CU*Forms – Request for Forms

REPRESENTATIONS AND WARRANTIES.

CREDIT UNION represents and warrants its use of the Forms, including but not limited to the system hosting the Forms, will not infringe on any third-party’s valid and enforceable intellectual property rights.

DISCLAIMER.

CU*ANSWERS DOES NOT REPRESENT OR WARRANT THAT THE FORMS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE FORMS ARE PROVIDED TO CREDIT UNION "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND CU*ANSWERS EXPRESSLY DISCLAIMS, AND CREDIT UNION EXPRESSLY WAIVES, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE FORMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, ERROR-FREE OPERATION, UNINTERRUPTED ACCESS, AND/OR NON-INFRINGEMENT.

CREDIT UNION’S USE OF THE FORMS IS AT CREDIT UNION’S OWN DISCRETION AND RISK, AND CREDIT UNION WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE FORMS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO MEMBER INFORMATION, PRIVACY OR SECURITY, OR LOSS OF DATA.

LIMITATION OF LIABILITY.

CU*ANSWERS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE OR RESPONSIBLE TO CREDIT UNION FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF, RELATED IN ANY WAY TO, OR IN CONNECTION WITH USE OF THE FORMS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF, RELATED IN ANY WAY TO, OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE FORMS, EVEN IF CU*ANSWERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL CU*ANSWERS BE LIABLE OR RESPONSIBLE TO CREDIT UNION FOR ANY AMOUNT.

RELEASE AND WAIVER.

To the maximum extent permitted by applicable law, CREDIT UNION hereby releases and waives all claims against CU*ANSWERS, and its directors, officers, agents, and employees from any and all liability for suits, claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from, in connection with, or in any way related to CREDIT UNION’S or its members' use of the Forms. CREDIT UNION understands that any fact relating to any matter covered by this release may be found to be other than now believed to be true and CREDIT UNION accepts and assumes the risk of such possible differences in fact. In addition, CREDIT UNION expressly waives and relinquishes any and all rights and benefits which CREDIT UNION may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

HOLD HARMLESS AND INDEMNITY.

CREDIT UNION agrees that CU*ANSWERS shall have no liability or responsibility whatsoever for any use CREDIT UNION makes of the Forms. In addition to, and without limiting in any way, the hold harmless and indemnity in the Master Services Agreement, CREDIT UNION agrees to indemnify, defend and hold harmless CU*ANSWERS and its directors, officers, agents, and employees from and against any and all suits, claims, damages, judgments, liabilities, costs and fees (including reasonable attorneys' fees) arising from, in connection with, or in any way related to CREDIT UNION’s or its members'/consumers’ use of the Forms, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.