Common use of Commercially Reasonable Clause in Contracts

Commercially Reasonable. You represent that you have carefully considered the circumstances of your use of the Services and the transactions and activity that you will effect through the Services, and you acknowledge and agree that the Access Credentials constitute commercially reasonable security procedures under applicable law for the transactions and activity you intend to effect through the Services. You further acknowledge and agree that neither the Access Credentials nor any other security procedures that may be used in connection with any Service are designed to detect error in the transmission or content of communications or instructions made through the Service and that you bear responsibility for detecting and preventing such error. We may implement out-of-band authentication as a security procedure for certain Services. In order to use out-of-band authentication, you may be required to have a compatible telephone (including a mobile phone) and to provide us your telephone number so that we may send authentication challenges to your telephone. If we implement out-of-band authentication for a Service and you do not have the telecommunications equipment required for such authentication, or if you do not provide us with information we need in order to send authentication challenges to your telecommunications equipment, we may not allow you to use the Service. We reserve the right to modify, amend, supplement, or cancel any or all security procedures, and/or to cancel or replace any Access Credentials, at any time and from time to time in our discretion. We will endeavor to give you reasonable notice of any change in security procedures, but we may make any change in security procedures without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. Your implementation and use of any changed security procedures and/or continued use of the Services after any change in security procedures shall constitute your agreement to the change and your agreement that the applicable security procedures, as changed, are commercially reasonable and adequate for the purposes intended. Subject to the applicable provisions of consumer protection laws and regulations, if we offer or suggest that you use any particular Access Credentials or other commercially reasonable security procedures in connection with any Service and you refuse to use such Access Credentials or other security procedures and instead use different Access Credentials or security procedures, you agree to be bound by any Service transaction, whether authorized or unauthorized, made in your name and accepted by us pursuant to such different Access Credentials or security procedures. In any event, we may not allow you to use a Service if you do not use Access Credentials or security procedures recommended or required by us with respect to such Service.

Commercially Reasonable. You represent that you have carefully considered the circumstances of your use of the Services and the transactions and activity that you will effect through the Services, and you acknowledge and agree that the Access Credentials constitute commercially reasonable security procedures under applicable law for the transactions and activity you intend to effect through the Services. You further acknowledge and agree that neither the Access Credentials nor any other security procedures that may be used in connection with any Service are designed to detect error in the transmission or content of communications or instructions made through the Service and that you bear responsibility for detecting and preventing such error. We may implement out-out- of-band authentication as a security procedure for certain Services. In order to use out-of-band authentication, you may be required to have a compatible telephone (including a mobile phone) and to provide us your telephone number so that we may send authentication challenges to your telephone. If we implement out-of-band authentication for a Service and you do not have the telecommunications equipment required for such authentication, or if you do not provide us with information we need in order to send authentication challenges to your telecommunications equipment, we may not allow you to use the Service. We reserve the right to modify, amend, supplement, or cancel any or all security procedures, and/or to cancel or replace any Access Credentials, at any time and from time to time in our discretion. We will endeavor to give you reasonable notice of any change in security procedures, but we may make any change in security procedures without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. Your implementation and use of any changed security procedures and/or continued use of the Services after any change in security procedures shall constitute your agreement to the change and your agreement that the applicable security procedures, as changed, are commercially reasonable and adequate for the purposes intended. Subject to the applicable provisions of consumer protection laws and regulations, if we offer or suggest that you use any particular Access Credentials or other commercially reasonable security procedures in connection with any Service and you refuse to use such Access Credentials or other security procedures and instead use different Access Credentials or security procedures, you agree to be bound by any Service transaction, whether authorized or unauthorized, made in your name and accepted by us pursuant to such different Access Credentials or security procedures. In any event, we may not allow you to use a Service if you do not use Access Credentials or security procedures recommended or required by us with respect to such Service.