent this Agreement can and does vary such rules or laws, is also subject to applicable federal laws and the laws of the State of New York. If any provision of the Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (expressed or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Maspeth Federal's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the registration form, constitutes the entire agreement between you and Maspeth Federal with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
As used in this Agreement, the words "we" "our", "us" and BANK mean Maspeth Federal Savings. "You" and "your" refer to the accountholder authorized by Maspeth Federal to use MFS Online Banking under this Agreement and anyone else authorized by that accountholder to view account information and/or effect transactions in an account or to exercise control over the accountholder's funds through MFS Online Banking. "Account" or "accounts" means your accounts at Maspeth Federal. “Electronic funds transfer” means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your Maspeth Federal accounts using MFS Online Banking, including bill payments within the United States. "SYSTEM Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. “Bill Payment Services” exclude any payments prohibited by Law. “Business days” means Monday through Friday. Bank Holidays are not included.
In order to use MFS Online Banking you will need the type of computer(s), related equipment, and software described in the MFS Online Banking "Help" tab. You are responsible for obtaining and the installation, maintenance, and operation of your Computer and the software necessary for you to access MFS Online Banking in accordance with such requirements as may (1) be provided by the equipment manufacturers and (2) any other documentation that we provide to you. You agree that you will use a reputable anti-virus software program on your equipment and that such equipment and software will be periodically updated in accordance with a commercially reasonable schedule. The Bank is not responsible for any errors or problems that arise from the failure or malfunction of your equipment, software or hook-up. The Bank is not responsible for any Computer virus related problems that may be associated with your use of MFS Online Banking.
The Bank shall have no liability to you for any damages or other, loss, direct or consequential, which you may suffer or incur by reason of the use of your Computer or your software.
You agree to be responsible for any telephone or other charges that you incur by accessing your Accounts through MFS Online Banking.
You are responsible for obtaining internet services from a responsible and reputable internet provider of your choice and you are also responsible for any fees or charges which may be imposed by such internet service provider. You expressly assume all internet risks to the extent that the law allows or requires. We are not responsible for any internet access services you may choose.
To use MFS Online Banking, you must have an account at Maspeth Federal, access to Internet service, and an e-mail address. Should you wish to enroll in MFS Online Banking Bill Payment Service, you will need at least one checking account. We are under no obligation to monitor the transactions through MFS Online Banking to determine that they are made on behalf of the accountholder or that your computer or software or any communications from your system or into your system is secure.
You can use MFS Online Banking to check the balances of your Maspeth Federal accounts, view Maspeth Federal account histories, transfer funds between your eligible Maspeth Federal accounts, order checks, make stop payment requests, view checks, and pay bills from your checking account in the amounts and on the dates you request if you have requested the Bill Payment Service.
The bank may from time to time introduce new or additional services to MFS Online Banking. Maspeth Federal may notify you of such services when they become available. By using such new services when they become available, you agree to be bound by the rules concerning such services which may be sent to you and/or posted on the website maintained by the Bank (www.maspethfederal.com ).
Hours of Service Availability
MFS Online Banking is available 24 hours a day, seven days a week, although some or all MFS Online Banking services may not be available occasionally due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the MFS web site.
We may, at our option, change the parameters for the password used to access MFS Online Banking without prior notice to you and if we do so you will be required to change your password the next time you access MFS Online Banking.
For security purposes, you are required to change your password upon your initial login to MFS Online Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on any instructions received under your password. You accept responsibility for the confidentiality and security of your password. Upon three unsuccessful attempts to use your password, your access to MFS Online Banking will be revoked. To re-establish your authorization to use MFS Online Banking, you must contact us to have your password reset
We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children and should be memorized rather than written down.
You have the ability to change your password online, and you must do so immediately if you believe your password has been used or accessed without your permission. You must also notify the Bank immediately, by telephone and in writing, if you believe that your Password has become known to an unauthorized person or that an unauthorized person has gained access to the Service. Telephone notice shall be given by calling the Maspeth Federal Operations Support Department (718-335-1300) during regular business hours. The furnishing of any such notice shall not relieve the Customer of any liability for loss, whenever occurring, caused by such unauthorized use.
You understand the importance of your role in preventing misuse of your accounts through MFS Online Banking and you agree to promptly examine your periodic statement for each of your Maspeth Federal accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts.
You specifically agree that:
- You will protect and not give or disclose your password to anyone, including any Bank employee, particularly while on the telephone or while using the Internet when not connected directly to MFS Online Banking. If you disclose your password to any person or entity you assume all risks and losses associated with such disclosure, and if you permit any other person or entity to use MFS Online Banking, or other means to access your password or account you are responsible for any transactions and activities performed from your accounts or for any use of your personal and account information by such person or entity unless otherwise restricted by Law or Regulation.
