Due to system maintenance, Online Banking and Mobile Banking will be unavailable briefly Wednesday, March 21st 5:15pm - 5:45pm EST (2:15pm - 2:45pm PST). We apologize for any inconvenience this may cause.
Click here for a printable copy of the Online and Mobile Banking Disclosure.
Honda FCU Online and Mobile Banking Terms and Conditions
Honda Federal Credit Union (Honda FCU) requires that all the visitors to our site(s) on the Internet (the "Site") adhere to the following rules and regulations. By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.
Honda FCU maintains this Site to provide you with information about Honda FCU products and services and to facilitate communication with Honda FCU and its related companies. Your access to and use of the Site are subject to these terms and conditions and all applicable laws and regulations. From time to time we may revise these terms and conditions.
Copyright in the pages, screens, text and images appearing at the Site is owned by Honda FCU or others as indicated. You may copy information from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The information and materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions without the express written permission of Honda FCU.
You may not be eligible for all the products or services described. Honda FCU reserves the right to determine the eligibility for any product or service.
Any communication or material you transmit to us via the Site or Internet electronic mail is on a non-confidential basis with no promise by Honda FCU not to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting.
We will use our best efforts to include accurate and up to date information on the Site, but we make no warranties or representations as to the accuracy of the information. You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your access to or use of the Site, (even if we have been advised of the possibility of such damages) including liability associated with any viruses which may infect a user's computer equipment.
With regard to services or products purchased or obtained by the user from a non-Honda FCU person or entity, Honda FCU makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services and products and Honda FCU specifically disclaims all other warranties with regard to said services and products.
You agree that your use of this site shall be governed by California law and agree that venue shall be located in Torrance, CA.
Use and Access Agreement
Online Banking can be used to access certain Honda FCU accounts. Each of your accounts at Honda FCU is also governed by the applicable account disclosure statement (your "Account Disclosures").
Please note that fees may be assessed and billed separately by your online service provider.
c) Electronic Mail (E-mail)
You cannot use E-mail to initiate transactions on your account(s). For banking transactions, please use the appropriate functions within Online or Mobile Banking or call 1-800-634-6632.
d) New Services
e) Types of Transactions Allowed Using Online Banking
f) Limitations to Usage - Please be aware of the following account limitations:
a) Enhanced Security
If you have any questions, please contact the credit union at 1-800-634-6632.
From time to time you may be asked to answer questions within your online banking session, based upon the banking activity you are executing. These questions are posed to authenticate your account for security purposes. If for any reason you are unable to answer the questions correctly, you will be prevented from completing the banking activity at that time. You will need to retry that activity at a future’ time
b) Your User ID and Password
You will also be given a temporary account password to log onto online banking for the very first time. Once you have logged in, you will be asked to change your password. You will be asked to select a strong 8-32 character password that is alphanumeric, case sensitive, and requires the use of at least one special character (e.g. ,!@#$%&). This password can be changed by calling us at 1-800-634-6632.
We recommend that you change your password regularly. Honda FCU is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize this password and do not write it down. You are responsible for keeping your password and account data confidential.
c) Payment Account Although there are no fees for accessing your accounts via Online Banking, you may be asked to designate a payment account for selected services such as Bill Pay. You agree to pay promptly all fees and charges for services provided under this Agreement, and authorize us to charge the account that you have designated as the payment account or any other account for the fees.
If you close the payment account, you must notify Honda FCU and identify a new payment account for the selected services. Additionally, if you close all Honda FCU accounts, you must notify Honda FCU to cancel your Online Banking and Bill Pay if applicable.
Your Online Banking may be canceled at any time without prior notice due to insufficient funds in one of your accounts. After cancellation, Online Banking may be reinstated, once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to reinstate your services, you must call Honda FCU at 1-800-634-6632.
If you do not schedule or process a payment in your Honda FCU bill payment account via Online Banking for any twelve (12) month period, Honda FCU reserves the right to discontinue your service. Please note that your bill payment information will be lost if your service is discontinued.
If you do not access your Honda FCU accounts via Online Banking for any three month period. Honda FCU reserves the right to discontinue your service.
You agree to be responsible for any telephone charges which you incur by accessing your Honda FCU accounts through Online Banking.
