13
14
24. Service Cancellation, Termination, or Suspension
If you wish to cancel the Service, you may contact us as set forth in paragraph 10,
“Your Liability for Unauthorized Electronic Funds Transfers,” under ”General Mobile
Banking, Online Banking, and Bill Pay Terms and Conditions” above. Any payment(s)
that has/have begun processing before the requested cancellation date will be
processed by us. All Scheduled Payments (including recurring payments) will not be
processed once the Service is canceled.
You agree that we may terminate or suspend your use of the Service(s) at any time
and for any reason or no reason. Any payment(s) that we have already processed
before the termination or suspension date will be completed by us. All Scheduled
Payments (including recurring payments) will not be processed once the Service(s) is/
are terminated or suspended.
Neither termination nor suspension shall affect your liability or obligations under
this Agreement.
Navy Federal reserves the right to deny access to any one or more account(s) or
to the Service(s) or any part thereof, or to deny the processing of transactions, in
order to prevent or stop fraud or illegal activity or to maintain or restore security
or performance to the Site or any other Navy Federal system. We may do so if we
reasonably believe your account(s) has been or may be used by an unauthorized
person(s) or for fraudulent or illegal activity. We may try to notify you in advance, but
cannot guarantee we will do so.
Navy Federal reserves the right to revoke or refuse Mobile or Online Banking Services.
We may cancel your Mobile or Online Banking Services at any time with or without
written notice to you. For example (and not excluding other examples), if you do not
provide us with your current mailing address and email address, we may cancel your
services until you provide us with your current addresses.
25. Remedies
If we have reason to believe that you have engaged in any of the prohibited or
unauthorized activities described in this Agreement or have otherwise breached your
obligations under this Agreement, we may terminate, suspend, or limit your access
to or use of the Site, the Navy Federal website, and/or the Service(s); notify law
enforcement, regulatory authorities, impacted third parties, and others as we deem
appropriate; refuse to provide our Service(s) to you in the future; and/or take legal
action against you. In addition, we, in our sole discretion, reserve the right to terminate
this Agreement, access to the Site, Navy Federal website, and/or use of the Service(s)
for any reason or no reason and at any time. The remedies contained in this paragraph
are cumulative and are in addition to the other rights and remedies available to us
under this Agreement, by law or otherwise.
26. Indemnification
You agree to defend, indemnify, and hold harmless us and our Affiliates and Service
Providers and their Affiliates and the employees and contractors of each of these,
from any loss, damage, claim, or demand (including attorneys’ fees) made or
incurred by any third party due to or arising out of your breach of this Agreement,
your use of Navy Federal’s mobile app or website, and/or the Services offered
through Mobile or Online Banking.
27. Release
You release us and our Affiliates and Service Providers and the employees and
contractors of each of these, from any and all claims, demands, and damages (actual
and consequential) of every kind and nature arising out of or in any way connected
with any dispute that may arise between you or one or more other users of the Site,
Navy Federal website, or the Service(s). In addition, you waive California Civil Code
§1542, which states that a general release does not extend to claims that the creditor
does not know or suspect to exist in his or her favor at the time of executing the
release, which if not known by him or her, must have materially affected his or her
settlement with the debtor.
28. Relationship to Other Agreements
You agree that when you use Mobile and Online Banking Services, you will remain
subject to the terms and conditions of all existing agreements with our affiliates
and
us. You acknowledge that certain wireless service providers and/or wireless
carriers may assess fees, limitations, and/or restrictions that might impact your
use of Mobile or Online Banking (for example, your mobile service carrier or provider
may impose data usage or text charges for your use of or interaction with Mobile
Banking, including downloading the software, receiving or sending Mobile Banking
text messages, or other use of your wireless device when using the software or other
products and services provided by Mobile Banking). You expressly agree that you are
responsible for all such fees, limitations, and restrictions.
29. Intellectual Property
All marks and logos related to the Service(s) are either trademarks or registered
trademarks of us or our licensors. In addition, all page headers, custom graphics,
button icons, and scripts are our service marks, trademarks, and/or trade dress or
those of our licensors. You may not copy, imitate, or use any of the above without
our prior written consent, which we may withhold in our sole discretion, and you
may not use them in a manner that is disparaging to us or the Service(s) or display
them in any manner that implies our sponsorship or endorsement. All right, title,
and interest in and to the Service(s), that portion of the Navy Federal website and/
or the Site through which the Service(s) is/are offered, the technology related to the
Navy Federal website, the Site and Service(s), and any and all technology and any
content created or derived from any of the foregoing, is our exclusive property or
that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts,
or other information you may send to us through or regarding the Navy Federal
website, the Site, or Service(s) shall be considered an uncompensated contribution
of intellectual property to us and our licensors, shall also be deemed our and our
licensors’ exclusive intellectual property, and shall not be subject to any obligation of
confidentiality on our part. By submitting any such materials to us, you automatically
grant (or warrant that the owner of such materials has expressly granted) to us and
our licensors a perpetual, royalty-free, irrevocable, non-exclusive right, and license to
use, reproduce, modify, adapt, publish, translate, publicly perform and display, create
derivative works from, and distribute such materials or incorporate such materials into
any form, medium, or technology now known or later developed, and you warrant that
all so-called “moral rights” in those materials have been waived, and you warrant that
you have the right to make these warranties and transfers of rights.
30. Exclusions of Warranties
THE NAVY FEDERAL WEBSITE, THE SITE AND SERVICE(S), AND RELATED
DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO
NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR TIMELY ACCESS TO ANY
PART OF OUR SERVICE(S), AND OPERATION OF THE NAVY FEDERAL WEBSITE AND
THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE.
31. Limitation of Liability
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE
ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS
AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE
SERVICE(S) AND THE PORTION OF THE NAVY FEDERAL WEBSITE OR SITE
THROUGH WHICH THE SERVICE(S) IS/ARE OFFERED. YOU ACKNOWLEDGE
AND AGREE THAT FROM TIME TO TIME, THE SERVICE(S) MAY BE DELAYED,
INTERRUPTED, OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE
AMOUNT OF TIME FOR REASONS INCLUDING, BUT NOT LIMITED TO,
ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF
THE SERVICE(S), WHETHER CAUSED BY STRIKES, POWER FAILURES,
EQUIPMENT AND SOFTWARE MALFUNCTIONS, INTERNET DISRUPTION, OR