User Warranties. The Users guarantee LinkCy against any complaints, claims, actions and/or demands whatsoever that LinkCy may suffer as a result of Users breaching any of their obligations or warranties under the terms of these GTCU. They undertake to indemnify LinkCy for any prejudice it may suffer and to pay LinkCy all costs, charges and/or sentences it may have to bear as a result.
User Warranties. You warrant to us that: •You will only deposit checks or use any Service that is authorized by this Agreement, the Procedures and the Account Agreement, for a personal, family or household purpose. •You will not (i) create duplicate Images of the checks, (ii) transmit a duplicate Image to us, or (iii) deposit or otherwise negotiate the original of any check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to us, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original check from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the check(s). •No subsequent transferees of the Image(s), including but not limited to us, a collecting or returning bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment or returned instead of the original check. •Each Image you transmit to us contains an accurate representation of the front and the back of each check and complies with the requirements of this Agreement. •All data and other information you provide to us, including, but not limited to, data contained in the MICR line of each check is complete, accurate and true and complies with the requirements of this Agreement. •You will comply with this Agreement and all applicable rules, laws and regulations. •You are not aware of any factor that may impair the collectability of the check. •This Agreement is valid and enforceable against you in accordance with its terms, and the entry into, and performance of this Agreement by you will not violate any law, or conflict with any other agreement, to which you are subject. •There is no action, suit, or proceeding pending or, to your knowledge, threatened, which if decided adversely, would affect your financial condition or operations. •All checks and your transactions are, and will be, bona fide. All signatures on checks are authentic and authorized.
User Warranties. With respect to each and every Check you use to create an image using the Services and every Remote Item you transmit to the Credit Union, you represent and warrant to the Credit Union that: (a) you assume responsibility for any Check that is transmitted which for any reason is not paid; (b) you are a person entitled to enforce the Check; (c) neither the Check nor the Remote Item is counterfeit; (d) neither the Check nor the Remote Item has been altered; (e) neither the Check nor any image of the Check has been paid; (f) no depository institution, drawee, drawer, or endorser will receive presentment or return of, or otherwise be charged for, an item transmitted as a Remote Item, or any check or item derived from such Remote Item, such that said person will be asked to make a payment based on an item that it has already paid; (g) the Member shall properly endorse each Check and deposit said Check to an account at Credit Union that matches the name of the Member; (h) the Member shall deposit only checks made payable to the Member; (i) neither the Check nor the Image is subject to a defense or claim in recoupment that can be asserted against the Member; (j) the Member has no knowledge of any insolvency proceeding commenced with respect to the Member or in the case of an unaccepted check, the drawer; (k) all information provided by the Member to the Credit Union is accurate and true; (l) files submitted by the Member to the Credit Union do not contain computer viruses or malware;
User Warranties. 8.1 The User warrants and undertakes to the Licensor that:
8.1.1 the User has the right, power, authority and capacity to enter into this Licence and to perform its obligations under this Licence;
8.1.2 the User has not and shall not acquiesce to the unauthorised use by any third party of any of the Licensed Content;
8.1.3 the User shall not use the Licensed Content for any other purpose other than the Permitted Purpose;
8.1.4 the User shall not do or omit to do anything to diminish the rights of the Licensor in the Licensed Content or act in any manner which in the Licensor's reasonable opinion is likely to bring the Licensor into disrepute;
8.1.5 the User is not acting as an agent or representative for any other person, company or corporate body, institution or any other third party.
User Warranties. 2.1 The User warrants to Council that all certificates, registrations and accreditations claimed as being held by the User, as specified in Item 3 of Schedule 1, which relate to any swimming, diving or other water based activities, are valid and current and will remain so throughout the term of this Agreement and any extensions thereof.
2.2 The User acknowledges that any breach of this warranty is a breach of the fundamental terms of this Agreement and such a breach will allow Council to terminate this Agreement by provision of written notice to the User.
User Warranties. By accepting the terms and conditions of this Agreement, you acknowledge and warrant that:
3.1. You have all the necessary rights and powers to enter into this User Agreement;
3.2. You will use the Site and/or Service solely for the purposes permitted by this Agreement and in compliance with its terms and conditions, as well as the requirements of applicable law and generally accepted practices;
3.3. You will not perform any actions that conflict or interfere with the provision of the Service or with the operation of the relevant equipment, networks, or software with which the Service is provided;
3.4. Your use of the Site and/or the Service provided on the Site for specific purposes does not violate property and/or non-property rights of third parties, as well as prohibitions and restrictions established by the applicable law, as well as the laws of the country of your location, including, without limitation, copyright and related rights, trademarks, service marks and appellations of origin, industrial design rights, rights to images; content and other information provided by you do not contain information and/or images offending the honor, dignity and business reputation of third parties, as well as information promoting violence, pornography, illegal drugs, racial or national enmity; and you have received all the necessary permits from authorized persons for the use of such Content.