If you wish to cancel your Online Banking, please contact Honda FCU at 1-800-634-6632 or send us cancellation instructions in writing to Honda Federal Credit Union, P. O. BOX 2290, Torrance, CA 90509-2290.
e) Hours of Accessibility
A transfer initiated through Online Banking is posted to your account the same day.
Our business days are Monday through Friday, except for credit union holidays. "Credit Union" shall mean all holidays observed by Honda FCU.
f) Additional Terms and Conditions
Mobile Banking features and services may vary depending on the method of Mobile Banking we offer and the method you select. The Service lets you view your balance(s), view transaction history, transfer funds, deposit funds, pay loans, receive alerts, or find nearby ATM or branch locations from a mobile phone. In addition to:
The Credit Union’s Truth in Savings and Electronic Services Disclosure and Agreement which includes disclosures applicable to Online Banking also governs use of Mobile Banking, your access and your password and is incorporated herein by this reference as if set forth in full. You acknowledge receipt of the Credit Union’s Truth in Savings and Electronic Services Disclosure and Agreement. The Terms and Conditions of which are incorporated herein by this reference. In the event any provision in the Truth in Savings and Electronic Services Disclosure and Agreement conflicts with any provision in this Agreement, the parties agree that this Agreement shall control. In your electronic communications with us, you must use your User ID and Password. You may then use the tools provided by us.
We are entitled to act upon instructions we receive with respect to the Service under your User ID and Password and you are liable for all transactions made or authorized with the use of your User ID and Password. We have no responsibility for establishing the identity of any person who uses your User ID and Password. You agree that if you give your User ID and Password to anyone or fail to safeguard its secrecy, you do so at your own risk.
You agree that we shall not be responsible for any loss, property damage or bodily injury arising out of or resulting from our failure to provide you with access to Service, whether caused by the equipment, software, the Credit Union, Internet services providers, Internet browsers, or the parties providing communication services to or from us to you. We are not liable for war, acts of government that may restrict or impair use of the Service, hurricanes, floods or other disasters, nor shall we be responsible for any direct, indirect, special or consequential, economic or other damages relating in any way to the foregoing.
By directing us, the Service used in conjunction with your User ID and Password, you authorize us to complete the transaction. Any requests or instructions we receive from you through the Service constitute writings with your signature as provided under all applicable law, and shall have the same force and effect as a writing signed by you.
Your access to Service will be blocked in the event your User ID and Password are entered incorrectly on 5 consecutive attempts. If this happens, please call us at 1-800-634-6632 to have your account unlocked.
Your failure to comply with these Terms and Conditions will result in you no longer being allowed to use the Service.
You understand the importance of your role in preventing misuse of your accounts through the Service and you agree to promptly examine your statement for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information. Notwithstanding our efforts to insure that the Service is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Service or e-mail transmitted to and from us, will not be monitored or read by others.
You agree to comply with all applicable laws, rules and regulations in relation with Mobile Banking. We make no representation that content or use of Mobile Banking is available for use in locations outside the United States. Accessing from locations outside of the United States is at your own risk.
d) Mobile Deposit
The accounts allowed for deposit through this service are Savings, Checking, Money Market, and Investors Advantage Accounts. You may not deposit checks to loans, share certificates, IRA accounts, Honda Cash accounts, Honda of America business checking accounts or American Honda Corporate checking accounts.
To use this service, click on the Mobile Deposit button located on the Account Menu screen found within the application or browser based mobile banking screen you are using. All open and qualifying shares will be displayed that are available for deposit. You will then be asked to complete three steps:
In the event that you forget to select an account to deposit to, an amount to deposit, or take a photo, you will receive an error when you submit the image for deposit. The error message will indicate what information needs to be corrected.
You can get to the View History screen by pressing the hardware menu button and then the “View History” option on your Android phone. You can press the History button on an Apple product. Within the View History screen, you can select a deposit to view the images of the front and back of that specific check. Images will be available to view for up to 90 days.
In the event that the deposited check is rejected during final processing, your account will be debited for the return item within one business day. You will also receive an email indicating the deposited item was not accepted.
