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<br />(c) Customer's violation of these Service Terms or the rights of any third party (including, but not limited to, privacy rights)
<br />11. Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE ". TO THE MAXIMUM EXTENT PERMITTED UNDER
<br />APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, WITH REGARD TO THE
<br />SERVICES ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
<br />FOR A PARTICULAR PURPOSE AND COURSE OF DEALING OR USAGE OF TRADE OR WARRANTIES OF NON - INFRINGEMENT OR
<br />WARRANTIES AS TO ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. TO THE EXTENT THAT ANY IMPLIED
<br />WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION
<br />TO 30 DAYS FROM THE INITIAL DELIVERY DATE OF THE RELEVANT SERVICES THE BANK AND ANY THIRD PARTY VENDOR DO
<br />NOT WARRANT OR GUARANTY THE SECURITY, SEQUENCE, TIMELINESS, ACCURACY OR COMPLETENESS OF THE DATA OR THAT
<br />ANY PART OF THE SERVICES WILL BE ERROR -FREE OR UNINTERRUPTED.
<br />12. Limitation of Liability.
<br />(a) In no event will Bank's liability under these Service Terms for any damages of any kind exceed an amount equal to the fees the Customer
<br />paid Bank for the Service during the twelve (12) months preceding the date on which Customer made the corresponding claim. If
<br />Customer makes a claim during the first twelve (12) months of service, Bank's liability will be limited to the average monthly fee Customer
<br />paid during that time multiplied by twelve.
<br />(b) EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, BANK SHALL NOT
<br />BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES,
<br />INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER AND /OR THE
<br />INSTALLATION OR MAINTENENACE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, FAILURE OF ELECTRONIC OR
<br />MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEM, OR COMMUNICATION LINES, TELEPHONE OR OTHER
<br />INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER
<br />HARDWARE, SOFTWARE, THE INTERNET, OR THE SYSTEM, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS
<br />WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS
<br />NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS CUSTOMER
<br />EXPERIENCES DUE TO CAUSES BEYOND BANK'S DIRECT, EXCLUSIVE AND REASONABLE CONTROL, AND CUSTOMER IN
<br />ORDER TO HOLD BANK LIABLE SHALL HAVE THE BURDEN OF PROOF TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE
<br />THAT ANY DAMAGE SUFFERED OR INCURRED BY CUSTOMER WAS FROM A CAUSE THAT WAS WITHIN BANK'S DIRECT,
<br />EXCLUSIVE AND REASONABLE CONTROL.
<br />13. Miscellaneous.
<br />(a) If Customer cancels the Service before the expiration of two (2) years, Customer shall pay an early cancellation fee of $500.00 for each
<br />scanner not paid for in full at the time the Service is implemented.
<br />(b) In addition to other termination rights set forth in the Account Documentation, Bank may terminate the Service immediately if Customer
<br />breaches any warranty set forth in these Service Terms.
<br />(c) If the Service is cancelled or terminated for any reason, Customer shall uninstall any software or hardware from its computer systems
<br />which was provided to Customer as part of the Service or assume the risk of any loss that could have been prevented by Customer's
<br />compliance with this provision.
<br />(d) The provisions of sections 2, 4, 7, 10, 11 and 12 shall survive termination of these Service Terms.
<br />Check Print
<br />The Check Print Service enables the Customer instruct the Bank to create and mail checks and /or documents on behalf of the Customer.
<br />1. Print Orders. The Bank will execute each print order requested by the Customer which is received by the Bank in a manner described in
<br />these Service Terms or as otherwise provided by the Bank (the "Print Order'). Print Order information shall include payee names and
<br />addresses. Customer agrees that it will not include any other personally identifiable information or any protected health information in its Print
<br />Orders, Print Orders may include printing of non - payment documents ( "Documents ") if agreed to by the Bank based upon these Service Terms.
<br />2. Check Pull Requests. For any Print Order received by the Bank, the Customer may request the Bank to pull a check(s) from processing
<br />by completing the Bank's manual check pull request form ( "Check Pull Request "); provided, however, that a Check Pull Request will not be
<br />effective unless and until it is received by the Bank in the form required and the Bank has had a reasonable time to act upon such request. A
<br />Print Order may not be amended or modified. The Bank has no obligation to adjust or stop the payment or posting of a Print Order it has
<br />accepted.
<br />PN: 1298505 DOC ID: 3 Page 31 of 39
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