- You will not leave your password or account information in an area accessible by others, including your Computer screen.
- You will not send your password or account information over any public or general e-mail system.
- You will not leave your Computer unattended while you are connected to MFS Online Banking.
- You will not select any user password that is conspicuous or can be easily deciphered or determined.
- Maspeth Federal may not immediately receive e-mail that you send. Therefore, you may not rely on e-mail if you need to communicate with the Bank immediately. For example, if you need to report an unauthorized transaction from one of your accounts, you should contact the Bank immediately by (a) calling 718-335-1300 and (b) confirming your oral report by writing to the Bank. The Bank will not take actions based on your e-mail requests until the Bank actually receives your message, can verify its identity and authenticity and has a reasonable opportunity to act.
Fees and Charges
There are no monthly or transaction fees for accessing your account(s) through MFS Online Banking. However, Maspeth Federal Savings reserves the right to impose a fee for MFS Online Banking services by procedures outlined in this Agreement. The service charges and fees provided for in your deposit and loan agreements, if applicable, will continue to apply. You authorize the Bank to deduct all applicable fees from your checking account.
Limits on Amounts and Frequency of MFS Online Banking Transactions
The number of transfers from Maspeth Federal accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
The Bank reserves the right to limit the frequency and dollar amount of transactions from your accounts for security or credit reasons, as the Bank may determine at any time and from time to time at its sole discretion.
Overdrafts (Order of Payments, Transfers and other Withdrawals)
If funds are withdrawn from any of your accounts by means of any transfer, other than through MFS Online Banking, and if the account contains insufficient funds to enable both the electronic funds transfer and the MFS Online Banking transfer to be made, then the other transfer will have priority and the MFS Online Bankingtransfer will either be refused or result in an overdraft of such account, at the Bank's discretion.
If applicable, any overdraft that you may incur through your use of MFS Online Banking is subject to the terms of your overdraft line of credit agreement.
MFS Online Banking Bill Payment Service
This section shall not be applicable unless you have chosen to use the MFS Online Banking Bill Payment Service.
MFS Online Banking Bill Payment is an electronic payment system that permits you to initiate and authorize payments from your designated account to a merchant or business ("payee") which you have selected in advance to receive such payments.
To use MFS Online Banking Bill Payment for bill payments, you may designate anyone of your checking accounts as your Bill Payment Account. An account that requires two or more signatures to make withdrawals may not be designated as a Bill Payment Account. You can arrange, at your option, for the payment of your current, future and recurring bills from your Bill Payment Account each Bank business day. You may select payees from your list of merchants or businesses, including your mortgage loan with the Bank. By furnishing the Bank with the names and account numbers of payees you select and certain other information we may request, you authorize the Bank to follow your payment instructions to these payees as received by the Bank through your use of MFS Online Banking Bill Payment. You may access your list of payees or merchants (online) to verify which new payees have been added.
You have the option of setting up a payee as one of two bill payment types: (1) recurring payments, which are payments of a fixed amount that are paid at a regular interval, such as monthly (e.g. rent, mortgage, etc.) or (2) variable payments, which are payments that vary in amount and/or date (e.g. utility, credit card, etc.). After you have established a recurring or variable payment authorization, the Bank will execute MFS Online Banking Bill Payments according to your pre-existing instructions until you have properly notified Maspeth Federal, in accordance with the Bank's procedures in effect at that time, of any cancellation of or change to your instructions.
Recurring payments will be sent on the same calendar day of each month or on the following business day if the regular payment day does not fall on a business day. For the purpose of MFS Online Banking Bill Payment services, a business day does not include Saturdays, Sundays and Bank Holidays as observed by Maspeth Federal Savings.
When you have entered and transmitted payment instruction, you authorize Maspeth Federal to charge your Bill Payment Account for the amount of your payment. You are responsible for all transactions made using MFS Online Banking Bill Payment, including any bill payments that you may unintentionally or inadvertently authorize or make, and any losses, charges or unauthorized charges made with your password or penalties incurred as a result (unless otherwise provided by law or regulation). You are responsible for providing us with the proper payee identification information, including the payee's address, telephone number, and your identification or account number with the payee. If any of your payee information changes after you enroll, you are responsible for notifying us of these changes. If you instruct us to make a payment to a particular payee and fail to give us the correct identification information, we are not responsible or liable in connection with such a transfer. You must deal directly with the parties involved to correct such a transaction.
When the Bank receives a payment instruction, the Bank will remit funds to the payee on your behalf from the available funds in your designated Bill Payment Account no later than three to five business days after you have so instructed the Bank (a "Current Payment"), unless your instruction is to make payment on a future date (a "Future Payment"); provided however, that the Bank shall not be obligated to make any payment unless your Bill Payment Account has sufficient funds available to cover the payment on the date the Bank processes such debits to such account. You have the right to stop or change any scheduled payment provided that your stop or change request is received prior to the payment being posted to your account, as required by law or regulation.
