Common use of User Warranties and Indemnification Clause in Contracts

User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services: • Each image of a check transmitted to us 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. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice. • Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. • 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. • You have not knowingly failed to communicate any material information to us. • You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment. • Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Mobile Deposit Agreement, Mobile Deposit Agreement

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User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services: Services • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, no fraudulent check and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice. • Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. • 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. • You have not knowingly failed to communicate any material information to us. • You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment. • Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Alabama Electronic Banking Agreement Consumer, Alabama Electronic Banking Agreement Commercial

User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services: • Each image of a check transmitted to us 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. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice. • Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. • 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. • You have not knowingly failed to communicate any material information to us. • You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment. • Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Remote Deposit Capture Agreement, Remote Deposit Capture Agreement

User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services: Each image of a check transmitted to us 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. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice. Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. 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. You have not knowingly failed to communicate any material information to us. You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment. Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. You will not use the Services and/or your accounts for any illegal activity or transactions. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.

Appears in 1 contract

Samples: Mobile Deposit Agreement

User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check that you transmit to BS&L using the MOBILE CHECK DEPOSIT Service:  You will only transmit eligible items.  Each check that you submit to us for deposit will be directly payable to the individual or business in whose name the account to which you are requesting it be deposited is open.  You will not transmit duplicate items. Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer's account to be debited twice.  You will not re-deposit or re-present the original item. You have possession of each original check deposited using the Services: • , and no party will submit the original check for payment.  Other than the digital image of an original check that you remotely deposit through our Service, there are no other duplicate images of the original check.  All information you provide to the Bank is accurate and true.  Each image of a check transmitted to us the Bank 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. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • Each check  You have instituted procedures to ensure that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice. • Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. • Each 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. • You have not knowingly failed to communicate any material information to us. • You will retain possession of each original check deposited using the Services for the required retention period comply with this Agreement and neither you nor any other party will submit the original check for payment. • Your account into which you deposit checks using the Servicesall applicable rules, laws, and regulations.  You are not aware of any factor which may impair the funds collectability of an item.  You agree to indemnify and hold harmless Brattleboro Savings and Loan from such checks, are only used any loss for consumer purposes and not for business purposesbreach of this warranty position. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us the Bank will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.

Appears in 1 contract

Samples: Mobile Check Deposit Disclosure and Agreement

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User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services: • Each image of a check transmitted to us 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. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice. • Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. • 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. • You have not knowingly failed to communicate any material information to us. • You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment. • Your account into which you You will not share your user name or passwords with anyone else for the purpose of using the Services to deposit checks using the Servicesinto your account. • You will protect your mobile device, user name, and the funds passwords from such checks, are only used for consumer purposes and not for business purposesunauthorized use. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.

Appears in 1 contract

Samples: Mobile Deposit Agreement

User Warranties and Indemnification. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services: Services • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, no fraudulent check and the drawer of the check has no defense against payment of the check. • The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurateandaccurate. • Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice. • Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. • 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. • You have not knowingly failed to communicate any material information to us. • You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment. • Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.

Appears in 1 contract

Samples: Alabama Electronic Banking Agreement Commercial

User Warranties and Indemnification. You make warrant to CU COMMUNITY CREDIT UNION that:  You will only transmit eligible items.  You will not transmit duplicate items.  You will not re-deposit or re-present the following warranties original item.  You will comply with this Agreement and representations with respect to your use all applicable rules, laws, and regulations.  You are not aware of any factor which may impair the collectability of the Services and each image of an original check you transmit to us using the Services: • item.  Each image of a check transmitted to us 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. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. • Each check that you submit to us for deposit  You 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 resubmitted in any format to us charged for, the item (either the original item, or to any other person for payment and will not cause the same drawer’s account to be debited twice. • Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images a paper or electronic representation of the original checkitem) such that the person will be asked to make payment based on an item it has already paid. • Each original check was  You are authorized by the drawer in the amount stated to enforce each item transmitted or am authorized to obtain payment of each item on the original check and behalf of a person entitled to the payee stated on the original checkenforce such transmitted item. You have not knowingly failed to communicate any material information to us. You will retain have possession of each original check deposited using the Services for the required retention period and neither you nor any other no party will submit the original check for payment. • Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. You understand and agree that you are required to indemnify us and hold us harmless against CU COMMUNITY CREDIT UNION from any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or loss for breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreementwarranty provision.

Appears in 1 contract

Samples: Mobile Deposit User Agreement

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