Compliance and Indemnification. (a) You agree to use the Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks for deposit and will handle the original checks in accordance with applicable laws, rules and regulations. (b) Any image of a check that you transmit using the Service must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements. (c) You are responsible for any loss or overdraft plus any applicable fees to your account due to a check being returned. (d) In the event any check that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check from your account. (e) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at branches or through ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks deposited using the Services have been received and accepted for deposit. (f) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction. (g) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the Service: (i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. (ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. (iii) You will not deposit or otherwise endorse to a third party the original check (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check (either the original check, or a paper or electronic representation of the original check) such that the person will be asked to make payment based on a check it has already paid. (iv) Other than the digital image of an original check that you remotely deposit through the Service, there are no other duplicate images of the original check. (v) You are authorized to enforce each check transmitted or are authorized to obtain payment of each check on behalf of a person entitled to enforce such transmitted check. (vi) The information you provided is true and correct. (vii) You have not knowingly failed to communicate any material information to us. (viii) You have possession of each original check deposited using the Service and no one will submit, or has submitted, the original check for payment. (ix) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems. (h) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the Service; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Compliance and Indemnification. (a) 7.1. You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) 7.2. Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements. Each image of a check shall also meet all standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve or any other regulatory agency, clearing house or association.
(c) 7.3. You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) 7.4. In the event any check Image that you transmit for remote deposit that is credited to your account Account is dishonored, you authorize us to debit the amount of such check item from your accountAccount.
(e) 7.5. You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
7.6. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through your ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit. You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature sustained by you as the result of your inability to use the Service.
(f) 7.7. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(g) 7.8. You make the following warranties and representations with respect to each image Image of an original check you transmit when to utilizing the ServiceApplication:
(i) 1. Each image Image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) 2. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) 3. You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) 4. Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) 5. You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
6. You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vi) 7. The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(vii) 8. You have not knowingly failed to communicate any material information to us.
(viii) 9. You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ix) 10. Files and images Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
11. In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
12. Member further warrants that no subsequent transferee, including but not limited to Credit Union, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original Item from which the Image(s) was created or a duplication (hwhether paper or electronic, including ACH entries) of the Item(s).
13. No Subsequent transferees of the Item(s), including but not limited to Credit Union, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original Check.
7.9. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s 's fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the our benefit of us and our officers, directors, employees, shareholders, and agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 2 contracts
Samples: Mobile Remote Deposit Capture End User License Agreement, Mobile Remote Deposit Capture End User License Agreement
Compliance and Indemnification. (a) a. You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) b. You agree you will not engage in any activity directly or indirectly related to the use of the Service that is illegal, fraudulent, or gambling related.
c. You acknowledge that you are not now engaged, and will not during the term of this Agreement engage in any business that would result in the Member being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations.
d. Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) e. You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) f. In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your accountaccount plus any applicable fees.
(e) g. You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
h. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATMs allowed ATM’s or by mailing the original check to your other financial institution credit union at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(f) i. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction. Checks deposited after 4:00 p.m. Monday- Friday will be available at the start of the next business day (excludes Saturdays, Sundays and holidays) at credit union opening.
(g) j. You make the following warranties and representations with respect to each image of an original check you transmit when to utilizing the ServiceApplication:
(i) i. Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) . The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) . You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) . Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) v. You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
vi. You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vi) vii. The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(vii) viii. You have not knowingly failed to communicate any material information to us.
(viii) ix. You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ix) x. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your our network, data, or related systems.
(h) xi. In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address.
(f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through your ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact you regarding such error or breach as set forth below.
(i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: Remote Deposit Capture Application End User License Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
(f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through your ATMs or by mailing the original check to your other financial institution credit union at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when to utilizing the ServiceApplication:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact you regarding such error or breach as set forth below.
(i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
(f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through your ATMs or by mailing the original check to your other financial institution bank at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when to utilizing the ServiceApplication:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact you regarding such error or breach as set forth below.
(i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.information
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
(f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through your ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) You agree In the event that you believe there has been an error with respect to indemnify and hold us harmlessany original check or image thereof transmitted for deposit, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions you will immediately contact you regarding such error or willful misconduct by you; (2) your use of the Service; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalfas set forth below.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) . Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account due to a check being returned.
