Credit Unions Liabilities. 16.1. Direct Damages. SAFE CREDIT UNION'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY THE MEMBER AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF SAFE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF SAFE RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE MEMBER TO SAFE IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. IN NO EVENT SHALL SAFE BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS, WHETHER OR NOT SAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SAFE’s LICENSORS OR SUPPLIERS WILL NOT BE SUBJECT TO ANY LIABILITY TO THE MEMBER IN CONNECTION WITH ANY MATTER. 16.2. Member's Duty to Report Errors. Member shall notify SAFE of any errors, omissions, or interruptions in, or delay or unavailability of, the Services as promptly as practicable, and in any event within one business day after the earliest of discovery thereof, or the date discovery should have occurred through the exercise of reasonable care, and, in the case of any error, within fourteen (14) days of the date of the earliest notice to the Member which reflects the error. Member agrees to examine his/her monthly statement and report errors/discrepancies in a timely manner to SAFE. Failure of the Member to notify SAFE of any error, omission, or other discrepancy within seven (7) days from the date of a loss shall relieve SAFE of any liability for such error, omission, or discrepancy.
Appears in 1 contract
Sources: Business Service Agreement
Credit Unions Liabilities. 16.1. 6.1 Direct Damages. SAFE THE CREDIT UNION'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY THE MEMBER AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF SAFE’S THE CREDIT UNION'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ; PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF SAFE THE CREDIT UNION RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY MEMBER FOR THE MEMBER TO SAFE SERVICE RESULTING IN SUCH LIABILITY IN THE TWO (2) SIX MONTH PERIOD PRECEDING THE DATE OF THE CLAIMCLAIM ACCRUED. IN NO EVENT SHALL SAFE THE CREDIT UNION BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCLUDING LOST PROFITS, PROFITS WHETHER OR NOT SAFE THE CREDIT UNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SAFE’s THE CREDIT UNION'S LICENSORS OR SUPPLIERS WILL NOT BE SUBJECT TO ANY LIABILITY TO THE MEMBER IN CONNECTION WITH ANY MATTER.
16.2. 6.2 Member's Duty to Report Errors. Member shall notify SAFE Credit Union of any errors, omissions, or interruptions in, or delay or unavailability of, the Services as promptly as practicable, and in any event within one business day after the earliest of discovery thereof, or the date of discovery should have occurred through the exercise of reasonable care, and, in the case of any error, within fourteen (14) days of the date of the earliest notice to the Member which reflects the error. Member agrees to examine his/her monthly statement and report errors/discrepancies in a timely manner to SAFE. Failure of the Member to notify SAFE Credit Union of any error, omission, or other discrepancy within seven (7) days from the date of a loss shall relieve SAFE Credit Union of any liability for such error, omission, or discrepancy.
Appears in 1 contract
Sources: Ebanking Disclosure and Agreement