Common use of User Representations and Warranties Clause in Contracts

User Representations and Warranties. By requesting access and using the Service, each User authorizes, represents, and warrants as follows: i. The Bank, Q2 and/or Fidelity National Information Services, Inc. (“FIS Global”) 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 transfers (i.e., External Transfers); 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 and/or FIS Global, and their processing agents, is and shall continue to be true, current, correct and complete; v. The Bank, Q2 and/or FIS Global, 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 and/or FIS Global, and their processing agents are hereby appointed attorney(s)-in- fact and agent(s) 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 and/or FIS Global, 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 and/or FIS Global’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 Joint Owners. If two or more joint owners hold an Account, the Account may be accessed and linked to External Accounts that are owned by all the same owners. Electronic withdrawals using the Service may be made by each owner independently, up to and including the entire Account balance in accordance with daily/monthly transfer limits, without further consent of any other. The Bank shall not be liable for any such withdrawals made by any owner. Each owner is deemed to be an agent of every other owner for all purposes. Each joint owner must independently register and authorize his/her use of the Service. We will end your use of the Service if any joint account holder notifies us that (i) he or she never consented to your use of the Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) he or she is withdrawing consent for you to operate the joint account, mandating closure of the account.

User Representations and Warranties. By subscribing hereto, becoming an User, requesting access and when using the Service, A2A Service each User authorizes, represents, represents and warrants as follows: i. (i) The Bank, Q2 and/or Fidelity National Information ServicesQ2, Inc. (“FIS Global”) 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;‌Services; (ii. ) User has the right to authorize and permit processing agents to access the User’s accounts to effect funds transfers (i.e., 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, information the User is not violating any third party rights; (iv. ) The information provided to the Bank, Q2 and/or FIS GlobalQ2, PNC Bank and their processing agents, agents is and shall continue to be true, current, correct and complete; v. (v) The Bank, Q2 and/or FIS GlobalQ2, PNC Bank and their processing agents, 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 and/or FIS GlobalQ2, PNC Bank and their processing agents are hereby appointed attorney(s)-in- as the true and lawful attorney(s)-in-fact and agent(s) agent of the User, with full power of substitution and re- 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 and/or FIS GlobalQ2, 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 and/or FIS Global’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 Joint Owners. If two their infringement (or more joint owners hold an Account, the Account may be accessed and linked to External Accounts that are owned by all the same owners. Electronic withdrawals using the Service may be made by each owner independently, up to and including the entire Account balance in accordance with daily/monthly transfer limits, without further consent of any other. The Bank shall not be liable for other user of their Funding service account) of any such withdrawals made by intellectual property or other rights of any owner. Each owner is deemed to be an agent of every other owner for all purposes. Each joint owner must independently register and authorize his/her use of the Service. We will end your use of the Service if any joint account holder notifies us that (iperson(s) he or she never consented to your use of the Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) he or she is withdrawing consent for you to operate the joint account, mandating closure of the account.entity(ies).‌‌

User Representations and Warranties. By subscribing hereto, you, on becoming an User, requesting access and when using the ServicemRDC Service authorize, each User authorizes, represents, represent and warrants warrant as follows: i. (1) The Bank, Q2 and/or Fidelity National Information ServicesQ2, Inc. (“FIS Global”) 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;‌Services;‌‌‌‌ ii. User has (2) You have the right to authorize and permit the Bank, Q2, Ensenta and/or their processing agents to access the User’s your accounts to effect transfers mobile remote deposit capture (i.e., External Transfers);“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and Addenda;‌‌ iii. (3) By disclosing to and allowing us, such entities and processing agents to use such information, the User is you are not violating any third party rights; iv. (4) The information provided to the Bank, Q2 and/or FIS GlobalQ2, Ensenta and their processing agents, agents is and shall continue to be true, current, correct and complete; v. (5) The Bank, Q2 and/or FIS GlobalQ2, Ensenta and their processing agentsagent(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; (C) You 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 be materially altered; (F) No check or item is or will become subject to use any defense or claim of recoupment by any party that could be asserted against the submitted information 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 perform the Funding service 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 item accurately represents the entire image of the front and back thereof as of the time of your remote capture; (K) Each such Image shall be legible; (L) No check or item has been deposited previously (either conventionally or electronically) unless returned unpaid only once for insufficient funds;‌‌‌‌ (M) Nor will any such check or tem subsequently be deposited (conventionally electronically) unless such Check has been returned only once unpaid for insufficient funds; (N) No check or item shall constitute a remotely created check (as defined in Regulation CC); (O) You have no knowledge that any check or item is subject to configure a stop payment order, legal process or other restraint;‌ (P) No check or item deposit amount exceeds the same to be compatible dollar limits set forth above at Section II; and (Q) You will comply with the UserBank’s accounts;Rules, as may be amended, at all times. vi. The (7) You hereby appoint the Bank, Q2 and/or FIS GlobalQ2, Ensenta and their processing agents are hereby appointed attorney(s)-in- as your true and lawful attorney(s)-in-fact and agent(s) 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 your Account information, check or item images and data, but only for purposes of performing the AccountsServices hereunder, effect funds transfersincluding but not limited to, with full power the handling of each remote deposit capture and authority to do transmission, and perform each and every act and thing requisite and effectuating such acts as may be required or necessary to be done hereunder in connection with effecting funds transfersthe forwarding checks or items for collection, including presentment, clearing and settlement, and, further, for verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accountsyour Accounts and the mRDC Service, as fully to all intents and purposes as the User might or could do in person;; and vii. That User (8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall indemnifybe liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, defend including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and hold Apple Bankobligations relating to the presentment of check or items into the collection stream under state and federal law, Q2 and/or FIS Global, 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 serviceNY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the Bank’s, Q2’s and/or FIS Global’s, and their processing agents’ reliance on the information, instructions, license and/or authorizations provided by the End User, and for their violation of the terms hereof or Joint Owners. If two or more joint owners hold an Account, the Account may be accessed and linked to External Accounts that are owned by all the same owners. Electronic withdrawals using the Service may be made by each owner independently, up to and including the entire Account balance in accordance with daily/monthly transfer limits, without further consent of any other. The Bank shall not be liable for any such withdrawals made by any owner. Each owner is deemed to be an agent of every other owner for all purposes. Each joint owner must independently register and authorize his/her use of the Service. We will end your use of the Service if any joint account holder notifies us that (i) he or she never consented to your use of the Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) he or she is withdrawing consent for you to operate the joint account, mandating closure of the account.