The maximum dollar limit of a check to be deposited and accepted by the Mobile Deposit system is $3,000. The daily aggregate limit for deposit is $3,000. Your account will be given immediate credit for up to $3,000 deposited daily; however, adjustments to this amount can occur. For the first 30 days, new accounts are restricted to a maximum deposit of $1,000 per item and a daily aggregate limit of $1,000. The first $200 of your deposit will be available on the first business day. At our discretion we may hold a check for up to 5 days, as applicable by law. The minimum check amount that can be deposited is $0.01. A day (24 hours) begins at 12:00:00 am ET and continues to 11:59:59 pm ET.
This service is available on Apple iPhones, iPads, and iTouch devices operating iOS 4.3 or greater with a camera. It is available on Android devices. It is not available on iPads 1 and 2, Blackberry devices, devices running Windows, or through the use of the texting service.
This service can be used 24 hours a day, seven days a week, except when our system is unavailable due to needed maintenance or system outages. We are not responsible for the unavailability of the service or any damages that may result from its availability. If the service is not available for any reason or checks cannot be processed by means of the service, you may deposit the checks at any of our branches or by mail.
If you have an error or question with respect to any deposit, please follow the instructions listed in this document under 5. General Terms ( c) Questions or Error Correction on Online Banking Transactions. Honda FCU reserves the right to conduct possible periodic audits of the mobile capture process.
Only the following items are eligible for Mobile Remote Deposit: checks drawn on U.S. financial institutions in U.S. dollars, or checks drawn on the United States Treasury, or checks drawn on any state or local government of the United States. Check must be payable to you and endorsed by you. You agree not to attempt to use Mobile Remote Deposit to deposit checks with any of the following characteristics:
The check images transmitted via Mobile Deposit must be legible and compliant with requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve, or any other regulatory agency, clearinghouse or association. We may terminate or change the terms of Mobile Deposit service at any time, including but not limited to the categories of checks we will accept for deposit via Mobile Deposit or endorsement requirements, with or without notice to you. We may, at our sole discretion, refuse to accept any item presented for deposit via Mobile Deposit. Via the previously agreed upon method, we will notify you if we do this. We will have no liability to you for declining to accept items presented for deposit via Mobile Deposit.
You agree not to copy, reproduce, distribute or create derivative works from the content of the Mobile Deposit service or to reverse engineer or reverse compile any technology used to provide the Mobile Deposit service. Honda FCU and our third party service providers, if any, retain all ownership and proprietary rights in the Services, associated content, technology and web sites. After receipt by Honda FCU of any transmission by you of imaged items for deposit to your account, Honda FCU will acknowledge by electronic means its receipt of such electronic transmission. Your electronic transmission is subject to proof and verification. You shall retain the original of all imaged items that have been deposited via Mobile Deposit for a reasonable period of time in order to verify settlement and credit or to balance periodic statements, but at least ninety (90) days from the date processed, and shall properly destroy and dispose of such original checks after such time. During the period that you maintain the original checks, you understand and agree that you must use a high degree of care to protect these original checks against security risks. These risks include, without limitation, (i) theft or reproduction of the original checks for purposes of presentment for deposit of these original checks (i.e., after the original checks have already been presented for deposit via the Mobile Deposit service) and (ii) unauthorized use of information derived from the original checks. When you destroy and dispose of the original checks pursuant to the requirements of this Agreement, you understand and agree that you must use a high degree of care when selecting and implementing destruction and disposal procedures. Among other things, these procedures must be designed to ensure that the original checks are not accessed by unauthorized persons during the destruction and disposal process, and, once destroyed, the original checks are no longer readable or capable of being reconstructed (e.g., through the use of competent shredding equipment).
We may terminate your use of Mobile Deposit and therefore mobile banking service at any time, with or without cause. We may suspend or terminate the service without prior notice to you if: you breach any agreement with us; we believe there has been or may be a breach in the security of the service or unauthorized activity involving your account; or we are uncertain regarding the authorization, completeness, or accuracy of check information sent to us. Any termination will not affect obligations arising prior to termination, such as the obligation to process checks transmitted to us prior to the termination date or your obligation to indemnify us.
