The Federal Reserve Regulation GG imposes restrictions on financial institutions with respect to transactions conducted for the purpose of “placing, receiving, or otherwise knowingly transmitting a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made,” you hereby represent and warrant that said restricted transactions will not be processed through this service.
You agree to indemnify and hold Us harmless for any fees, fines, sanctions, or other damages that We incur in connection with your use of the services provided herein.
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING THIS SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR ANY OTHER WARRANTY OF ANY KIND.
THIS SERVICE AND THE INFORMATION, DATA AND FEATURES ASSOCIATE HEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASES. WE SHALL NOT BE LIABLE TO YOU OR YOUR COMPANY, EMPLOYEES, AGENTS, OFFICER, OWNERS, OR THIRD PARTIES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OR IMPAIRMENT OF BUSINESS OPPORTUNITY OR PROFIT, WHETHER OR NOT WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS THAT YOU YOUR COMPANY, EMPLOYEES, AGENTS, OFFICER, OWNERS, OR THIRD PARTIES MAY HAVE OR ASSERT AGAINST US TO THE EXTENT SUCH CLAIMS ARE RELATED, DIRECTLY OR INDIRECTLY, TO YOUR USE OF THIS SERVICE. FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, “DAMAGES” SHALL BE DEFINED BROADLY AND SHALL INCLUDE, WITHOUT LIMITATION, ANY AND ALL LOSS, INJURY, CLAIMS (WITH OR WITHOUT MERIT), EXPENSES, PENALTIES AND FEES, INCLUDING ATTORNEYS’ FEES AND ACCOUNTANTS’ FEES.
Certain jurisdictions may not permit one or more of the exclusions or limitations provided above. To the extent that the law of one of these jurisdictions applies to the service provided herein, Our warranties and damages shall be limited to the maximum extent permitted under the law of the applicable jurisdiction.
To the maximum extent permitted under applicable law, this Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to the services provided hereunder, or the negotiation, execution or performance of these terms and conditions (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with the services provided hereunder or as an inducement to enter into these terms and conditions), shall be governed by, and enforced in accordance with, the internal laws of the State of Georgia, including its statutes of limitations.
These terms and conditions are subject to the provisions of the Deposit Account Terms and Conditions Agreement that you have entered into with Cadence Bank (the “Account Terms”), the terms of which are incorporated herein by this reference. To the extent that these terms and conditions and the Account Terms conflict, these terms and conditions shall govern with respect to the specific services provided hereunder.
These terms of service and the Account Terms represent the entire agreement of the parties hereto as they relate to the subject matter hereof and supersede all other oral, electronic, or written communications between the parties hereto.