Any payment made through MFS ONLINE BANKING BILL PAYMENT requires sufficient time for your payee to credit your account properly. To avoid imposition of a finance charge or other charges by the payee, you must authorize and schedule payment on a date sufficiently in advance of the due date of your payment. All payments through MFS ONLINE CONNECT BANKING PAYMENT must be authorized and scheduled so the payment is at least ten (10) business days prior to the date that payment is due. You are responsible for any late payments, fees, costs or finance charges. The bank shall not be responsible for any charges imposed or other action taken by a payee resulting from a late payment.
Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the bill payment has been debited from your account, you CANNOT cancel or stop a bill payment which has been paid electronically. You may initiate stop payment requests via MFS Online Banking only for paper checks you have written (non-electronically) on your BANK accounts. All requests to stop payment will incur the standard “stop payment charge.”
- The customer may initiate a stop payment request to the Bank via the System with respect to any check (the "item") drawn by the Customer on its accounts. Stop Payment requests initiated on the System shall be deemed the equivalent of written stop payment orders under the New York Uniform Commercial Code. Written stop payment requests are effective for six (6) months unless renewed in writing prior to the expiration of the initial six-month period. Any stop payment order must specify the account number, payee, date, amount and number of the item.
- The Customer shall notify the Bank immediately, but in no event later than the time the stop payment is processed by the Bank, if the stop payment request contains any errors or is incomplete.
- The Customer understands that MFS Online Banking allows for the search only of items containing the information input by the Customer and that if such information is not accurate in all respects, it will not be effective to stop payment of the desired item and may result in the stopping of payment of other instruments or items. The customer further understands that, in addition to any other requirement, the MICR encoded item number is a critical information field and that, if it is missing or has been input incorrectly (wrong number) the intended item will not be stopped. The Customer assumes full responsibility for the accuracy of all data and information entered through the System. Any inaccurate, missing or incorrect information shall completely void any liability of the Bank. Stop payment requests desired to be effected by the Customer must be received by the Bank at such time and in such manner as to afford the Bank a reasonable opportunity to take action with respect to the item.
- The Customer recognizes that it may not be possible at all times to determine, through the use of the Service, whether an item has been paid. The Bank shall have no liability whatsoever in that regard.
- The Customer agrees that the Bank will not be responsible or liable for certification or payment of items which the Bank has been requested not to pay, provided that the Bank has acted in good faith and exercised ordinary care in providing such certification or making such payment. In no event shall the Bank's liability for the payment or certification of any item over a properly made stop payment order exceed the amount of the item
Disclosure of Account Information to Others
- Where it is necessary for completing transfers;
- 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;
- To protect and enforce our rights;
- If you give us your written permission (which may be electronic, telecommunications transmission or on paper).
You will not receive a separate MFS Online Banking statement. Transfers to and from your account using MFS Online Banking will appear on the respective periodic statements for your BANK accounts.
Change in Terms
We may amend or change any term or condition of this Agreement at any time in our sole discretion. If the change would result in fees for any MFS Online Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the bank's MFS Online Banking web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the MFS Online Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures. PLEASE ACCESS MFS Online Banking AND REVIEW THIS AGREEMENT REGULARLY.
Bank's Standard of Care and Limitation of Liability
The bank's duties and responsibilities are limited to those described in this agreement and in any deposit agreement(s) between the customer and the bank. The bank will not be responsible to the customer for monetary loss sustained by the customer, as a result of a transfer of funds or otherwise, except to the extent that such loss is caused by the bank's gross negligence or willful misconduct. Neither the bank nor owner shall be responsible to the customer for loss, destruction, or alteration of any programs or data submitted to or output from the system, or for any loss or damages, resulting from any defects, errors or omissions in, or improper operation of, the system. Any data may be lost or even destroyed in the event the system fails. If such any event occurs during the performance of a transaction or shortly before, you should, through an outside source, verify that transaction as you may assume the risk of loss of any data during such failure or interruption.
We are granting to you, for your personal use only, a non-exclusive, limited, revocable right to access and use MFS Online Banking services. You agree that you will not use, or allow MFS Online Banking to be used for any other purpose or the reselling of any service or use or for any commercial purpose, without our prior written consent.
