User Representations and Warranties. By subscribing hereto, you, on becoming an 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 the your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and Addenda; (3) By disclosing to and allowing us, such entities and processing agents 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 Items 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 Items (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 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 Items sent to the Bank accurately contain the RTN, Account number, check number and amount of such Item; (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 Item 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 a stop payment order, legal process or other restraint; (P) No check or item deposit amount exceeds the dollar limits set forth above at Section II; and (Q) You will comply with the Bank’s Rules, as may be amended, at all times. (7) You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, as to all intents and purposes as the User might or could do in person; and (8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of check or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.
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User Representations and Warranties. By subscribing heretoIn addition to any representations and/or warranties set forth elsewhere in these Terms of Service, you, on becoming an User, requesting access and when using the mRDC Service authorize, you represent and warrant as followsthat at all relevant times:
(1a) The Bankneither your performance under these Terms of Service, Q2nor your purchase or receipt of Property in accordance with the terms herein, Ensenta and has violated or will violate 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 Servicesapplicable Law;
(2b) You have if you are acting as an agent on behalf of a principal, the right to authorize arrangement between you and permit the Bankyour principal, Q2, Ensenta and/or their processing agents to access the your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and Addendawill not facilitate tax crimes;
(3c) By disclosing you have no knowledge or reason to and allowing ussuspect that
(i) the funds used to make purchases are connected with the proceeds of criminal activity, such entities and processing agents to use such informationor
(ii) you or your principal, if applicable (or, if you are not violating an entity, any third party rights;
person(s) or entity(ies) with a beneficial or ownership interest in you), are under investigation, charged with, or convicted of any substantive or predicate money laundering or economic sanctions crime, terrorist activity, tax evasion or act in violation of any anti-bribery or anti-corruption law (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 Items 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 Items (including, 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 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 Items sent to UK Bribery Act 2010 and the Bank accurately contain the RTN, Account number, check number and amount of such Item;
(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 Item has been returned only once unpaid for insufficient funds;
(N) No check or item shall constitute a remotely created check (as defined in Regulation CCUS Foreign Corrupt Practices Act);
(Od) You have no knowledge you (and your principal, if applicable) are not, nor are you (or your principal, if applicable) owned, controlled, or acting on behalf of, an entity or individual that any check or item is is:
(i) the subject to a stop payment orderof economic sanctions, legal process embargoes or other restrainttrade restrictions in any jurisdiction, including those administered and enforced by the United States, European Union, United Kingdom, United Nations Security Council, or other applicable sanctions authority (collectively, “Sanctions”), or
(ii) located, organized, or resident in a country or territory that is the subject of Sanctions (including Crimea, Cuba, Iran, North Korea, and Syria) (collectively, “Sanctioned Jurisdictions”);
(Pe) No check payment of the Purchase Price will not be funded directly or item deposit amount exceeds indirectly by or from anyone that is the dollar limits set forth above at Section II; andsubject of Sanctions or located, organized, or resident in a Sanctioned Jurisdiction;
(Qf) You no party directly or indirectly involved in the purchase will comply with be the Bank’s Rulessubject of Sanctions, as may be amendednor owned or controlled by any individual or entity that is the subject of Sanctions or otherwise located, at all times.organized, or resident in a Sanctioned Jurisdiction, unless expressly authorized in writing by the government authority having jurisdiction/
(7g) You hereby appoint the Bankif you are acting as agent on behalf of a principal, Q2you have taken steps reasonably designed to ensure compliance with Sanctions, Ensenta anti-money laundering, anti-terrorism, and their processing agents as your true and lawful attorney(s)-inanti-fact to access your Account information, check bribery or item images and data, but only for purposes of performing the Services hereunderanti-corruption laws, including but not limited to, the handling conducting appropriate due diligence on your principal and screening source of each remote deposit capture and transmissionfunds.