Our liability and your remedy for actual costs and losses resulting from our failure to process checks in accordance with the Terms and Conditions shall not exceed the direct money damages that you incur as a result of our failure. We will not be responsible for any loss, delay, cost or liability which arises, directly or indirectly, in whole or in part, from: (a) your actions or omissions, or those of third parties who are not within our immediate and reasonable control; (b) your negligence or breach of any agreement with us; (c) any ambiguity, inaccuracy, or omission in any information provided to us; (d) any error, failure, or delay in the transmission or delivery of data, records, or checks due to a breakdown in any computer, mobile transmission, or communications facility; (e) accidents, strikes, labor disputes, civil unrest, fire, flood, water damage (e.g. from fire suppression systems), or acts of God; (f) causes beyond our reasonable control; (g) our inability to confirm to our satisfaction the authority of any person to act on your behalf; (h) your failure to provide us with complete and correct check images and data in accordance with the Terms and Conditions and our Service instructions; (i) the return of any check by the institution upon which it is drawn; (j) the unavailability of the service for any reason; (k) any information that is lost, intercepted, or destroyed during its transmission to us; or (l) limitations placed on transactions by the Federal Reserve, clearing houses, or exchange network rules or guidelines. Although we may attempt to detect errors in your instructions (e.g. you send an image of the same check to us twice) we assume no liability for failing to do so. We will not be responsible under any circumstances or under any legal theory for special, indirect, or consequential damages, including (without limitation) any loss of profits, opportunity, or goodwill, that you incur as a result of our actions or omissions, even if we are aware of the possibility for such damages.
You understand and agree that you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any Reconverting Credit Union and Truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back of the original check. Honda FCU and its agents may, but shall have no obligation, to screen items or substitute checks for legal compliance. You agree to defend, indemnify, and hold Honda FCU and its agents harmless from and against all liability, damage, and loss arising out of any claims, suits, or demands brought by third parties with respect to any such substitute checks.
e) Mobile Bill Pay
f) Cancellation of Service
To Stop access from your phone using text, browser or application access, go into Online Banking and change your password. This will disable Online Banking access from your Mobile Phone.
To uninstall an application downloaded to your Mobile Phone, follow the procedures you would use to uninstall any other application.
You may also call the Contact Center at 1-800-634-6632 to have a Member Service Representative disable account access through mobile banking.
h) User Conduct
We reserve the right to change the charges, fees or other terms described in this Agreement. When changes are made to any fees, charges, or other material terms we will update this Agreement, and either send a notice to you at the address shown on our records, or send you an electronic mail message (E-mail). The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees for internet transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within (30) days after the change. As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.
b) Disclosure of Account Information
Through Honda FCU Online Banking involving a Honda FCU account, you should do one of the following:
c) Questions or Error Correction on Online Banking Transactions
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 1-800-634-6632 to find out whether or not the deposit has been made. You may also enroll in Online Account Alerts within Online Banking to notify you of deposits to your account.
Periodic statements. You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly).
Right to stop payment on drafts or preauthorized debits and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:
If we do not complete a transfer to or from your Honda FCU account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable:
d) Other General Terms
Honda Federal Credit Unions Right to Terminate this Agreement. The Credit Union reserves the right to terminate this Use and Access Agreement and your access to Online Banking, in whole or in part, at any time.
Assignment. Honda Federal Credit Union may assign or delegate certain of its rights and responsibilities under this Use and Access Agreement to independent contractors or other third parties.
Protecting Personal Information. In addition to protecting your account information, you should take precautions to protect your personal identification information, such as your driver’s license, Social Security Number, etc. This information by itself or together with information on your account may allow unauthorized access to your account(s). It is your responsibility to protect personal information with the same level of care that you protect your account information.
Taking Care of Your User ID and Password. The User ID and password that is used to gain access to Online and Mobile Banking should be kept confidential. For your protection we recommend that you change your password regularly. We recommend that you memorize this password and do not write it down. You are responsible for keeping your User ID, password, account numbers and other account data confidential. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify Honda FCU at once at 1-800-634-6632.
b) Unauthorized Transactions in Your Honda FCU Accounts
If your password has been compromised and you tell us within two (2) business days after your learn of the loss or theft, you cannot be liable for more than $50 if someone used your password without your permission to access a Honda FCU deposit account. If you do NOT tell us within two (2) business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could be liable for as much s $500.