Without limiting the generality of the forgoing, the bank will not be liable for completing transfers in any of the following situations:
If you do not have enough available money in the account from which a transfer is to be made; if the account has been closed, frozen, or is not in good standing; or if we reverse a transfer because of insufficient funds; or
If the transfer would cause your balance to go over the credit limit of an established line of credit;
If you have not properly followed MFS Online Banking instructions on how to make a transfer or other transaction; or
If you have not given the Bank complete, correct and current instructions, account numbers, or other identifying information so that the Bank can properly credit your account or otherwise complete the transaction; or
If withdrawals from any of your accounts have been prohibited by a court order such as garnishment or other legal process; or
If your Computer, your software, any Internet Service Provider (ISP) or other Internet connection was not working properly; or
If you, or anyone you allow to use the Service, commits fraud or violates any law or regulation; or
If circumstances beyond the Bank's control prevent making a transfer despite reasonable precautions that the Bank has taken. The Bank will not be responsible for liability, loss or damage resulting from any delay in the performance of, or failure to perform or adequately perform any of its responsibilities under this Agreement which is caused by an act of God, fire or other catastrophe; electrical or computer failure, failure to act by the
customer or by third parties (including the Owner) or any other cause beyond the Bank's reasonable control or
If any exception to the Bank's liability that may be stated in a deposit, loan, line of credit, or other Bank agreement from time to time is applicable; or
If you do not authorize a bill payment in a timely manner, in accordance with the terms of this Agreement; or
If the Bank makes a timely bill payment but the merchant nevertheless does not credit your account promptly after receipt; or
If you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and
you fail to notify us promptly of that fact; or
Not all payees will accept electronic payments and some payees will not accept for processing a payment not accompanied by a “Payment stub” and some payees will only accept your payment at specific locations or addresses. Any of those could slow payment. Determining such restrictions is your responsibility. You should check restrictions and requirements for electronic transfers with your selected payees.
Notwithstanding anything herein or in any agreement to the contrary, in no event shall the Bank be liable for any consequential, incidental, indirect or special losses or damages, even if the Bank is notified of the possibility of such losses or damages.
Disclaimer of Warranties
Except as specifically set forth in this agreement or where Laws or Regulations require otherwise Maspeth Federal makes no representations or warranties of any kind, express or implied, including, without limitation, warranties of merchantability or of fitness for a particular use or purpose, with regard to the service or the system. We do not and cannot warrant MFS Online Banking will operate without errors, or that any or all MFS Online Banking Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to MFS Online Banking, (use of any online service is at your own risk) including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank exceed the amounts paid by you for the services provided to you through MFS Online Banking. The Bank makes no representation that any online service will be secure, uninterrupted or timely.
Your Right to Terminate
You may cancel your MFS Online Banking service at any time by providing us with written notice. Your access to MFS Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation
Our Right to Terminate
You agree that we can terminate or limit your access to MFS Online BankingServices for any of the following reasons:
- Without prior notice, if you have insufficient funds in anyone of your BANK accounts. System service may be reinstated at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
- Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your original Primary Checking Account.
- Upon reasonable notice, for any other reason at our sole discretion.
The Law Govering Your Transactions
This agreement and any action or proceeding brought with regard to this agreement shall be governed by the Laws of the State of New York and shall be brought in the State or Federal Court having Jurisdiction within the County of Queens.
Terms and Conditions Applicable to Consumer Accounts
The following provisions apply only where the Customer is a natural person whose accounts are established primarily for personal, family or household purposes ("Consumer"). In the event of any inconsistency with the other provisions of the MFS Online Banking Agreement the following terms and conditions shall control with regard to Consumers:
A. Electronic Funds Transfer Act and Regulation E and UCC Article 4A (NY)
Some of the transactions permitted through the Service are governed by the Electronic Funds Transfer Act (EFTA) and its implementing regulation, Regulation E ("Reg. E") and UCC Article 4A (NY). Some of the terms and conditions of this Agreement are disclosures required by Reg. E.
B. Right to Stop Payment
Under the Electronic Funds Transfer Act ("EFTA") you have certain stop-payment rights and obligations for "preauthorized electronic funds transfer" or "PEFT". A "PEFT" is an electronic funds transfer that is authorized in advance and is scheduled to recur on a periodic basis. One-time transfers authorized in advance, however, are not a "PEFT" and are governed by the MFS Online Banking Bill Pay Agreement.
You can stop any PEFT by calling or writing to us at least three (3) business days before the payment is scheduled to be made. If you stop payment by telephone, we may also require you to send us your request in writing within fourteen (14) days after you call.
You may have an opportunity to stop a one-time transfer authorized in advance by calling or writing us at least three (3) business days before the payment is scheduled to be made. The EFTA, however, does not obligate us to honor this request, and we do not guarantee that such a stop-payment will be made on time. Furthermore, you should realize that a one-time electronic funds transfer is irrevocable and cannot be stopped if it is scheduled to be made within three business days of our receiving the notice.
