Common use of User Warranties Clause in Contracts

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. You warrant to us that: •You • You will only deposit checks or use any Service that is are authorized by this Agreement, the Procedures and the Deposit Account Agreement, for a personal, family or household purposeAgreement governing your account. •You • 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 • 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 • 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 • 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 • You will comply with this Agreement and all applicable rules, laws and regulations. •You • You are not aware of any factor that may impair the collectability of the check. •This • 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 • 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 • All checks and your transactions are, and will be, bona fidegenuine. All signatures on checks are authentic and authorized. • You and any user you authorize will use the Service only for lawful purposes and in compliance with all applicable rules and regulations and with our reasonable instructions, rules, policies, specifications, and operating procedures and will not violate any law of any country or the intellectual property rights of any third party.

User Warranties.  You warrant to us that: •You will only deposit checks or use any Service Checks that is are authorized by this Agreement, the Procedures and the Account Agreement, for a personal, family or household purposeBank’s terms and conditions governing your account. •You  You will not (i) create duplicate Images of the checksChecks, (ii) transmit a duplicate Image to usBank, or (iii) deposit or otherwise negotiate the original of any check Check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to usBank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original check Check from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the check(sCheck(s). •No  No subsequent transferees of the Image(s), including but not limited to usBank, 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 checkCheck. •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  All data and other information you provide to usthe Bank, including, but not limited to, data contained in the MICR line of each check Check is complete, accurate and true and complies with the requirements of this Agreement. •You  You will comply with this Agreement and all applicable rules, laws and regulations. •You  You are not aware of any factor that which may impair the collectability of the checkCheck. •This  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  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  All Checks and your transactions are, and will be, bona fide. All signatures on checks Checks are authentic and authorized.  You agree to indemnify and hold harmless Bank from and against any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and Bank, including, but not limited to, Bank’s terms and conditions governing your account. The terms of this paragraph shall survive the termination of this Agreement.

User Warranties. You warrant to us that: •You Tejas Bank Mobile Deposit Service Agreement • You will only deposit checks or use any Service that is are authorized by this Agreement, the Procedures and the Personal Deposit Account Agreement, for a personal, family or household purposeAgreement and/or Business Deposit Account Agreement governing your account. •You • 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 • 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 • 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 • 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 • You will comply with this Agreement and all applicable rules, laws and regulations. •You • You are not aware of any factor that may impair the collectability of the check. •This • 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 • 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 • All checks and your transactions are, and will be, bona fide. All signatures on checks are authentic and authorized.

User Warranties. You warrant to us Bank that: •You • You will only deposit checks or use any Service Checks that is are authorized by this Agreement, the Procedures and the Deposit Account Agreement, for a personal, family or household purposeAgreement governing your account. •You • You will not (i) create duplicate Images of the checksChecks, (ii) transmit a duplicate Image to usBank, or (iii) deposit or otherwise negotiate the original of any check Check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to usBank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original check Check from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the check(sCheck(s). •No • No subsequent transferees of the Image(s), including but not limited to usBank, 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 checkCheck. •Each • Each Image you transmit to us Bank contains an accurate representation of the front and the back of each check Check and complies with the requirements of this Agreement. •All • All data and other information you provide to usthe Bank, including, but not limited to, data contained in the MICR line of each check Check is complete, accurate and true and complies with the requirements of this Agreement. •You • You will comply with this Agreement and all applicable rules, laws and regulations. •You • You are not aware of any factor that which may impair the collectability of the checkCheck. •This • 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 • 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 • All Checks and your transactions are, and will be, bona fide. All signatures on checks Checks are authentic and authorized. • You agree to indemnify and hold harmless Bank from and against any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and Bank, including, but not limited to, Bank’s Terms and Conditions governing your account. The terms of this paragraph shall survive the termination of this Agreement.

