Zelle® Service Addendum to Huntington Online Services Agreement

This Addendum (“Addendum”) and the Huntington Online Services Agreement (“Agreement”) contain the terms that govern your use of the Zelle® Money Transfer Service (“Service”). You may have other account agreements with Huntington, which shall apply with equal force and effect if referenced in the Agreement. Please read both carefully (and retain a copy for future reference). We may change the terms of this Addendum at any time by posting the updated Addendum within the Service. We will notify you of the changes in accordance with the procedures in the Agreement. Your use of this Service after we have made such changes available will be considered your agreement to the change. In the event of any inconsistency between this Addendum and the Agreement, this Addendum will control.

1.Definitions

Terms defined in the Agreement have the same meaning in this Addendum. In addition, in this Addendum, the following terms are defined:

Account: eligible Huntington account (as determined by us) to which you can transfer money from or receive money into.

Network Financial Institutions: any financial institution which is participating in the Zelle® Network.  

Money Transfer: a transaction initiated through the Service to:

Transfer money out of your Account to a User;

Receive a transfer of money into your Account from a User;

Send a request to a User asking the User to transfer money to you using the Service; and/or

Receive a request from a User asking you to transfer money to them using the Service.

User: a person who is any one or more of the following:

Individuals enrolled in the Service through any Network Financial Institutions;

An individual enrolled in the Service through Zelle® App to receive money at the User’s financial institution; or

An individual not yet enrolled in the Service, but with whom you attempt to initiate a Money Transfer.

An individual who may use aliases such as email address, mobile phone numbers, or other unique identifiers described in this Addendum.

Early Warning Services ("EWS"): parent company of Zelle®.

2.Overview of the Service

We have partnered with Zelle® to provide a way for you to send, receive, and request money from Users. Zelle® does not transfer the money, but rather transmits the required messages between Users, using identifiers such as email addresses or phone numbers, which enables financial institutions to facilitate the Money Transfer.

THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY, AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. YOU SHOULD NOT USE THIS SERVICE TO PAY FOR GOODS OR SERVICES.


3.Eligibility to Use the Service

A.Eligible Accounts

To use the Service, you must have an eligible Account.  We have the right to determine eligibility and to restrict accounts that can be used with the Service at any time and in our sole discretion.  In most cases a Huntington checking account in good standing and/or with sufficient funds will be an eligible Account.  You will be able to determine if your account is eligible when you attempt to send, receive or request money through the Service as only eligible Accounts will be available for selection. Zelle® and/or we reserve the right to terminate, suspend, or limit access to or use of the Service at any time and without prior notice, including for reasons involving your use of the Service at any Network Financial Institution which may be deemed to be illegal, improper, brand damaging or potentially exposing us, Zelle, or the financial system to risk.

B.User Requirements

As a User, you represent either: (1) that you are at least 18 years of age, or (2) that you are a minor at least 13 years of age and you hold a joint demand deposit account with an individual over the age of 18, who has authorized you to use this service. You must have the authority to authorize Money Transfers to or from the enrolled Account.  You also agree that you will only use the Service for lawful purposes and will not use the Service for international payments, which are prohibited by this Addendum.


4.Prohibited Uses

You agree that you will not use the Service to request, send, or receive money for court-ordered payments (such as alimony or child support), gambling debts, fines, tax payments, or payments otherwise prohibited by law. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney.

The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any unlawful purpose.

5.Content Standards

You agree that you will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (f) in Zelle®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.

Although neither we nor Zelle® have any obligation to monitor any Content, both we and Zelle® have absolute discretion to remove Content at any time and for any reason without notice. We and Zelle® may also monitor such Content to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any Content, including any loss or damage to any of your Content. We and Zelle® make no representation or warranty that Content uploaded to a User profile accurately identifies a particular User of the Service.