C. Customer Liability
You should notify the Bank immediately if you believe any of your accounts have been accessed or your password has been used without your permission. You have the ability to change your password online, and should do so immediately if you believe your password has been used without your permission.
If someone used your password without your permission, you can lose no more than $50.00 if you notify the Bank within two (2) business days of discovering any unauthorized use of your password.
However, you can lose as much as $500.00 if you do not notify the Bank within (2) business days of discovering the unauthorized use and the Bank can prove that it could have prevented the unauthorized use had it been notified.
If you do not report unauthorized transactions that appear on any of your periodic statements within (60) days after the first statement, is mailed to you, upon which the error appeared, you risk unlimited losses on transactions made after the (60) day period has passed if the Bank can show that it could have prevented the unauthorized use had it been notified within this sixty (60) day period. If the report is by telephone or in person at the Bank, we may require that your questions be forwarded in writing within ten (10) business days to Maspeth Federal Savings Operational Support Department, 56-18 69th Street, Maspeth NY 11378.
At the Bank's sole discretion, we may extend the time periods. You are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize to be made. If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any other deposit accounts(s) you have with us to the extent permissible by the applicable law and the terms of any relevant agreement.
D. Error Resolution
This section applies only to electronic funds transfers governed by the EFTA and Reg. E and UCC Article 4A (NY). In case of errors or questions about your MFS Online Banking transactions, please contact us at (888) 415-4098.
If you think your statement is wrong or if you need more information about a transaction listed on the statement, the Bank must hear from you no later than sixty (60) days after it sends or delivers to you the Maspeth Federal statement on which the problem or error appeared. If not timely received, the statement will be deemed correct. If you requested more information about a problem or error, the Bank must hear from you within sixty (60) days after it sends or delivers that information to you.
- Tell us your name and account number(s).
- Tell us the type, time and date of the transaction and the dollar amount of the suspected error.
- 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.
- For a bill payment, tell us the checking account number used to pay the bill, payee name, date the payment was sent, payment amount, and payee account number for the payment in question.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If the Bank needs more time, however, it may take up to forty five (45) days from the date you notify us in writing to investigate your complaint or question. If we decide to do this, the Bank will re-credit your account within ten (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 the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing and does not receive it within ten (10) business days, the Bank may not re-credit your account.
If the Bank decides that there was no error, it will send you a written explanation within three (3) business days after it finishes its investigation. You may ask for copies of the documents that the Bank used in its investigation.
E. Amendment of Agreement
Where the EFTA and Reg. E apply, the Bank may amend this Agreement at any time by sending notice to you by mail, or, to the extent permitted by law, by e-mail or electronic communication through MFS Online Banking, at least twenty-one (21) days before the effective date of the amendment. Where the EFTA and Reg. E apply, notice is always required if the change would result in:
- Increased fees for the customer;
- Increased liability for the customer;
- Fewer types of available electronic fund transfers; or
- Stricter limitations on the frequency of dollar amount of transfers
If the EFTA and Reg. E apply, we are not required to give notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic funds transfer system. However, if such a change is permanent, and disclosure would not jeopardize security, we will notify you in writing on or with the next scheduled periodic statement or within thirty (30) days of making the change permanent.
If the EFTA and Reg. E do not apply to a particular transaction, and other state or federal laws do not specify any notice or other requirements for an amendment, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
Your continued use of the Service is your agreement to any amendment(s) to or changes of the Agreement, unless prohibited by applicable laws.
F. Joint Accounts
The provisions of this section apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this Agreement. Each of you acting alone, under your separate and unique password, may perform transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain consent of, or notify the other one of you about the actions of the other. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.
Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized by you to use the Service to effect transactions in your accounts. Each of you agrees to indemnify us and hold us harmless from any and all liability (including but not limited to, reasonable attorney's fees) arising from any such claims or actions.
External Transfers Term and Conditions
IMPORTANT: To enroll in the External Funds Transfer Service you must consent to receive notices and information about the Service electronically. You must have the ability to receive and retain electronic communications before you accept this External Funds Transfer Service Agreement.
1. GENERAL. This External Funds Transfer Agreement sets forth the terms and conditions under which you may from time to time request a transfer of funds between your accounts with us and your accounts at another United States financial institution.
By clicking the “Continue” button, you consent to the receive information electronically and agree to the terms and conditions set forth in this Agreement. We reserve the right to provide information and notices about the External Funds Transfer Service to you by non-electronic means.
“Account" or “Accounts” means your eligible accounts with the Bank and your accounts with other financial institutions that are used in connection with the Service.
“Account Agreement” means our Account terms and conditions that governs your accounts with us, a copy of which you received when you opened your account.
“Bank,” "we," "us," "our" and any other variation thereof refers to Maspeth Federal Savings.