User Representations and Warranties. By subscribing hereto, on becoming a User, requesting access and when using the ServicePayAnyone Service you authorize, each User authorizes, represents, represent and warrants warrant as follows: i. The (1) You have the right and do hereby authorize and permit the Bank, Q2 Q2, Acculynk and/or Fidelity National Information Servicestheir processing agents to access the your account(s) at the Bank to effect instructions and complete your PayAnyone submissions or transactions or for any other purpose contemplated under the Agreement and Addenda; (2) By disclosing to and allowing us, Inc. such entities and processing agents to use such information, you are not violating any third party rights; (“FIS Global”3) The information provided to the Bank, Q2, Acculynk and any of their processing agents is and shall continue to be true, current, correct and complete; (4) Xxx Xxxx, X0, Xxxxxxxx and their processing agent(s) may rely upon all data, images or other information provided by the User or Authorized person when using the PayAnyone Service. (5) Xxx Xxxx, X0, Xxxxxxxx and their processing agents are authorized to use, configure, copy, modify, display and distribute any information, data, materials or other content, both confidential and non-confidential, that the User provides you provide to us or such other entities and/or processing agents for the purpose purposes of providing the Services;‌Services; ii. User has (6) In addition, upon each submission of a P2P request using PayAnyone, you represent and warrant to the right Bank that:  You have authorized the registration of your Apple Bank Debit Card for use with the PayAnyone Service;‌‌  You will not use the Service for any unlawful purpose or in contravention of this Addendum or the Agreement;  You a person entitled to make a P2P request hereunder;  You authorize and permit processing agents to access the User’s accounts to effect transfers (i.e., External Transfers); 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 instruct the Bank, Q2 and/or FIS GlobalQ2, and their processing agents, is and shall continue to be true, current, correct and complete; v. The Bank, Q2 and/or FIS Global, 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 and/or FIS Global, Acculynk and their processing agents are hereby appointed attorney(s)-in- fact to send emails and agent(s) text messages to recipients;  The recipients have given you permission for all purposes hereunder;‌  That any funds requested from a recipient shall not be for any Prohibited Use under Section III, Terms of Use, Subsection 1, set forth above;  No P2P submission or transaction initiated through your use of the UserPayAnyone Service will contain any incorrect or misleading email address, name or other information regarding a recipient.  No such P2P submission or transaction is or will become subject to any defense or claim of recoupment by any party that could be asserted against the Client;  No such P2P submission or transaction will exceed any of the dollar amount or transaction frequency limits set by the Bank; and  You will comply with full power of substitution the Bank’s Rules, as may be amended, at all times. (7) You hereby appoint the Bank, Q2, Acculynk and re- substitution, for, in the name, place their processing agents as your true and stead of him or her, in any and all capacities, lawful attorney(s)-in-fact to access your Account and Debit Card information and data, but only for purposes of performing the AccountsServices hereunder, effect funds transfersincluding but not limited to, with full power the handling of each P2P request submission and authority to do and perform each and every act and thing requisite and transaction as may be required or necessary to be done in connection with effecting funds transfershereunder and, including further, for verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accountsyour Accounts and the PayAnyone Service, as fully to all intents and purposes as the User might or could do in person;; and vii. That User shall indemnify, defend (8) You acknowledge and hold Apple Bank, Q2 and/or FIS Global, 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 and/or FIS Global’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 Joint Owners. If two or more joint owners hold an Account, the Account may be accessed and linked to External Accounts agree that are owned by all the same owners. Electronic withdrawals using the Service may be made by each owner independently, up to and including the entire Account balance in accordance with daily/monthly transfer limits, without further consent upon a breach of any other. The Bank of your representations and warranties set forth herein, you shall not be liable for any such withdrawals made damages equal to the actual pecuniary loss suffered or incurred by any owner. Each owner is deemed to be an agent of every other owner for the Bank as a result, including, without limitation, all purposes. Each joint owner must independently register and authorize his/her use of damages otherwise recoverable against the Service. We will end your use of the Service if any joint account holder notifies us that (i) he Bank under applicable law, NACHA Rules or she never consented to your use of the ServiceNetwork Rules, (ii) the joint account can no longer be operated on your instructions alone, or (iii) he or she is withdrawing consent for you to operate the joint account, mandating closure of the accountwhich obligations are hereby assumed.