The Service may include functionality for you to add a unique alpha-numeric identifier to your registered User profile to be used in lieu of your phone number or email address when sending or receiving money, which will be your “Zelle® tag.” You will be limited to one Zelle® tag per bank account, and each Zelle® tag must have one U.S. mobile phone number or email address associated with it. Your Zelle® tag must meet the Content Standards. You may not select a Zelle® tag that misleads or deceives other Users of the Service as to your identity, or otherwise. Although neither we nor Zelle® have any obligation to monitor User Zelle® tags, both we and Zelle® have absolute discretion to remove a User Zelle® tag at any time and for any reason without notice. We and Zelle® may require you to change your Zelle® tag in our sole discretion, and we may elect to make a Zelle® tag unavailable to you, without any liability to you. We and Zelle® may also monitor User Zelle® tags to detect and prevent fraudulent activity or violations of the terms and conditions. You understand that by using the Service, you may be exposed to a Zelle® tag that is offensive, indecent, or objectionable. We and Zelle® are not responsible for, and assume no liability, for any User Zelle® tags, including any loss or damage caused thereby. We and Zelle® make no representation or warranty that a User Zelle® tag accurately identifies a particular User of the Service. We respect the intellectual property of others and require that users of the Service comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish Content on the Service that is subject to intellectual property rights claims.  

6.Email and Text Messages

A.Registering an Email Address or Mobile Phone Number

To participate in the Service, you must register an email address that you intend to use regularly or a US mobile phone number that you intend to use for an extended period of time.  You may not enroll in the Service with a landline phone number, toll-free number, Google Voice number, or Voice over Internet Protocol.

Once registered, you may:

Authorize a debit of your Account to send money to a User either at your initiation or at the request of that User; and

Receive money from another User either at that User's initiation or at your request, subject to the conditions of the Section below titled "Requesting Money."    

If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, or we receive information that you are not the owner of the mobile number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

Once registered, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already registered), you will receive a message with instructions on how to register with Zelle®.

If you enroll for the Service and select to use a Zelle tag, the mobile phone number associated with your User profile will be used as the Contact Method for communication related to the Service and must meet the requirements described herein.

B.   Sending and Receiving Emails and Text Messages

By providing us with a telephone number and/or email address in connection with the Services you consent to receiving calls, text messages, and/or emails in connection with your use of the Service at that mobile phone number, email address, Zelle® tag and/or other alias you provide. You agree that any technology available, including automatic telephone dialing systems, may be used to call or text any mobile phone you register.

Additionally, by using the Service, you also authorize and instruct us, Zelle®, or another Network Financial Institution to send emails and text messages to the recipient concerning the Money Transfer that you initiate. You agree that these emails and text messages are sent on your behalf and you represent and warrant to us that for each recipient you instruct us to send emails and text messages, you have received permission from that person for us to do so.

As a User, you represent and warrant to us that you are the owner of the email address, the mobile phone number, Zelle tag and any other alias you registered, or that you have delegated legal authority to act on behalf of the owner to use and control such email address, mobile phone number, Zelle tag and/or other aliases for use with the Service. You further acknowledge and agree you are responsible for any:

Message and data rates may apply and such charges may include those from your communications service provider.

You are responsible for any fees or other charges that your communications service provider may charge for any related data, text or other message services, including without limitation for short message service. Please check your communications service provider agreement for details or applicable fees.

You will immediately notify us if any mobile phone number or email address you have registered or is used as a Contact Method for a Zelle tag is (i) surrendered by you, or (ii) changed by you.

In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.

We may send messages through your communications service provider in order to deliver them to you and that your communications service provider is acting as your agent in this capacity. To cancel text messaging from us, send STOP to 446622. For help or information regarding text messaging, send HELP to 446622 or contact our customer service at (800) 480-2265. You expressly consent to receipt of a text message to confirm your “STOP” request. NOTE: this process will stop ALL text alerts that you have enrolled in with Huntington.

We reserve the right to (at any time for any reason) decline to accept or use, or to continue to accept or use, any email address or mobile phone number provided to us.

We or Zelle® may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service.  By using the Service, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Zelle or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.

7.Canceling the Service

If you want to unregister from the Service you should follow the “unenroll” prompts through your device. Once you unenroll, you will have to re-register in order to use the Service in the future.   

If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the US mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

8.Fees

Fees may apply to your use of the Service; however, any fee will be disclosed before you initiate a Money Transfer.

The Account used for the Money Transfer will be the Account from which fees for the Service will be paid. You authorize us to collect the fees from your Account.

9.Receiving Money   

You authorize other Users to transfer money to you as part of the Service. Once a User initiates a transfer of money to your email address, mobile phone number, or Zelle® tag registered with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the Account you registered with the Service.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the transfer may take longer. For example, in order to protect you, we may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. We have no control over the actions of other Users or Participating Financial Institutions that could delay or prevent a transfer of money to you. If we delay or block a transfer that you have initiated through a request for money, we will notify you in accordance with your preferences (i.e. email, push notification).