“Business Day” means any day that is not a Saturday, Sunday or bank holiday in New York.
“EST” means Eastern Standard Time.
“Service” means the External Funds Transfer Service.
"You" and "your" refer to you as the user of the Service.
3. ACCEPTANCE OF THE AGREEMENT. This Agreement sets out the terms and conditions on which the Bank will provide you the Service. When you click on the "Continue" button you agree to accept this Agreement, including any amendments to this Agreement or any changes hereto. If you do not accept and agree toall of the terms and conditions herein, you will not be entitled to use the Service. The Bank may accept or decline your application for the Service.
The Bank reserves the right to change the terms under which the Service is offered in its sole discretion at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. You agree that if you continue to use the Service after we notify you of any change, you thereby accept the changes to this Agreement and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to this Agreement, you will not be entitled to use the Service. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Service, you may, subject to Section 22 (“Service Changes, Discontinuation and Termination”), terminate your use of the Service. Once your account with us is terminated for any reason, you will have no further right to use or access the Service.
4. ELECTRONIC COMMUNICATIONS DISCLOSURE.
A. General Consent; Categories of Records. The Service is an electronic, Internet based-service. Therefore, you understand and agree that this Agreement will be entered into electronically and that the following categories of information ("Communications") may be provided by electronic means:
- This Agreement and any amendments, modifications or supplements to it.
- Your records of funds transfers and other transactions through the Service, including without limitation confirmations of individual transactions.
- Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law.
- Any customer service communications including, without limitation, communications with respect to claims of error or unauthorized use of the Service.
- Any other communication related to the Service.
Although the Bank reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Agreement or the Communications electronically, you may not use the Service.
B.How to Withdraw Consent. You may withdraw your consent to have Communications provided in electronic form by contacting us at718-335-1300, however, by doing so you understand that you will terminate your right to use the Service. Termination of the Service will be subject to the provisions of Section 22 (“Service Changes, Discontinuation and Termination”).
C.How to Update Your Records. You agree to promptly update your registration records if your e-mail address or other information changes.
D. Delivery of Electronic Communications. Communications may be posted on the pages of the Service website or other website disclosed to you and/or delivered to the e-mail address you provide.
E. Hardware and Software Requirements. In order to access and retain Communications, you must have:
- A personal computer or other device with Internet access is required to access the Service
- A web browser which supports 128-bit SSL or higher encrypted communications
- An email account and e-mail software capable of reading and responding to your e-mail
- Software that permits you to receive and access Portable Document Format (PDF) files, such as Adobe Acrobat Reader (available at http://www.adobe.com/products/acrobat/readstep2.html).
- Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.
5.SERVICE DESCRIPTION. You may use the Service to transfer funds between any two of your Accounts about which you have provided the necessary information through the Service. You may make one-time and recurring funds transfers between your Accounts. We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using the Service.
External transfers will usually take 3-5 business days from the date you instruct us to make the transfer from your account with us to your account with your other financial institution. You understand and agree that the date your funds are available is dependent on the receiving financial institution’s “Funds Availability” Schedule. Please check your financial institution’s “Funds Availability” schedule to determine when your funds will be available. Funds transfer instructions received by us after daily cutoff on a given business day will be considered received by the Bank on the next business day.
Not all types of accounts are eligible for the Service. Be sure to check with your other financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. The Bank is not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by your financial institution on your Accounts or those imposed by applicable law.
We may from time to time make available additional or new features to the Service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any funds transfers from your Accounts. We may at any time decline to effect any funds transfers that we believe may violate applicable law.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. The Bank will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize the Bank to debit your account in the amount indicated.
6. TRANSFER LIMITS. You may not make funds transfers in excess of limits described herein or within the Service. Additionally, there are limits to the number of transfers you can make from your savings/money market account with us. Please refer to your copy of our Account Agreement provided to you when you opened your savings/money market account with us.
The following limits on funds transfer amounts are calculated against all outstanding transfers, which are transfers that have been requested but not yet paid.
Time Period/Total Outstanding
We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using the Service.
In the event that your use of the Service has been suspended and reinstated as provided in Section 18 ("Suspension and Reinstatement of the Service”), you understand and agree that your use of the Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.
7. ACCOUNT VERIFICATION. You authorize us to validate the Accounts you register with the Service from time to time through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.
8. ACCOUNT ACCESS/LIMITED POWER OF ATTORNEY. You understand that in order to complete fund transfers, it is necessary for the Bank to access the websites and databases of your financial institution where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Service, you represent and warrant to us that you have the right to authorize and permit us to access and debit/credit your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing to us and authorizing us to use such information you are not violating the rights of anyone else. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit the Bank to use information submitted by you to accomplish these purposes and to configure the Service to be compatible with the Accounts.