3.5. The Contractor additionally warrants that processing of Customer personal information during the provision of Service shall be done strictly in compliance with current law and Privacy Policy.
User Warranties. I make the following warranties and representations with respect to each image of an original check I transmit to you utilizing the Services:
1. Each image of a check transmitted to you is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
2. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
3. I will not deposit or otherwise endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.
4. Other than the digital image of an original check that I remotely deposit through your Services, there are no other duplicate images of the original check.
5. I have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
6. I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
7. The information I provided in my Application remains true and correct and, in the event any such information changes, I will immediately notify you of the change.
8. I have not knowingly failed to communicate any material information to you.
9. I have possession of each original check deposited using the Services; will retain possession of each original check deposited for the required 60 day retention period; and no party will submit the original check for payment.
10. Files and images transmitted to you will contain no viruses or any other disabling features that may have an adverse impact on your network, data, or related systems.
11. I am not aware of any factor which may impair the collectability of any item transmitted to you.
User Warranties. The User hereby represents, warrants and covenants that:
(a) as of the time of listing and delivery, all Products shall (i) be in compliance with all Applicable Laws, including, without limitation, Applicable Laws relating to marketing, consumer and product safety, product testing, labelling, pricing and packaging, (ii) be promoted, sold and delivered in accordance with these Terms and Conditions, and (iii) be merchantable and fit for their intended purpose, and pass without objection in trade;
(b) it has (or shall have, prior to delivery) title to all Products and all rights necessary to transfer such rights and title to Customer free of any lien, pledge, hypothecation or other encumbrance, including without limitation all patent, copyright, trademark, service mark, trade secret or other intellectual property right required for its promotion, sale and delivery of Products to Customers;
(c) it will not list any Product that it knows, or suspects is counterfeit, illegal, stolen or fraudulent, infringes any third-party intellectual property right, or that it otherwise does not have the right to sell;
(d) it will comply with all Applicable Laws, including without limitation data protection and privacy laws, in performance of its rights and obligations hereunder;
(e) it will perform its rights and obligations hereunder in a professional and commercially reasonable manner, in accordance with generally accepted industry standards;
(f) all information or data uploaded or transmitted by or on behalf of the User through its account on the Platform, the Marketplace or Jinius is free from any virus, worm, defect, Trojan horse, software bomb or any other feature resulting in damage or degradation of the Platform, the Marketplace or any other website, application or system; and
(g) it will not use the Marketplace to violate the security of, or gain unauthorized access to, any computer or computer network or other device or system, including without limitation unauthorized attempts to discover passwords or security encryption codes to use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Marketplace, collect any information about Customers or other users, or to reformat or frame any portion of the Marketplace.
User Warranties. The User hereby warrants, represents and undertakes to the Company that:
User Warranties. You hereby warrant that:
(i) you will not introduce any virus into the Platform; and
(ii) you will comply with all applicable laws, including all federal, state, and local laws and regulations regarding the use of the Data and User Contributions; and
(iii) you have reviewed any policies that your employer has adopted regarding your employer’s intellectual property and your use of social media, and your User Contributions do not violate, and are consistent with, any such policies; and
(iv) you own or control all rights in and to your User Contributions and have the right to grant the license granted in Section V.B of this Agreement to fellow Authorized Users, Project Data Sphere, and Project Data Sphere’s respective licensees, successors and assigns; and
(v) all of your User Contributions will comply with the requirements set forth in this Agreement, any applicable Supplemental Terms and the Terms of Use that are applicable to the Platform; and
(vi) you are not located in, ordinarily resident in, or controlled by any entity or person located in or ordinarily resident in Iran, Syria, Sudan, Cuba, North Korea or any other country that is, at any time that you use the Platform, subject to sanctions by the U.S. Government or other applicable government or is identified on any list of restricted parties maintained by the United States government or other applicable government, including, but not limited to, the Specially Designated Nationals List administered by the U.S. Treasury Department’s Office of Foreign Assets Control or the Denied Persons List, Unverified List or Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security.