(d) endorsements In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) . You are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATMs at a Credit Union Shared Branch location or at a Depository ATM or by mailing the original check to your other financial institution Energy Plus Credit Union at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(f) . Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(g) . You make the following warranties and representations with respect to each image of an original check you transmit when to utilizing the Service:
(i) Application: • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) . • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) . • You will not NOT deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already been paid.
. • Do not deposit a third party check, foreign check, stale−dated check (iv) check past the expiration date), post−dated check (a dated check with a future date), or a savings bond. If your check has been submitted through mobile deposit, do not in any way submit it again or take it to another financial institution to deposit. ALL duplicate checks will be rejected and may be a reason for Mobile Check Deposit to be disabled on your account. Any altered checks will be rejected. • Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) . • You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. • You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted check.
(vi) item. • The information you provided is remains true and correct.
(vii) correct and, in the event any such information changes, you will immediately notify us of the change. • You have not knowingly failed to communicate any material information to us.
(viii) . • You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ix) . • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(h) . • In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-partynon−party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the Service products and Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) . Any image of a check that you transmit using the Service Services must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) . You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) . In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) account plus fees. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at Bank branches or through ATMs or by mailing the original check to Bank at your other financial institution at its then current branch’s address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(f) . Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(g) . You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the Service:
(i) Services: Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) . The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) . You will not deposit or otherwise endorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) . Other than the digital image of an original check that you remotely deposit through the ServiceServices, there are no other duplicate images of the original check.
(v) . You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted check.
(vi) item. The information you provided is remains true and correct.
(vii) correct and, in the event any such information changes, you will immediately notify us of the change. You have not knowingly failed to communicate any material information to us.
(viii) . You have possession of each original check deposited using the Service Services and no one will submit, or has submitted, the original check for payment.
(ix) . Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your our network, data, or related systems.
(h) . In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. Eligible Items You agree to indemnify scan and hold us harmlessdeposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Regulation CC”). When the image of the check transmitted to Bank is converted to an Image Replacement Document for subsequent presentment and collection, along with our directors, officers, employees, shareholders, it shall thereafter be deemed an “item” within the meaning of Articles 3 and agents from 4 of the Uniform Commercial Code. Endorsements and against Procedures You agree to restrictively endorse any item transmitted through the Services as “For Deposit Only” or as otherwise instructed by Bank. You agree to follow any and all liabilities, losses, costs, expenses (including reasonable attorney’s fees), other procedures and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your instructions for use of the Service; (3) any breach Services as Bank may establish from time to time. Availability of Funds You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Services is received and accepted before 3:00 p.m. Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available the next business day from the day of deposit. Deposit Limits We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agentsAgreement, and licensorswe will not be obligated to allow such a deposit at other times. Each Daily and monthly deposit limits may vary for users of these individuals other Services. Errors in Transmission By using the Services you accept the risk that an item may be intercepted or entities expressly retains misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. Image Quality The image of an item transmitted to Bank using the right Services must be legible, as determined at the sole discretion of Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to assert time by Bank, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. Presentment The manner in which the items are cleared, presented for payment, and enforce those provisions directly against you on its own behalf.collected shall be at Bank’s sole discretion subject to the Agreement governing your account. You warrant to Bank that:
Appears in 1 contract
Samples: Online Banking, Mobile Deposit and Bill Payment Agreement
Compliance and Indemnification. (a) You agree to use the Service products and Services for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) . Any image of a check that you transmit using the Service Services must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) . You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) . In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) account plus fees. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at Bank branches or through ATMs or by mailing the original check to Bank at your other financial institution at its then current branch’s address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(f) . Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(g) . You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the Service:
(i) Services: Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) . The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) . You will not deposit or otherwise endorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) . Other than the digital image of an original check that you remotely deposit through the ServiceServices, there are no other duplicate images of the original check.
(v) . You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted check.
(vi) item. The information you provided is remains true and correct.
(vii) correct and, in the event any such information changes, you will immediately notify us of the change. You have not knowingly failed to communicate any material information to us.