User Representations and Warranties. By requesting access and using the Service, each User authorizes, represents, and warrants as follows: i. (i) The Bank, Q2 and/or Fidelity National Information Services, Inc. (“FIS Global”) 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;‌Services; (ii. ) User has the right to authorize and permit processing agents to access the User’s accounts to effect transfers (i.e., External Transfers); (iii. ) By disclosing to and allowing processing agents to use such information, the User is not violating notviolating any third party rights; (iv. ) The information provided to the Bank, Q2 and/or FIS Global, and their processing agents, is and shall continue to be true, current, correct and complete; v. (v) The Bank, Q2 and/or FIS Global, 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 and/or FIS Global, and their processing agents are hereby appointed attorney(s)-in- fact and agent(s) of the User, with full power of substitution and re- 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 and/or FIS Global, 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 butnot limited to, attorneys’ fees) arising from User’s use of the Funding service, the Bank’s, Q2’s and/or FIS Global’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 Joint Owners. If two their infringement (or more joint owners hold an Account, the Account may be accessed and linked to External Accounts that are owned by all the same owners. Electronic withdrawals using the Service may be made by each owner independently, up to and including the entire Account balance in accordance with daily/monthly transfer limits, without further consent of any other. The Bank shall not be liable for other user of their Funding service account) of any such withdrawals made by intellectual property or other rights of any owner. Each owner is deemed to be an agent of every other owner for all purposesperson(s) or entity(ies). Each joint owner must independently register and authorize his/her use of the Service. We will end your use of the Service if any joint account holder notifies us that (i) he or she never consented to your use of the Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) he or she is withdrawing consent for you to operate the joint account, mandating closure of the accountclosure.

User Representations and Warranties. By subscribing hereto, becoming an User, requesting access and when using the Service, A2A Service each User authorizes, represents, represents and warrants as follows: i. (i) The Bank, Q2 and/or Fidelity National Information ServicesQ2, Inc. (“FIS Global”) 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;‌Services; (ii. ) User has the right to authorize and permit processing agents to access the User’s accounts to effect funds transfers (i.e., 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, information the User is not violating any third party rights; (iv. ) The information provided to the Bank, Q2 and/or FIS GlobalQ2, PNC Bank and their processing agents, agents is and shall continue to be true, current, correct and complete; v. (v) The Bank, Q2 and/or FIS GlobalQ2, PNC Bank and their processing agents, 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 and/or FIS GlobalQ2, PNC Bank and their processing agents are hereby appointed attorney(s)-in- as the true and lawful attorney(s)-in-fact and agent(s) agent of the User, with full power of substitution and re- 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 and/or FIS GlobalQ2, 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 and/or FIS Global’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) of any intellectual property or other rights of any person(s) or entity(ies).‌‌‌‌‌ Joint Owners. If two or more joint owners hold an Account, the Account may be accessed and linked to External Accounts that are owned by all the same owners. Electronic withdrawals using the A2A Service may be made by each owner independentlyany one of them, up to and including the entire Account balance in accordance with daily/monthly transfer limitsbalance, without the further consent of any other. The Bank shall not be liable for any such withdrawals made by any owner. Each owner is deemed to be an agent of every other owner for all purposes. Each purposes.‌ If any of the accounts that you register under the A2A Service is a joint owner must independently register and authorize his/her account, you confirm that your joint account holder has consented for you to use of that accounts with the Service. We will end your use of the A2A Service if any joint account holder notifies us that (i) he or she never consented to your use of the Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) he or she is withdrawing consent for you to operate the joint account, mandating closure of the account.