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 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 item subsequently be deposited (conventionally or 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 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 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, 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 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.
Appears in 1 contract
User Representations and Warranties. By subscribing hereto, you, on becoming a 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- 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 this AddendumAddenda;
(3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us us, such entities and them 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 check or other item in any deposit, you further represent and warrant to the Bank that:that:
(A) You will only transmit Eligible Checks Items through the mRDC Service;
(B) You will not transmit any duplicate Checks checks or items that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit)items;
(C) You are a person entitled to enforce each instrument, Check check or item;
(D) All signatures required for transfer of the Checks Items (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 been be 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 Checks Items sent to the Bank accurately contain the RTN, account Account number, Check check number and amount of such CheckItem;
(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 item tem subsequently be deposited (conventionally or electronically) unless such Check Item 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 of Checks 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, for 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 Checks 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
User Representations and Warranties. By subscribing heretoYou are entirely responsible for the content of, youand any harm resulting from, on becoming your postings to the website (collectively, “Contribution”). When you create or make available a UserContribution, requesting access and when using the mRDC Service authorize, you thereby 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:
(Aa) You will only transmit Eligible Checks through the mRDC Service;
(B) You creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and 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 infringe 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 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 item subsequently be deposited (conventionally or 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 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 hereunderproprietary rights, including but not limited toto the copyright, the handling patent, trademark or trade secret rights of each remote deposit capture and transmissionany third party;
(b) you have fully complied with any third-party licenses relating to your Contribution, and effectuating such acts as may be required or have done all things necessary to be done hereunder in successfully pass through to viewers any required terms;
(c) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(d) your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the forwarding violent overthrow of Checks the government of the United States, does not incite, encourage or items for collectionthreaten immediate physical harm against another, presentmentdoes not violate any applicable law, clearing regulation, or rule, and settlement, and, further, for verifying does not violate the content and authenticity privacy or publicity rights of any instruction third party;
(e) your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
(f) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
(g) your Contribution does not violate any state or federal law designed to regulate electronic advertising;
(h) your Contribution does not amount to trolling, or the making of controversial statements for the purposes sole purpose of security procedures generating responses by others;
(i) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
(j) your Contribution does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose;
(k) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable to your Accounts and the mRDC Service, for all intents and purposes as the User might law or could do in personregulation; and
(8) You acknowledge and agree l) your Contribution does not contain pictures, data, audio or visual files, or any other content that upon a breach of any of your representations and warranties set forth hereinis excessive in size, you shall be liable for damages equal to the actual pecuniary loss suffered or incurred as determined 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 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 UserCompany in its sole discretion.
Appears in 1 contract
Sources: Terms of Use Agreement
User Representations and Warranties. By subscribing hereto, you, on becoming a User, requesting access and when using the mRDC PayAnyone Service you authorize, represent and warrant as follows:
(1) The You have the right and do hereby authorize and permit the Bank, Q2, Ensenta Acculynk and/or their processing agents to access the your account(s) at the Bank to effect instructions and complete your PayAnyone submissions or transactions or for any of other purpose contemplated under the Agreement and Addenda;
(2) By disclosing to and allowing us, such entities and processing agents to use such information, you are not violating any third party rights;
(3) The information provided to the Bank, Q2, Acculynk and their processing agents is and shall continue to be true, current, correct and complete;
(4) ▇▇▇ ▇▇▇▇, ▇▇, ▇▇▇▇▇▇▇▇ 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) ▇▇▇ ▇▇▇▇, ▇▇, ▇▇▇▇▇▇▇▇ 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- 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;
(26) You have the right to authorize and permit the BankIn addition, 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 informationupon each submission of a P2P request using PayAnyone, 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 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 that have been previously deposited in contravention of this Addendum or submitted to any financial institution (which were not eligible for redeposit);
(C) the Agreement; You are 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 Checks (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 been 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 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 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 item subsequently be deposited (conventionally or 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 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 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 PayAnyone Service, for 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 Checks 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 Userassumed.