(h) your purchase will not cause (or otherwise result in) us, and effectuating such acts as may be required Sellers, or necessary anyone else to be done hereunder violate any Sanctions, anti-money laundering, anti-terrorism, or anti-bribery or anti-corruption law;
(i) you are of legal age, in the forwarding checks or items for collectionjurisdiction in which you reside, presentment, clearing to enter into a binding contract (and settlement, and, further, for verifying the content and authenticity in any event are older than thirteen (13) years of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, as to all intents and purposes as the User might or could do in personage); and
(8) You acknowledge j) have full legal authority without any further action or other party’s consent to enter into and agree that upon a breach of any of your perform this agreement and to give these representations and warranties set forth herein, warranties; if you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of check or items into the collection stream under state and federal law, including, but not limited toare an entity, the NY UCC individual bidding on your behalf is authorized to do so and Federal Reserve Board Regulations J the entity is duly incorporated or formed, validly existing and CC, which obligations are hereby assumed by you, in good standing in the End User.jurisdiction where it is incorporated or formed.
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Samples: Terms of Service
User Representations and Warranties. By subscribing hereto, you, on becoming an 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-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 the your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and Addenda;
(3) this Addendum; By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us, such entities us and processing agents them to use such information, you are not violating any third party rights;
(4) 1. The information provided to the Bank, Q2, Ensenta and their processing agents is and shall continue to be true, current, correct and complete;
(5) 2. 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) 3. Upon each deposit transmission, and for each check Check or other item in any deposit, you further represent and warrant to the Bank that:that:
(A) a. You will only transmit Eligible Items Checks through the mRDC Service;
(B) b. You will not transmit any duplicate checks Checks or itemsitems that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit);
(C) c. You are a person entitled to enforce each instrument, check Check or item;
(D) d. All signatures required for transfer of the Items Checks (including, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) e. No check Check or item has be been materially altered;
(F) f. No check 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) g. You are not aware of any circumstance that could impair the collectability of any such check Check or item;
(H) h. You have no knowledge of any receivership or other insolvency proceeding commenced with respect to the maker or drawer of any such check Check or item;
(I) i. All data on Items Checks sent to the Bank accurately contain the RTN, Account account number, check Check number and amount of such ItemCheck;
(J) j. The Image image transmitted of each such check Check or item accurately represents the entire image of the front and back thereof as of the time of your remote capture;
(K) k. Each such Image image shall be legible;
(L) l. No check Check or item has been deposited previously (either conventionally or electronically) unless returned unpaid only once for insufficient funds;
(M) m. Nor will any such check Check or tem item subsequently be deposited (conventionally or electronically) unless such Item Check has been returned only once unpaid for insufficient funds;
(N) n. No check Check or item shall constitute a remotely created check Check (as defined in Regulation CC);
(O) o. You have no knowledge that any check Check or item is subject to a stop payment order, legal process or other restraint;
(P) p. No check Check or item deposit amount exceeds the dollar limits set forth above at Section II; and
(Q) q. You will comply with the Bank’s Rules, as may be amended, at all times.
(7) 4. You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, check Check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding checks of Checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, as to for all intents and purposes as the User might or could do in person; and
(8) and You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of check Checks or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.User.
Appears in 1 contract
User Representations and Warranties. By subscribing hereto, you, on becoming an 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-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 the your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and Addendathis Addendum;
(3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us, such entities us and processing agents 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 Check or other item in any deposit, you further represent and warrant to the Bank that:that:
(A) You will only transmit Eligible Items Checks through the mRDC Service;
(B) You will not transmit any duplicate checks Checks or itemsitems 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 Check or item;
(D) All signatures required for transfer of the Items Checks (including, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) No check Check or item has be been materially altered;
(F) No check 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 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 Check or item;
(I) All data on Items Checks sent to the Bank accurately contain the RTN, Account account number, check Check number and amount of such ItemCheck;
(J) The Image image transmitted of each such check 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 image shall be legible;
(L) No check 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 Check or tem item subsequently be deposited (conventionally or electronically) unless such Item Check has been returned only once unpaid for insufficient funds;
(N) No check Check or item shall constitute a remotely created check Check (as defined in Regulation CC);
(O) You have no knowledge that any check Check or item is subject to a stop payment order, legal process or other restraint;
(P) No check Check or item deposit amount exceeds the dollar limits set forth above at Section II; and
(Q) You will comply with the Bank’s Rules, as may be amended, at all times.
(7) You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, check Check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding checks of Checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, as to for all intents and purposes as the User might or could do in person; and
(8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of check Checks or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.User.
