User Representations and Warranties. User hereby represents and warrants to MIT that: User will only use MIT.nano for the Authorized Project(s). No other use of the Facilities is permitted. Only Authorized Individuals will access MIT.nano and use the Facilities. Authorized Individuals will not bring on site to MIT, or use in the course of its access to, or use of the Facilities, any radioactive, biological and/or other hazardous materials, without the prior written consent of a MIT.nano staff member and will comply with any terms and conditions of such consent, such as restrictions on use, storage and handling. Authorized Individuals will not bring on site to MIT electrical tools or appliances of any kind (other than a personal laptop) or high valued personal property. Authorized Individuals will not store any materials or other property at MIT, unless in assigned storage locations, which may be subject to an additional fee. In the event the Authorized Individual receives permission to store any materials or other property at MIT, Authorized Individual will, at User’s sole cost and expense, remove all of its materials and property upon the earliest of (a) the time permitted by the written consent, (b) the completion of the activities to which the materials and property relate and (c) termination of this Agreement. In no event will MIT be responsible for any loss or damage to any of User’s (including Authorized Individuals’) materials and property that are stored or otherwise used on MIT premises. User will have all right, title and interest in and to the materials it uses in the course of its use of the Facilities. User’s use of the Facilities will not violate any applicable law, rule or regulation or any of User’s contracts with third parties or infringe any third-party rights, including, without limitation, any patent.
User Representations and Warranties. User hereby represents and warrants to MIT that:
2.1. User will only use MIT.nano for the Authorized Project(s). No other use of the Equipment is permitted.
2.2. Only Authorized Individuals will access MIT.nano and use the Facilities.
2.3. User will not bring on site to MIT, or use in the course of its access to, or use of the Facilities, any radioactive, biological and/or other hazardous materials, without the prior written consent of a MIT.nano staff member and will comply with any terms and conditions of such consent, such as restrictions on use, storage and handling.
2.4. User will not bring on site to MIT electrical tools or appliances of any kind (other than a personal laptop) or high valued personal property.
2.5. User will not store any materials or other property at MIT unless in assigned storage locations, which may be subject to an additional fee. In the event the User receives permission to store any materials or other property at MIT, User will, at its sole cost and expense, remove all of its materials and property upon the earliest of (a) the time permitted by the written consent, (b) the completion of the activities to which the materials and property relate and (c) termination of this Agreement. In no event will MIT be responsible for any loss or damage to any of User’s materials and property that are stored or otherwise used on MIT premises.
2.6. User will have all right, title and interest in and to the materials it uses in the course of its use of the Facilities.
2.7. User’s use of the Facilities will not violate any applicable law, rule or regulation or any of User’s contracts with third parties or infringe any third-party rights, including, without limitation, any patent.
User Representations and Warranties. By subscribing hereto, you, on becoming a User, requesting access and when using the mRDC Service authorize, represent and warrant as follows:
(1) The Bank, Q2, Ensenta and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non- confidential, that the User provides to such processing agents for the purpose of providing the Services;
(2) You have the right to authorize and permit the Bank, Q2, Ensenta and/or their processing agents to access your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and this Addendum;
(3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us and them to use such information, you are not violating any third party rights;
(4) The information provided to the Bank, Q2, Ensenta and their processing agents is and shall continue to be true, current, correct and complete;
(5) The Bank, Q2, Ensenta and their processing agent(s) may rely upon all data, images or other information provided by the End User or Authorized person when using the mRDC Service;
(6) Upon each deposit transmission, and for each Check or other item in any deposit, you further represent and warrant to the Bank that:
(A) You will only transmit Eligible Checks through the mRDC Service;
(B) You will not transmit any duplicate Checks or items that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit);
(C) You are a person entitled to enforce each instrument, Check or item;
(D) All signatures required for transfer of the Checks (including, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) No Check or item has been materially altered;
(F) No Check or item is or will become subject to any defense or claim of recoupment by any party that could be asserted against the Client;
(G) You are not aware of any circumstance that could impair the collectability of any such Check or item;
(H) You have no knowledge of any receivership or other insolvency proceeding commenced with respect to the maker or drawer of any such Check or item;
(I) All data on Checks sent to the Bank accurately contain the RTN, account number, Check number and amount of such Check;
(J) The image transmitted of each such Check or i...
User Representations and Warranties. By subscribing hereto, becoming an User, requesting access and when using the A2A Service each User authorizes, represents and warrants as follows:
(i) The Bank, Q2, PNC Bank and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non-confidential, that the User provides to such processing agents for the purpose of providing the Services;
(ii) User has the right to authorize and permit processing agents to access the User’s accounts to effect funds transfers (i.e. External Transfers) or for any other purpose authorized by the User Agreement;
(iii) By disclosing to and allowing processing agents to use such information the User is not violating any third party rights;
(iv) The information provided to the Bank, Q2, PNC Bank and their processing agents is and shall continue to be true, current, correct and complete;
(v) The Bank, Q2, PNC Bank and their processing agents are authorized to use the submitted information to perform the Funding service and to configure the same to be compatible with the User’s accounts;
(vi) The Bank, Q2, PNC Bank and their processing agents are hereby appointed as the true and lawful attorney(s)-in-fact and agent of the User, with full power of substitution and re-substitution, for, in the name, place and stead of him or her, in any and all capacities, to access the Accounts, effect funds transfers, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as the User might or could do in person;
(vii) That User shall indemnify, defend and hold Apple Bank, Q2, PNC Bank and their processing agents, their subsidiaries, affiliates, partners, officers, directors, employees, consultants and agents harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from User’s use of the Funding service, the Bank’s, Q2’s, PNC Bank’s and their processing agents’ reliance on the information, instructions, license and/or authorizations provided by the User, and for their violation of the terms hereof or their infringement (or that of any other user of their Funding service account) ...