Also, if your statement shows withdrawals, transfers or purchases that you did not make or authorize, please notify us at once. If you do not notify us within sixty (60) days after the paper or online statement was sent to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If extenuating circumstances, such as a long trip or hospital stay kept you from telling us, the time periods in this section will be extended.
NEITHER THIS INSTITUTION NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR EMAIL REQUESTING PERSONAL INFORMATION, YOUR ACCESS ID, OR YOUR PASSCODE. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMATION, PLEASE CONTACT US IMMEDIATELY at 1-800-634-6632.
Whenever SSL is securing your communications, the browser will typically indicate this secure session by changing the appearance of a small icon of a padlock at the bottom of the screen from “open” to “locked”. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet.
Certificate Authority - The servers hosting the Service have been certified by a Certificate Authority to assure you that you are actually talking to the Service instead of someone pretending to be us. If you are using an older browser, you will see that the Certificate Authorities key may have expired; you will need to update your browser. Instructions for upgrading your browser are located on the Browser SSL Update link, which is located on the Service login page. By clicking on the lock within the Service, you can view the certificate to ensure it’s valid.
d) Additional Security Guidelines:
The security of public computers (e.g. in a library, or Internet café) cannot be assured; therefore we recommend that you refrain from accessing the Service on a public computer.
Routinely scan your computer, servers, and electronic media using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit a virus to other computers.
Use a firewall product (hardware and/or software), especially if you have a broadband Internet connection such as DSL or cable modem.
Periodically update your computer operating system and browser for critical security related patches. We recommend use of the most current, fully patched, versions of Internet browsers for accessing the Service.
e) Your Password Responsibilities
If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us at once by calling 1-800-634-6632 during customer service hours. You can also contact us by sending a secure message through the Service.
IF YOU OR YOUR AUTHORIZED USERS DISCLOSE YOUR PASSCODE TO ANYONE, AND/OR IF YOU ALLOW SOMEONE TO USE YOUR PASSCODE TO ACCESS YOUR ACCOUNTS, YOU ARE AUTHORIZING THEM TO ACT ON YOUR BEHALF AND YOU WILL BE RESPONSIBLE FOR ANY USE OF THE SERVICE BY THEM (E.G., SUCH AS WHEN YOU PROVIDE THIS INFORMATION TO A JOINT ACCOUNT HOLDER, AN EMPLOYEE, AND/OR AN AGGREGATION SERVICE PROVIDER).
In addition to the security features described above, there may be other security related notices posted on our website or the Service from time-to-time. It is your responsibility to read all security notices.
Access to our Service may be canceled in whole or part without prior notice, for any reason at any time, including due to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. If your account(s) is closed or restricted for any reason accessibility will automatically terminate.
After termination or suspension of the Service, we may consider reinstatement once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. In order to request reinstatement of the Service, you may reapply online as long as your account is open and in good standing.
f) Exclusions of Warranties and Limitation of Damages
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT THE SERVICE IS SECURE, WE CANNOT AND DO NOT WARRANT THAT ALL DATA TRANSFERS VIA THE SERVICE WILL BE FREE FROM MONITORING OR ACCESS BY OTHERS.
YOU ARE SOLELY RESPONSIBLE FOR THE MAINTENANCE, INSTALLATIONS, AND OPERATION OF YOUR COMPUTER AND MOBILE DEVICE(S). NEITHER THE CREDIT UNION NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY DELAYS, ERRORS, DELETIONS, OR FAILURES THAT OCCUR AS A RESULT OF ANY MALFUNCTION OF YOUR COMPUTER OR SOFTWARE.
THE FOREGOING SHALL CONSTITUTE HONDA FEDERAL CREDIT UNION AND ITS SERVICE PROVIDER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL HONDA FEDERAL CREDIT UNION OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR ATTORNEYS FEES (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR YOUR USE OF THE SERVICE.
h) No Waiver
This Agreement shall be governed by and construed in accordance with federal laws and the laws of the State of California, without regard to its conflicts of laws provisions.
UNLESS OTHERWISE REQUIRED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY THE SERVICE. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEES, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF THE SERVICE. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY