Common use of User Representations and Warranties Clause in Contracts

User Representations and Warranties. By subscribing hereto, becoming an User, requesting access and when using the A2A Service each User authorizes, represents and warrants as follows: (i) The Bank, Q2, PNC Bank and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non-confidential, that the User provides to such processing agents for the purpose of providing the Services; (ii) User has the right to authorize and permit processing agents to access the User’s accounts to effect funds transfers (i.e. External Transfers) or for any other purpose authorized by the User Agreement; (iii) By disclosing to and allowing processing agents to use such information the User is not violating any third party rights; (iv) The information provided to the Bank, Q2, PNC Bank and their processing agents is and shall continue to be true, current, correct and complete; (v) The Bank, Q2, PNC Bank and their processing agents are authorized to use the submitted information to perform the Funding service and to configure the same to be compatible with the User’s accounts; (vi) The Bank, Q2, PNC Bank and their processing agents are hereby appointed as the true and lawful attorney(s)-in-fact and agent of the User, with full power of substitution and re-substitution, for, in the name, place and stead of him or her, in any and all capacities, to access the Accounts, effect funds transfers, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as the User might or could do in person; (vii) That User shall indemnify, defend and hold Apple Bank, Q2, PNC Bank and their processing agents, their subsidiaries, affiliates, partners, officers, directors, employees, consultants and agents harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from User’s use of the Funding service, the Bank’s, Q2’s, PNC Bank’s and their processing agents’ reliance on the information, instructions, license and/or authorizations provided by the User, and for their violation of the terms hereof or their infringement (or that of any other user of their Funding service account) 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 owned by the same owners. Electronic withdrawals using the A2A Service may be made by any one of them, up to and including the entire Account balance, 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.‌ If any of the accounts that you register under the A2A Service is a joint account, you confirm that your joint account holder has consented for you to use 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.

Appears in 1 contract

Samples: A2a External Funds Transfer Service Addendum

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User Representations and Warranties. By subscribing hereto, becoming an User, requesting access and when using the A2A Service each User authorizes, represents and warrants as follows: (i) The Bank, Q2, PNC Bank and any of their processing agent(s) are authorized to use, copy, modify, display and distribute any information, data, materials or other content, both confidential and non-confidential, that the User provides to such processing agents for the purpose of providing the Services; (ii) User has the right to authorize and permit processing agents to access the User’s accounts to effect funds transfers (i.e. External Transfers) or for any other purpose authorized by the User Agreement; (iii) By disclosing to and allowing processing agents to use such information the User is not violating any third party rights; (iv) The information provided to the Bank, Q2, PNC Bank and their processing agents is and shall continue to be true, current, correct and complete; (v) The Bank, Q2, PNC Bank and their processing agents are authorized to use the submitted information to perform the Funding service and to configure the same to be compatible with the User’s accounts; (vi) The Bank, Q2, PNC Bank and their processing agents are hereby appointed as the true and lawful attorney(s)-in-fact and agent of the User, with full power of substitution and re-substitution, for, in the name, place and stead of him or her, in any and all capacities, to access the Accounts, effect funds transfers, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as the User might or could do in person; (vii) That User shall indemnify, defend and hold Apple Bank, Q2, PNC Bank and their processing agents, their subsidiaries, affiliates, partners, officers, directors, employees, consultants and agents harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from User’s use of the Funding service, the Bank’s, Q2’s, PNC Bank’s and their processing agents’ reliance on the information, instructions, license and/or authorizations provided by the User, and for their violation of the terms hereof or their infringement (or that of any other user of their Funding service account) 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 owned by the same owners. Electronic withdrawals using the A2A Service may be made by any one of them, up to and including the entire Account balance, 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.‌ If any of the accounts that you register under the A2A Service is a joint account, you confirm that your joint account holder has consented for you to use 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.entity(ies).‌‌

Appears in 1 contract

Samples: A2a External Funds Transfer Service Addendum to Online Banking Services Agreement

User Representations and Warranties. By subscribing hereto, becoming an User, requesting access and when using the A2A Service Service, each User authorizes, represents represents, and warrants as follows: (i) i. The Bank, Q2Q2 and/or Fidelity National Information Services, PNC Bank 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 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, Q2Q2 and/or FIS Global, PNC Bank and their processing agents agents, is and shall continue to be true, current, correct and complete; (v) v. The Bank, Q2Q2 and/or FIS Global, 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, Q2Q2 and/or FIS Global, PNC Bank and their processing agents are hereby appointed as the true and lawful attorney(s)-in-attorney(s)-in- fact and agent 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, Q2Q2 and/or FIS Global, 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 any one of themeach owner independently, up to and including the entire Account balancebalance in accordance with daily/monthly transfer limits, 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.‌ If any purposes. Each joint owner must independently register and authorize his/her use of the accounts that you register under the A2A Service is a joint account, you confirm that your joint account holder has consented for you to use 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.

Appears in 1 contract

Samples: Online Banking Services Agreement

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User Representations and Warranties. By subscribing hereto, becoming an User, requesting access and when using the A2A Service Service, each User authorizes, represents represents, and warrants as follows: (i) The Bank, Q2Q2 and/or Fidelity National Information Services, PNC Bank 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 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 notviolating any third party rights; (iv) The information provided to the Bank, Q2Q2 and/or FIS Global, PNC Bank and their processing agents agents, is and shall continue to be true, current, correct and complete; (v) The Bank, Q2Q2 and/or FIS Global, 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, Q2Q2 and/or FIS Global, PNC Bank and their processing agents are hereby appointed as the true and lawful attorney(s)-in-attorney(s)-in- fact and agent 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, Q2Q2 and/or FIS Global, 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 butnot 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 owned by the same owners. Electronic withdrawals using the A2A Service may be made by any one of them, up to and including the entire Account balance, without the further consent of any other. The Bank shall not be liable for any such withdrawals made by any ownerentity(ies). Each joint owner is deemed to be an agent must independently register and authorize his/her use of every other owner for all purposes.‌ If any of the accounts that you register under the A2A Service is a joint account, you confirm that your joint account holder has consented for you to use 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.

Appears in 1 contract

Samples: External Funds Transfer Agreement

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