NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE SHALL BE
RESPONSIBLE ONLY FOR PERFORMING THE ELECTRONIC SERVICES AS EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT. WE SHALL BE LIABLE ONLY FOR MATERIAL LOSSES WHICH ARE THE DIRECT RESULT OF OUR
OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THESE ELECTRONIC SERVICES. WE
SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY ELECTRONIC SERVICES OR FOR ANY
DISRUPTION OR DELAY IN PERFORMING ELECTRONIC SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION
OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT
LIMITED TO, FAILURE OR DISRUPTION OF ELECTRIC POWER, COMPUTER EQUIPMENT,
TELECOMMUNICATIONS
SYSTEMS, YOUR ISP, OR WEATHER CONDITIONS. WE SHALL HAVE NO LIABILITY
FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES OR INDIRECT LOSS UNDER ANY
CIRCUMSTANCES. EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THIS AGREEMENT, YOU AGREE TO
INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM
ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS'
FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE ELECTRONIC
SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
GOVERNING LAW/JURISDICTION/SEVERABILITY.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
New York
and any applicable Federal laws and regulations. You irrevocably submit to the jurisdiction of any Federal
or State court sitting in the State of New York for any action that you bring and agree that, in any action
brought under this Agreement, venue shall be placed in Suffolk County New York. A determination that
any part of this Agreement is invalid or unenforceable will not affect the remainder of
this Agreement.
ARBITRATION.
THIS AGREEMENT INCORPORATES BY REFERENCE THE TERMS AND PROVISIONS OF AN ARBITRATION
AGREEMENT. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE
BREACH THEREOF, UPON THE REQUEST OF THE MEMBER OR THE CREDIT UNION, SHALL BE SETTLED BY
MANDATORY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, OR
MUTUALLY AGREED UPON EQUIVALENT, UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT
ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT IN NEW YORK STATE
COUNTY OF SUFFOLK HAVING JURISDICTION THEREOF.
CONSENT AND AGREEMENT.
By selecting "I Agree" and by continuing to use our services, I agree: (1) I have software and equipment
that satisfies the above requirements; (2) to receive information about the electronic service, including
the Agreement and any subsequent amendments to it, electronically; and (3) have received an
electronic version of the Agreement and Fee Schedule and agree to be bound by the terms and
conditions contained therein. I understand that I will be unable to proceed if I do not select “I agree.”
The Credit Union reserves the right to provide information and notices about the Open Transfer service
to me by non‐ electronic means. A copy of this Agreement can be printed using your browser’s print
command and a printer or may be requested by calling TFCU's member service department, (631)698‐
7000 ext. 6870.