(viii) . You have possession of each original check deposited using the Service Services and no one will submit, or has submitted, the original check for payment.
(ix) . Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your our network, data, or related systems.
(h) . In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below. Eligible Items You agree to indemnify scan and hold us harmlessdeposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Regulation CC”). When the image of the check transmitted to Bank is converted to an Image Replacement Document for subsequent presentment and collection, along with our directors, officers, employees, shareholders, it shall thereafter be deemed an “item” within the meaning of Articles 3 and agents from 4 of the Uniform Commercial Code. Endorsements and against Procedures You agree to restrictively endorse any item transmitted through the Services as “For Deposit Only” or as otherwise instructed by Bank. You agree to follow any and all liabilities, losses, costs, expenses (including reasonable attorney’s fees), other procedures and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your instructions for use of the Service; (3) any breach Services as Bank may establish from time to time. Availability of Funds You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Services is received and accepted before 5:00 p.m. CST / 4:00 p.m. MST on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available the next business day from the day of deposit. Deposit Limits We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agentsAgreement, and licensorswe will not be obligated to allow such a deposit at other times. Each Daily and monthly deposit limits may vary for users of these individuals other Services. Errors in Transmission By using the Services you accept the risk that an item may be intercepted or entities expressly retains misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors. Image Quality The image of an item transmitted to Bank using the right Services must be legible, as determined at the sole discretion of Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to assert time by Bank, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association. Presentment The manner in which the items are cleared, presented for payment, and enforce those provisions directly against you on its own behalf.collected shall be at Bank’s sole discretion subject to the Agreement governing your account. You warrant to Bank that:
Appears in 1 contract
Samples: Online Banking, Mobile Deposit and Bill Payment Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) i. Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) . The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) . You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) . Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) v. You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
vi. You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vi) vii. The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(vii) viii. You have not knowingly failed to communicate any material information to us.
(viii) ix. You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ix) x. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi. In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.and/or
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the Application and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account due to a check an item being returned.
(d) In the event any check item that you transmit for remote mobile deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your e-mail address, as this is the e- mail address where we will send you notifications of receipt of mobile deposit items and all other notifications.
(f) You understand and agree that the Services Service may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet or wireless service provider or other circumstances beyond our control. In the event that the Services are Service is unavailable, you acknowledge that you can deposit an original check at branches a branch or through ATMs a participating ATM or by mailing mail. The Credit Union is not responsible for providing an alternate method of remote deposit if the original check to your other financial institution at its then current addressservice is not available. It is your sole responsibility to verify that checks items deposited using the Services Service and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction. Daily cut-off time for processing is 3:00 PM EST. The Credit Union reserves the right to change the cut off time in its sole discretion. Such change shall be effective immediately and may be implemented before you receive notice of the change. You may contact us at any time to verify our current cut off time.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the Service:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the Service, there are no other duplicate images of the original check.
(v) You have ensured that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service and no one will submit, or has submitted, the original check for payment.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
(i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholdersmembers, agents, licensors and licensorsservice providers. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its their own behalf.
Appears in 1 contract
Compliance and Indemnification. (a) a. You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) b. Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) c. You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) d. In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) e. You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
f. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through your ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(f) g. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(g) h. You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) i. Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) . The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) . You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) . Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) v. You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
vi. You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vi) vii. The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(vii) viii. You have not knowingly failed to communicate any material information to us.
(viii) ix. You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ix) x. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(h) xi. In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact you regarding such error or breach as set forth below.
xii. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, and agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
(f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through your ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
(i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) A. You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) a. You agree that you will not engage in any activity directly or indirectly related to the use of the Service that is illegal, fraudulent, or gambling related.
b. You acknowledged that you are not now engaged, and will not during the term of this Agreement engage in any business that would result in the Member being or becoming a “money service business” as defined in the Bank Secrecy Act and its implementing regulations.
B. Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) C. You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) D. In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your accountaccount plus any applicable fees.
(e) E. You agree to notify us immediately if you become aware of a possible account breach.
a. Disputes will be handled as stated in our Account Agreement and Disclosure.