Appears in 1 contract
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 a 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 your accounts to effect mobile remote deposit capture (“mRDC”) deposit transmissions or for any other purpose authorized by the Agreement and this Addendumwill not facilitate tax crimes;
(3c) By disclosing account and Check information you have no knowledge or reason to suspect that
(i) the funds used to make purchases are connected with the proceeds of criminal activity, or
(ii) you or your principal, if applicable (or, if you are an entity, any 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 (including but not limited to the Bank, Q2, Ensenta and/or their processing agents, UK Bribery Act 2010 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 redepositUS Foreign Corrupt Practices Act);
(Cd) You you (and your principal, if applicable) are a person entitled to enforce each instrumentnot, Check nor are you (or item;your principal, if applicable) owned, controlled, or acting on behalf of, an entity or individual that is:
(Di) All signatures required for transfer the subject of economic sanctions, embargoes or other trade restrictions in any jurisdiction, including those administered and enforced by the Checks United States, European Union, United Kingdom, United Nations Security Council, or other applicable sanctions authority (includingcollectively, but not limited to“Sanctions”), or
(ii) located, organized, or resident in a country or territory that is the endorsement subject of any third-party payee) appear thereonSanctions (including Crimea, Cuba, Iran, North Korea, and are authorized and authentic;
Syria) (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 RTNcollectively, 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 item subsequently be deposited (conventionally or 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“Sanctioned Jurisdictions”);
(Oe) You have no knowledge payment of the Purchase Price will not be funded directly or indirectly by or from anyone that any Check is the subject of Sanctions or item is subject to located, organized, or resident in a stop payment order, legal process or other restraintSanctioned Jurisdiction;
(Pf) No Check no party directly or item deposit amount exceeds indirectly involved in the dollar limits set forth above at Section II; andpurchase will be the subject of Sanctions, nor owned or controlled by any individual or entity that is the subject of Sanctions or otherwise located, organized, or resident in a Sanctioned Jurisdiction, unless expressly authorized in writing by the government authority having jurisdiction/
(Qg) You will comply if you are acting as agent on behalf of a principal, you have taken steps reasonably designed to ensure compliance with the Bank’s RulesSanctions, as may be amendedanti-money laundering, at all times.
(7) You hereby appoint the Bankanti-terrorism, Q2, Ensenta 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 jurisdiction in which you reside, to enter into a binding contract (and in any event are older than thirteen (13) years 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, for 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 Checks 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 Userjurisdiction where it is incorporated or formed.
Appears in 1 contract
Sources: Terms of Service
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) 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 or other item in any deposit, you further represent and warrant to the Bank that:
(A) a. You will only transmit Eligible Checks through the mRDC Service;
(B) 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) c. You are a person entitled to enforce each instrument, Check or item;
(D) 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) e. No Check or item has been materially altered;
(F) 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) g. You are not aware of any circumstance that could impair the collectability of any such 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 or item;
(I) i. All data on Checks sent to the Bank accurately contain the RTN, account number, Check number and amount of such Check;
(J) 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) k. Each such image shall be legible;
(L) l. No 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 or item subsequently be deposited (conventionally or electronically) unless such Check has been returned only once unpaid for insufficient funds;
(N) n. No Check or item shall constitute a remotely created Check (as defined in Regulation CC);
(O) o. You have no knowledge that any Check or item is subject to a stop payment order, legal process or other restraint;
(P) p. No 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 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 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, 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 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.
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User Representations and Warranties. By subscribing hereto, you, on becoming a 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- 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 this Addendum;Addenda;
(3) By disclosing account and Check information to the Bank, Q2, Ensenta and/or their processing agents, and allowing us us, such entities and them 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 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 checks or items that have been previously deposited or submitted to any financial institution (which were not eligible for redeposit)items;
(C) You are a person entitled to enforce each instrument, Check 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 check or item has been be 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 Checks sent to the Bank accurately contain the RTN, account Account number, Check check number and amount of such Check;
(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;funds;
(M) Nor will any such Check check or item tem subsequently be deposited (conventionally or electronically) unless such 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;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 of Checks 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, for 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 Checks 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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