For as long as you use the Service, you give the Bank a limited power of attorney and appoint the Bank as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to effect funds transfers, with full power and authority to do and perform each and every act and thing necessary to be done in connection with effecting funds transfers, verifying the content and authenticity of any funds transfer instruction, complying with all security procedures applicable to such transfers, as fully to all intents and purposes as you might or could in person. Once the Bank has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge this limited power of attorney shall be deemed revoked; provided, however, that (i) this limited power of attorney shall remain in effect for as long as any pending funds transfers have yet to be delivered to the your other financial institution or cancelled in accordance with this Agreement and (ii) any act done by the Bank in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each financial institution (other than the Bank) you have an account with is independent of the Bank and your use of the Service. The Bank will not be responsible for any acts or omissions by the financial institution where your Account is held including, without limitation, any modification, interruption or discontinuance of any Account by such financial institution.
YOU ACKNOWLEDGE AND AGREE THAT WHEN THE BANK IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, THE BANK IS ACTING AS YOUR AGENT ONLY, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY.
9. CONFIDENTIALITY. We will disclose information to third parties about your account(s) or the transfers that you make:
- Where it is necessary for completing transfers or to resolve errors involving your account;
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- In order to comply with government agency or court orders;
- With your written permission; or
11. UNAUTHORIZED FUNDS TRANSFERS. If you believe your password has been lost or stolen or that someone has transferred or may transfer money from your account held at the Bank without your permission, immediately call718-335-1300, or write to: Maspeth Federal Savings, 56-18 69 Street Maspeth, NY 11378, Attention: Deposit Operations.
12. CONSUMER LIABILITY. Tell us AT ONCE if you believe your password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us withintwo (2) business days, you can lose no more than $50.00 if someone used your password without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement showing such transfer was sent to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money, if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods at our discretion.
13. BUSINESS LIABILITY.
CLAIM OF LOSS - If you claim a credit or refund because of a forgery, alteration, or any other unauthorized transfer, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized transfers. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.”
14. STOPPING FUNDS TRANSFERS. You may stop your funds transfer request through the Service unless your transfer request has already been processed. If your transfer request has beenprocessed you must notify us three business days prior to the scheduled delivery date at 718-335-1300 in order to stop your transfer request. You understand stop payment requests received after the transfer has been processed may be subject to a stop payment fee; We may also require you to present your stop payment request in writing within fourteen (14) calendar days to us using our secure online message channel via https://www.maspethfederal.com/or by mail to: Maspeth Federal Savings, 56-18 69 Street Maspeth, NY 11378, Attention: Deposit Operations.
15. NO UNLAWFUL OR PROHIBITED USE. As a condition of using the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement, the Account Agreement or by any applicable law or regulation including, without limitation, economic sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or use the Service to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
16. REJECTION OF TRANSFERS. We reserve the right to decline to effect/complete any funds transfers, to submit funds transfer instructions or orders, or to carry out any funds transfer modification requests.
17. AUTHORIZATION. You authorize the Bank to complete and process the funds transfer instructions you give to us. You understand that toeffect your funds transfer instruction we use the Automated Clearing House (ACH), which is governed by the rules of the National Automated Clearing House (NACHA). You agree to be bound the ACH rules, as published by NACHA. Subject to applicable NACHA rules we will debit one of your Accounts and credit another of your Accounts. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize us to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. You acknowledge that there may be a fee associated with such collection imposed by the financial institution holding your Account and you are responsible for such fee.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement; see Section 19 (“Documentation”).
You understand that your other financial institution may contact us to verify the content and authority of your funds transfer instructions and any changes to those instructions. You agree that we may provide to your financial institution such information as may be required to verify your instructions.
You also understand and agree that in the event we are unable to execute your funds transfer request utilizing ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or issuance of a check.
18. INFORMATION RELIED UPON BY THE BANK. You understand and agree that the Bank is relying upon the information provided by you and you authorize us to act on any instruction sent by you and to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. The Bank is not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information, such as incorrect account numbers or your financial institution’s ABA number, or if there is any error in your instruction you are responsible for such incorrect information. If you notify us of such incorrect information or instruction will make reasonable efforts to reverse or delete such information after you make us aware of your error, BUT you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide.
You agree not to impersonate any person or use a name or account number that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, the Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
You also understand and agree that if funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name provided. You understand that such financial institution may not investigate discrepancies between names and numbers. In addition, you agree that the Bank will have no responsibility to investigate discrepancies between names and numbers.
19. SUSPENSION OF THE SERVICE. In the event that we at any time incur a problem with your use of the Service, including, without limitation, a failure to debit any of your Accounts or to collect with respect to any of your funds transfers as described herein, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement.We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to reinstate your Service subject to lower per-transaction and daily/monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, the Bank in its sole discretion may thereafter restore your ability to effect transfers at our standard transfer limits.