Appears in 1 contract
User Representations and Warranties. By subscribing hereto, you, on becoming an a User, requesting access and when using the mRDC PayAnyone Service you 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 and do hereby authorize and permit the Bank, Q2, Ensenta Acculynk and/or their processing agents to access the your accounts account(s) at the Bank to effect mobile remote deposit capture (“mRDC”) deposit transmissions instructions and complete your PayAnyone submissions or transactions or for any other purpose authorized by contemplated under the Agreement and Addenda;
(32) By disclosing to and allowing us, such entities and processing agents to use such information, you are not violating any third party rights;
(43) The information provided to the Bank, Q2, Ensenta Acculynk and their processing agents is and shall continue to be true, current, correct and complete;
(54) The BankXxx Xxxx, Q2X0, Ensenta Xxxxxxxx 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 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 you provide to us or such other entities and/or processing agents for purposes of providing the Services;
(6) Upon In addition, upon each deposit transmission, and for each check or other item in any depositsubmission of a P2P request using PayAnyone, you further represent and warrant to the Bank that:
(A) that: You will only transmit Eligible Items through have authorized the mRDC Service;
(B) registration of your Apple Bank Debit Card for use with the PayAnyone Service; You will not transmit use the Service for any duplicate checks unlawful purpose or items;
(C) in contravention of this Addendum or the Agreement; You a person entitled to enforce each instrumentmake a P2P request hereunder; You authorize and instruct the Bank, check Q2, Acculynk and their processing agents to send emails and 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 item;
(D) All signatures required for transfer transaction initiated through your use of the Items (includingPayAnyone Service will contain any incorrect or misleading email address, but not limited to, the endorsement of any third-party payee) appear thereon, and are authorized and authentic;
(E) name or other information regarding a recipient. No check such P2P submission or item has be materially altered;
(F) No check or item transaction 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 ; No such P2P submission or transaction will exceed 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 Items sent to the Bank accurately contain the RTN, Account number, check number and amount of such Item;
(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 dollar amount 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 Item 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 a stop payment order, legal process or other restraint;
(P) No check or item deposit amount exceeds the dollar transaction frequency limits set forth above at Section IIby the Bank; and
(Q) and You will comply with the Bank’s Rules, as may be amended, at all times.
(7) You hereby appoint the Bank, Q2, Ensenta Acculynk and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, check or item images and Debit Card information and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture P2P request submission and transmission, and effectuating such acts transaction as may be required or necessary to be done hereunder in the forwarding checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC PayAnyone Service, as to all intents and purposes as the User might or could do in person; and
(8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of check or items into the collection stream Bank under state and federal applicable law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CCNACHA Rules or Network Rules, which obligations are hereby assumed by you, the End User.assumed.
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User Representations and Warranties. By subscribing hereto, you, on becoming an 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;Services;
(2) You have the right to authorize and permit the Bank, Q2, Ensenta and/or their processing agents to access the your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and Addenda;Addenda;
(3) By disclosing to and allowing us, such entities and processing agents 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:that:
(A) You will only transmit Eligible Items 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 Items 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 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 Items Checks sent to the Bank accurately contain the RTN, Account number, check number and amount of such ItemCheck;
(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;funds;
(M) Nor will any such check or tem subsequently be deposited (conventionally electronically) unless such Item 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 a stop payment order, legal process or other restraint;restraint;
(P) No check or item deposit amount exceeds the dollar limits set forth above at Section II; and
(Q) You will comply with the Bank’s Rules, as may be amended, at all times.
(7) You hereby appoint the Bank, Q2, Ensenta and their processing agents as your true and lawful attorney(s)-in-fact to access your Account information, check or item images and data, but only for purposes of performing the Services hereunder, including but not limited to, the handling of each remote deposit capture and transmission, and effectuating such acts as may be required or necessary to be done hereunder in the forwarding checks or items for collection, presentment, clearing and settlement, and, further, for verifying the content and authenticity of any instruction for the purposes of security procedures applicable to your Accounts and the mRDC Service, as to all intents and purposes as the User might or could do in person; and
(8) You acknowledge and agree that upon a breach of any of your representations and warranties set forth herein, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred by the Bank as a result, including, without limitation, all damages otherwise recoverable against a depository or collecting bank as a result of the warranties and obligations relating to the presentment of check or items into the collection stream under state and federal law, including, but not limited to, the NY UCC and Federal Reserve Board Regulations J and CC, which obligations are hereby assumed by you, the End User.User.
Appears in 1 contract