If you are receiving a Money Transfer from a business or government agency, your transfer will be delivered in accordance with both this Addendum and the procedures of the business or government agency that is sending you the transfer.

We have no control over the actions of other Users, the Network Operator or other Network Financial Institutions that could delay or prevent a transfer of money to you.

10.  Sending Money

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Addendum, (ii) the Agreement, and (iii) your express authorization at the time of the transaction for us or another Network Financial Institution to initiate a debit entry to your Account. You understand that once you send the money, you will have no ability to stop it. You may only cancel a Money Transfer if the person to whom you sent the money has not yet enrolled in the Service. If the person you sent money to has already enrolled with Zelle®, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.

In most cases, when you are sending money, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not registered as a User with either Zelle® or a Participating Financial Institution, the transfer may take up to three (3) days from the day the intended recipient responds to the payment notification by registering as a User. You understand and acknowledge that a person to whom you are sending money and who is not registered as a User may fail to register with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.

The money may also be delayed or the transfer may be blocked by us to prevent fraud or comply with regulatory requirements. If we block a Money Transfer that you have initiated, we will notify you in accordance with your preferences (i.e. email, push notification).

We nor Zelle have control over the actions of other Users or Participating Financial Institutions that could delay or prevent your money from being delivered to the intended User.

11.  Requesting Money

You may request money from another User or Users. You understand and acknowledge that Users to whom you send Money Transfer requests may reject or ignore your request. Neither we nor Zelle® guarantee that you will receive money from other Users by sending a Money Transfer request, or that you will receive the amount that you request. Neither we nor Zelle® accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Addendum, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers,  agents and Participating Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from others and to only send requests for legitimate and lawful purposes. Requests for money are solely between the Users and are not reviewed or verified by us or Zelle®. Neither we nor Zelle® assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive, or unwelcome by the recipient.

12.Account, Dollar Amount and Transaction Frequency Limitations   

A.Account Limitations

All Money Transfers facilitated by the Service are also subject to the terms and conditions of the Account agreements that were provided to you when you opened your Account.  You agree not to initiate any Money Transfers  from an Account that are not allowed under the terms and conditions, rules or regulations applicable to the Account, including, without limitation, terms and conditions, rules or regulations designed to prevent the transfer of money in violation of OFAC regulations. You agree that any Money Transfers to or from a User’s account may also be governed by the NACHA Operating Rules and any applicable card network rules (e.g. Visa or Mastercard).

B.   Dollar Amount and Transaction Frequency Limitations

We may implement limits on the number or dollar amount of Money Transfer requests that you can make.  Limits may vary by customer and/or account type and may change over time.  Current limits will be posted and available to you within the Service.

13.Failure or Rejection of Money Transfers

We do not make any representation or warranty that any particular Money Transfer can be completed, or that it can be completed within a particular period of time. Any estimate we may provide concerning the completion date for the Money Transfer is only an estimate, and is not binding on us. You understand and agree that we have no control over the actions of other Users, or of other financial institutions, that may prevent a Money Transfer from being completed, or may delay its completion. You understand and agree that we may not be able to complete a Money Transfer if:

the receiving User does not enroll in or register with the Service; or              

the receiving User fails to register with the specific email address or telephone number you have provided to us for them; or

the receiving User’s Financial Institution requires its Users to accept Money Transfers, and the User does not accept the transfer within 14 days, then the payment will be canceled and the money will remain in your Account.

Upon learning that a Money Transfer to transfer money from your Account to a User cannot be completed for any reason, we may make a reasonable effort to complete the payment again. If the Money Transfer is not completed, we will notify you to contact your intended recipient.   

If you do not have enough money in your Account to make a Money Transfer, we may reject your request to initiate the Money Transfer.

We reserve the right to decline or cancel any payment instructions or orders or to carry out change or cancellation requests. We may, in our sole discretion, decline to initiate or complete a Money Transfer for any reason. We may, in our sole discretion, accept instructions from any User or from a User’s Financial Institution to block your attempts to use the Service to initiate Money Transfers with that User or customers of that institution.