20. DOCUMENTATION. You may access a statement of allfunds transfers effected or pending by clicking on the “Activity” or “History” tab within the Service. In addition, all funds transfers will appear on your Account statement that we make available to you.
21. ERROR REPORTING AND CLAIMS. Telephone us at718-335-1300 as soon as you can if you think your statement or transaction record is wrong or if you need more information about a transfer listed on your statement or transaction history. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appears. You must:
- Tell us your name and account number(s).
- Describe the error or 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.
You can also write to Maspeth Federal Savings, 56-18 69 Street Maspeth, NY 11378, Attention: Deposit Operations.
If you tell us orally, you may be required to send us your complaint or questions in writing within ten (10) business days.
We will determine whether an error occurred within 10 business days after we hear from you (20 days for new accounts) and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new accounts) to investigate your complaint or question. If we decide to do this, we will provisionally credit your account with us within 10 business days (20 days for new accounts) for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your account with us. (An account is considered to be a "new account" if it has been opened for 30 days or less and the account holder has no prior existing transaction account relationship with us.)
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of another financial institution holding your Account. Although we may try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of your other financial institution that holds your Account. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
22. PROPRIETARY RIGHTS. You acknowledge and agree that the Bank and parties with whom it has contracted owns all rights in and to the Service. You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile the Service or any of the Bank’s other services or technology.
23. SERVICE CHANGE, DISCONTINUATION AND TERMINATION. We may modify or discontinue the Service, with or without notice, without liability to you at any time.
We reserve the right, subject to applicable law, to terminate your right to use the Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate this Agreement or the rights of the Bank, or if you provide us with false or misleading information or interfere with other users or the administration of the Service.
You may contact us at any time to terminate your use of the Service at 718-335-1300, write us at Maspeth Federal Savings, 56-18 69 Street Maspeth, NY 11378, Attention: Deposit Operations. or email us at ibanking at maspethfederal dot com. Once you have informed us that you wish to terminate the Service and we have a reasonable opportunity to act on such request your use of the Service will be terminated; provided, you understand and agree that this Agreement will remain in full force and effect for as long as any funds transfers requested by you have yet to be completed and you authorize the Bank to complete such transfers unless they are cancelled in accordance with the paragraph entitled “Stopping Funds Transfers” above.
If your account with us has been terminated for any reason, you will have no further right or access to use the Service for any reason.
24. JOINT ACCOUNT HOLDER. In submitting your application for the Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use the account you share with them for the Service. We will end your use of the Service if any joint account holder notifies us that the joint account holder does not consent to the use of the Service.
25. MEANS OF TRANSFER. While we have previously indicated most funds transfers will occur via ACH, you authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems. We shallmake all reasonable efforts to ensure that your transfer requests are processed on time, however; we reserve the right to hold funds beyond the normal processing period from time to time depending upon the circumstances.
26. OUR LIABILITY. We will use our best efforts to complete your requested funds transfer on time. However, we shall incur no liability if we are unable to complete any funds transfer initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The applicable fund transfer system is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
- You have not provided us with the correct Account information; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, system failures or interference from an outside force) prevent the proper execution of the transaction).
Provided none of the foregoing exceptions are applicable, if we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper account.
27. LIMITATION OF WARRANTY AND LIABILITY. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN YOUR FUNDS TRANSFER INSTRUCTIONS; (4) ANY CHARGES IMPOSED BY ANOTHER FINANCIAL INSTITUTION WHERE YOUR ACCOUNT IS HELD AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY ANOTHER FINANCIAL INSTITUTION WHERE THE ACCOUNT IS HELD.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
28. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the Bank, its affiliates, officers, directors and employees from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of the Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of this Agreement or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity.
29. MISCELLANEOUS. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts used in connection with the Service; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. The Bank’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of this Agreement.
This Agreement, including all agreements and other documents incorporated herein by reference, constitutes the entire agreement between us as to the subject matter hereof, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended, or any of the Bank's rights waived, only if the Bank agrees in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by the Bank. You will be notified of any amendment to the Agreement in the manner provided by applicable law prior to the effective date of the amendment. However, if the amendment is made for security purposes, we can implement such change without prior notice.
We may assign this Agreement to any future, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third-party service providers.
Regardless of where you access the Service, or live or work, this Agreement, except as otherwise expressly provided for in your Account Agreement or as otherwise required by applicable law, or any dispute arising hereunder shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. You also consent to the exclusive jurisdiction of courts in the City and State of New York in connection with such disputes. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
This Agreement shall take effect immediately upon the acceptance of your application for the Service by us.