I received the following email from my bank:
We’ve updated our xxxxx xxxxx Digital Banking Agreement to reflect some enhancements and service changes. The new Agreement will be effective on Friday, November 8.
No action is necessary on your part. Your continued use of First Citizens Digital Banking confirms your agreement to the changes.
Here is one section that allows the bank to modify our digital account at their discretion:
H. SERVICES AVAILABLE THROUGH DIGITAL BANKING
Some of the Services described below may not be available for certain accounts or customers. We reserve the right to modify the scope and type of activities offered via Internal Digital Banking and any of the Services at any time, or limit eligibility for these Services, in our sole discretion.
We may also, from time to time, introduce new Services or enhance existing Services. By using new or enhanced Services when they become available, you agree to be bound by the terms governing each service.
~~~~~~~~~~~~~~~~~~~~~~~~~
Here are the sections where all of the verbiage is capitalized.
- Warranties
WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING
DIGITAL BANKING, ANY OF THE SERVICES OR FEATURES ACCESSED
THROUGH DIGITAL BANKING, PFM SOFTWARE, WEB
BROWSERS, APPS ACCESSED THROUGH THE INTERNET, OR ANY INTERNET
SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, EXCEPT TO THE EXTENT REQUIRED BY LAW. ALL IMPLIED
WARRANTIES ARE DISCLAIMED.
IN NO EVENT SHALL ANY LICENSOR OR SERVICE PROVIDER OF ANY
SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE
LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR
DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. WE MAKE NO
REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY,
RELIABILITY, OR CORRECTNESS OF ANY THIRD-PARTY INFORMATION OR
DATA THAT YOU OBTAIN THROUGH THE USE OF DIGITAL BANKING. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US OR THROUGH OR FROM YOUR USE OF DIGITAL BANKING
WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY
STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF DIGITAL
BANKING AND THE DIGITAL BANKING SERVICES IS AT YOUR SOLE RISK.
DIGITAL BANKING IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN
CONNECTION WITH THE USE OF DIGITAL BANKING IS OBTAINED AT YOUR
OWN DISCRETION AND RISK, AND WE OR OUR SERVICE PROVIDERS ARE
NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE
DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR
OTHERWISE.
15. Limitation of Liability
THE FOREGOING SHALL CONSTITUTE OUR, AND OUR SERVICE PROVIDERS,’
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN CONNECTION WITH
YOUR USE OF DIGITAL BANKING. EXCEPT AS SPECIFICALLY PROVIDED IN
THIS AGREEMENT OR AS REQUIRED BY LAW, IN NO EVENT SHALL THE
BANK, ITS HOLDING COMPANY, AFFILIATES, SUBSIDIARIES OR SERVICE
PROVIDERS, OR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF WE
ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF
THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER
EQUIPMENT, DIGITAL BANKING, AND/OR ANY SERVICE YOU MAY ACCESS
OR OBTAIN THROUGH DIGITAL BANKING, EVEN IF SUCH DAMAGES WERE
REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF DIGITAL BANKING AND/OR ANY OF ITS SERVICES AND
FEATURES (INCLUDING ANY SOFTWARE OR MATERIALS SUPPLIED IN
CONNECTION WITH DIGITAL BANKING) SHALL BE FOR US TO USE
COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE APPLICABLE
SERVICE.
- Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND US, OUR
DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS AND SERVICE PROVIDERS
FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY,
DAMAGES, EXPENSES AND/OR COSTS OF EVERY KIND (INCLUDING, BUT
NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING
FROM YOUR USE OF DIGITAL BANKING, OR THE USE OF DIGITAL BANKING
BY ANY OF YOUR CO-ACCOUNTHOLDERS, REPRESENTATIVES, USERS OR
ANY OTHER INDIVIDUAL WHOM YOU HAVE PERMITTED TO USE YOUR
DIGITAL BANKING, OUR RELIANCE ON YOUR PAYMENT OR TRANSFER
INSTRUCTIONS, YOUR BREACH OF THIS AGREEMENT, THE PERFORMANCE
OR NON-PERFORMANCE OF OTHER FINANCIAL INSTITUTIONS, YOUR
INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, AND/OR YOUR
COMMISSION OF FRAUD OR ANY OTHER UNLAWFUL ACTIVITY OR
CONDUCT.