F. You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
G. You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATMs or by mailing the original check to your other our financial institution at its our then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(f) H. Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(g) I. You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) a. Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) b. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) c. You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) d. Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) e. You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
f. You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vi) g. The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(vii) h. You have not knowingly failed to communicate any material information to us.
(viii) i. You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ix) j. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(h) k. In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
J. You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.and/or
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) Ineligible items for deposit through this Service include: • Checks payable jointly, unless endorsed and deposited into an account in the name of all payees • Checks previously converted to a substitute check, as defined in Reg. CC • Checks drawn on a financial institution located outside the U.S. • Checks not payable in U.S. currency • Checks dated more than 6 months prior to the date of deposit • Checks that have been previously submitted through the Services or through a remote deposit capture offered at any other financial institution
(d) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(de) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your accountaccount.
(f) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
(eg) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through our ATMs or by mailing the original check to your other our financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fh) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gi) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.. You will retain such possession for a minimum of 60 days from the date of submission.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
(j) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
Compliance and Indemnification. (a) You agree to use the Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
(f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATMs or by mailing the original check to your other financial institution us at its then our current addressaddress (100 Circle Drive, Delta, CO 81416). It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gi) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(iii) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(iiiii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iiiiv) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(ivv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(vvi) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vii) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(viviii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiix) You have not knowingly failed to communicate any material information to us.
(viiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ixxi) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(xii) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
(h) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: Remote Deposit Capture Application End User License Agreement
Compliance and Indemnification. (a) You agree to use the products and Service for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable checks items for deposit and will handle the original checks items in accordance with applicable laws, rules and regulations.
(b) Any image of a check that you transmit using the Service Application must accurately and legibly provide all the information on the front and back of the check necessary to process the check, including any required endorsements.
(c) You are responsible for any loss or overdraft plus any applicable fees to your account Account due to a check an item being returned.
(d) In the event any check item that you transmit for remote deposit that is credited to your account is dishonored, you authorize us to debit the amount of such check item from your account.
(e) You agree to notify us immediately if you change your email address, as this is the email address where we will send you notification of receipt of remote deposit items.
(f) You understand and agree that the Services may at times be temporarily unavailable due to the system maintenance or technical difficulties including those of the internetInternet. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at your branches or through ATMs or by mailing the original check to your other financial institution at its then current address. It is your sole responsibility to verify that checks items deposited using the Services and Application have been received and accepted for deposit.
(fg) Processing of transactions may be limited based on our normal hours of operation, or those of third party financial service organizations involved in a transaction.
(gh) You make the following warranties and representations with respect to each image of an original check you transmit when utilizing the ServiceApplication:
(i) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
(ii) The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
(iii) You will not deposit or otherwise endorse indorse to a third party the original check item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the check item (either the original checkitem, or a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on a check an item it has already paid.
(iv) Other than the digital image of an original check that you remotely deposit through the ServiceApplication, there are no other duplicate images of the original check.
(v) You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
(vi) You are authorized to enforce each check item transmitted or are authorized to obtain payment of each check item on behalf of a person entitled to enforce such transmitted checkitem.
(vivii) The information you provided is remains true and correctcorrect and, in the event any such information changes, you will immediately notify us of the change.
(viiviii) You have not knowingly failed to communicate any material information to us.
(viiiix) You have possession of each original check deposited using the Service Application and no one will submit, or has submitted, the original check for payment.
(ixx) Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
(hxi) In the event that you believe there has been an error with respect to any original check or image thereof transmitted for deposit, you will immediately contact us regarding such error or breach as set forth below.
(i) You agree to indemnify and hold us harmless, along with our directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorney’s fees), and damages resulting from: (1) any negligent acts, omissions or willful misconduct by you; (2) your use of the ServiceService and Application; (3) any breach of this Agreement by you; and/or (4) your violation of any law or of any rights of any non-party. The provisions of this section are for the benefit of us and our officers, directors, employees, shareholders, agents, and licensors. Each of these individuals or entities expressly retains the right to assert and enforce those provisions directly against you on its own behalf.
Appears in 1 contract
Samples: End User License Agreement