14.Your Liability for Unauthorized Transactions

Tell us AT ONCE if you believe your Login Credentials have been lost or stolen or used without your authority or if you believe that an unauthorized Money Transfer has been made from your Account. Calling us is the best way to reduce your potential losses. You could lose all the money in your Account (plus your maximum overdraft line of credit).

If you tell us within 2 Business Days after the loss or theft of your Login Credentials, you can lose no more than $50 if someone used them without your authority.

If you do NOT tell us within 2 Business Days after you learn of the loss of your Login Credentials, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.

Check your statement: If your statement shows Money Transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 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 will extend the time periods.

Please reference the Huntington Online Services Agreement for additional, important information regarding unauthorized electronic transactions including the process to notify us or call us at

(800) 480-2265.

15. Limitation of Liability

YOU AGREE THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR ABILITY OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR MONEY TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED ON THE ACCOUNTS; (4) ANY CHARGES IMPOSED, OR ACTIONS TAKEN, BY ANY NON-HUNTINGTON FINANCIAL INSTITUTION; (5) ANY MONEY TRANSFER LIMITATIONS SET BY THE NON-HUNTINGTON FINANCIAL INSTITUTIONS; AND/OR (6) LIABILITY ARISING FROM THE RECEIPT OR NON-RECEIPT OF THIRD PARTY NOTIFICATIONS SENT TO TRANSFER MONEY RECIPIENTS’ EMAIL ADDRESSES OR CELL PHONE NUMBERS PROVIDED TO US.

Neither we nor Zelle® will be liable to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle® will be liable for any typos or keystroke errors that you may make when using the Service.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND PEOPLE WITH WHOM YOU ARE FAMILIAR AND TRUST. YOU SHOULD NOT USE ZELLE® TO SEND MONEY TO PERSONS YOU ARE NOT FAMILIAR OR DO NOT TRUST. YOU SHOULD NOT USE THIS SERVICE TO PAY FOR GOODS OR SERVICES. NEITHER WE OR ZELLE OFFER PURCHASE PROTECTION FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED). UNLESS OTHERWISE PROVIDED BY LAW, YOU AGREE THAT YOU,  NOT WE OR  ZELLE®, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE. REIMBURSEMENT IS AVAILABLE FOR UNAUTHORIZED TRANSACTIONS OR TRANSACTIONS RESULTING FROM CERTAIN QUALIFYING IMPOSTER SCAMS. CONTACT US TO DISPUTE A TRANSACTION.

16.ARBITRATION

YOU ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND JURY TRIAL WAIVER THROUGH YOUR CONSUMER DEPOSIT ACCOUNT AGREEMENT AND/OR BUSINESS DEPOSIT ACCOUNT AGREEMENT, WHICH ARE SPECIFICALLY INCORPORATED BY REFERENCE HEREIN [AND APPLIES TO YOUR USE OF ZELLE® SERVICES], AND HAVE AGREED THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE, UNDER OR RELATING IN ANY WAY TO THE ON-LINE SERVICES OR MOBILE BANKING SERVICES (“CLAIM”), WHETHER AGAINST US OR OUR SERVICE PROVIDERS, SHALL BE RESOLVED BY BINDING ARBITRATION, UNLESS YOU HAVE EXERCISED THE RIGHT TO REJECT ARBITRATION PROVISIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY CLAIMS OR DISPUTES YOU ASSERT AGAINST ZELLE® AND EARLY WARNING SERVICES, LLC ARE ENTITLED TO ENFORCE THIS PROVISION AGAINST YOU.

17.Miscellaneous

Subject to the terms of this Addendum, the Services are generally available 24 hours a day, seven days a week with the exception of outages for maintenance and circumstances beyond our or Zelle®’s control. Live customer service generally will be available Monday through Friday, excluding US bank holidays.

18. Additional Provisions from the Zelle® Network

As a condition of your use of the Service, Zelle® requires you to agree to the following additional provisions:

A.Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW,  NEITHER WE NOR ZELLE® MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE.  ZELLE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED.  ZELLE® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

B.Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ZELLE®’S SERVICE OR WITH THE TERMS OF THIS ADDENDUM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.  

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR PARTICIPATING FINANCIAL INSTITUTIONS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

C.Indemnification of Zelle®

You acknowledge and agree that you are personally responsible for your conduct while using the Service, and except as otherwise provided in this Addendum, you also agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Participating Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of the terms of this Addendum.

Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

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