User Representations and Warranties. A. With respect to the authorizations granted herein and by the forms executed by User, User represents, understands, and warrants that:
1. User has not granted authority or permission to any third party for the Services contemplated herein, to the extent that exclusivity is required by the Massachusetts Department of Energy Resources’ Renewable Energy Certificates Services Agreement, the Pennsylvania Public Utilities Commission’s Recognition of Assignment of AECs, or the PJM GATS Schedule A, as applicable, or by any other such form required by SRECTrade, the applicable state agency, or the Applicable Tracking System.
2. User understands that the assignment of rights that occurs within these Terms of Service does not absolve the User from upholding any contractual obligations that exist outside of SRECTrade, including but not limited to its financial obligations attached to User’s Facility.
3. User represents that it does not have any contractual obligations that would preclude the agreement to these Terms of Service and the relevant form-agreements referenced herein.
B. With respect to the RECs transacted on User’s behalf, User represents, understands and warrants that:
1. Each of User’s RECs represents the Environmental Attributes and Reporting Rights associated the generation of one (1) megawatt hour (MWh) of energy from one or more Generation Facilities, as required by the Applicable Standard.
2. User has good and marketable title to the REC Product.
3. All right, title, and interest in and to the REC(s) are free and clear of any liens, taxes, claims, security interests, or other encumbrances.
4. Neither User nor any other party has made any claims that the energy associated with the REC is renewable energy, and User has not sold the RECs to any other person or entity.
5. The RECs sold hereunder will vest in the end-Buyer, and the end-Buyer will:
a. Have the exclusive right to make all claims as to the Environmental Attributes associated with such RECs;
b. Have the right to report and register, as applicable, the exclusive ownership of the Environmental Attributes with any registry, system, agency, authority, or other party; and
c. Have full and rightful title to resell or otherwise transfer the RECs to any other party.
C. With respect to User acting as a Buyer in a Transaction settled by SRECTrade, User- Buyer represents and warrants to SRECTrade that:
1. User has entered into this Agreement and subsequent Transactions in connection with the conduct o...
User Representations and Warranties. User represents and warrants to ChildPlus that User will only use the Services and/or Licensed Application through its designated Agency or Delegate Agency for internal management and administration of User’s Agency’s or Delegate Agency’s Programs.
User Representations and Warranties. User hereby represents and warrants to UA that:
(a) the information contained in this Agreement, including but not limited to Attachment A describing the experiment or work to be done in the Facility or with the Equipment, is true, accurate and complete in all material respects;
(b) User and User Personnel have all necessary and appropriate training and education to perform the experiment or work to be done in the Facility or with the Equipment;
(c) to the best of User's knowledge, no UA employee or faculty member is a director or officer of User, or controls a five percent (5%) or greater interest in User as of the Effective Date;
(d) User and User Personnel shall not offer any gift or kickback, whether in cash or kind, in return for the use of the Facility or Equipment; and
(e) User is not aware of any conflict of interest or the appearance of a conflict of interest, other than as may be set forth on Attachment A. User acknowledges that UA has entered into this Agreement in reliance upon information provided by User and User Personnel, including but not limited to information regarding: the work that User and User Personnel will conduct on UA property or using a Facility or Equipment; the availability or lack of availability of similar facilities and/or equipment at other places, whether controlled by a non-profit or for-profit entity; the price a private company would charge for equivalent services, facilities and/or equipment; User's and User Personnel's training and education, and relationships or lack of relationships with UA faculty, students and employees; and User's ability to meet its financial obligations pursuant to this Agreement.
User Representations and Warranties. 2.1. By accessing and using the Platform, you represent and warrant that:
2.1.1. You are of legal age to enter into this Terms;
2.1.2. You have full power, legal capacity and authority to enter into this Terms on your behalf or on behalf of a legal entity and you are not violating any other agreement to which you are a party by doing so;
2.1.3. You will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services or Platform;
2.1.4. You will not use the Services or Platform for any illegal or unauthorized purposes;
2.1.5. You will not violate any applicable laws;
2.1.6. All information provided by you is accurate, complete and up-to-date.
2.2. We reserve the right to terminate your use of the Services, enable your access to our Services and Platform and/or delete your account in case you submit information that is not accurate, or you are otherwise in breach of your representations and warranties hereto or not eligible to use the Platform or to access Services.
User Representations and Warranties. You represent and warrant to Printfection that: (i) your use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and will comply with all applicable laws, rules, and regulations, (ii) you are the true owner of the User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are to the best of your knowledge no pending or threatened claims, demands or litigation concerning any of the User Supplied Content, (iii) Printfection will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content, (iv) the User Supplied Content does not violate Section 3.1 of this TOS, and (v) Physical Merchandise you send to us is free of all liens, and no liens will be placed upon your Physical Merchandise due to your acts or omissions.
User Representations and Warranties. In connection with your access to and use of the Website and Services, you represent and warrant that you will:
(a) Comply with all applicable laws, including without limitation privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and all other applicable regulatory requirements;
(b) Provide accurate information to Financial Guard, whether reported directly or through a third party who you authorize, and keep it updated;
(c) Use your real name on your profile and keep your user name and password confidential; and
(d) Use Services in a professional manner. You also represent and warrant that you will not:
(a) Circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or User information;
(b) Upload, e-mail, transmit, provide, or otherwise make available: • any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); • any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); • unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; • any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Financial Guard; • any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail- bombing, or sending a virus to Financial Guard or the Website; or • any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
(c) Use any meta tags or other hidden ...