User Warranties. You warrant to us that: •You will only deposit checks or use any Service that is authorized by this AgreementAgreem ent, the Procedures and a nd 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, drawerdra wer, draweedra wee, 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, drawerdra wer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the Image was presented for payment pa yment 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 ea ch 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. You warrant to us Bank that: •You • You will only deposit checks or use any Service Checks that is are authorized by this Agreement, the Procedures and the Account Agreement, for a personal, family or household purposeBank’s terms and conditions governing your account. •You • You will not (i) create duplicate Images of the checksChecks, (ii) transmit a duplicate Image to usBank, or (iii) deposit or otherwise negotiate the original of any check Check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to usBank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original check Check from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the check(sCheck(s). •No • No subsequent transferees of the Image(s), including but not limited to usBank, 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 checkCheck. •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 • All data and other information you provide to usthe Bank, including, but not limited to, data contained in the MICR line of each check Check is complete, accurate and true and complies with the requirements of this Agreement. •You • You will comply with this Agreement and all applicable rules, laws and regulations. •You • You are not aware of any factor that which may impair the collectability of the checkCheck. •This • 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 • 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 • All Checks and your transactions are, and will be, bona fide. All signatures on checks Checks are authentic and authorized. • You agree to indemnify and hold harmless Bank from and against any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and Bank, including, but not limited to, Bank’s terms and conditions governing your account. The terms of this paragraph shall survive the termination of this Agreement.

User Warranties. You warrant to us that: •You • You will only deposit checks or use any Service that is are authorized by this Agreement, the Procedures and the Consumer Deposit Account AgreementAgreement and/or Business Deposit Account Agreement and their associated Terms and Conditions, for a personal, family or household purposegoverning your account. •You • 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 • 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 • 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 • 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 • You will comply with this Agreement and all applicable rules, laws and regulations. •You • You are not aware of any factor that may impair the collectability of the check. •This • 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 • 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 • All checks and your transactions are, and will be, bona fide. All signatures on checks are authentic and authorized.

User Warranties. You warrant to us that: •You  You will only deposit checks or use any Service that is are authorized by this Agreement, the Procedures and the Consumer Account Agreement, for a personal, family or household purposeAgreement and/or Business Account Agreement governing your account. •You  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  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  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  All data and other information you provide to us, including, but not limited to, data contained in the MICR line of each check check, is complete, accurate and true and complies with the requirements of this Agreement. •You  You will comply with this Agreement and all applicable rules, laws and regulations. •You  You are not aware of any factor that may impair the collectability of the check. •This  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  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  All checks and your transactions are, and will be, bona fide. All signatures on checks are authentic and authorized.  You have the authority to enter into this Agreement.  You are at least 18 years of age, or have reached the age of majority under the law.  You have not altered any check deposited using the Service.

User Warranties. You warrant to us Bank that: •You  You will only deposit checks or use any Service Checks that is are authorized by this Agreement, the Procedures and the Deposit Account Agreement, for a personal, family or household purposeAgreement governing your account. •You  You will not (i) create duplicate Images of the checksChecks, (ii) transmit a duplicate Image to usBank, or (iii) deposit or otherwise negotiate the original of any check Check of which an Image was created. You further warrant that no subsequent transferee, including but not limited to usBank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original check Check from which the Image(s) was created or a duplication (whether paper or electronic, including ACH entries) of the check(sCheck(s). •No  No subsequent transferees of the Image(s), including but not limited to usBank, 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 checkCheck. •Each  Each Image you transmit to us Bank contains an accurate representation of the front and the back of each check Check and complies with the requirements of this Agreement. •All  All data and other information you provide to usthe Bank, including, but not limited to, data contained in the MICR line of each check Check is complete, accurate and true and complies with the requirements of this Agreement. •You  You will comply with this Agreement and all applicable rules, laws and regulations. •You  You are not aware of any factor that which may impair the collectability of the checkCheck. •This  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  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  All Checks and your transactions are, and will be, bona fide. All signatures on checks Checks are authentic and authorized.  You agree to indemnify and hold harmless Bank from and against any and all claims, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from a breach of any of your warranties, representations and/or obligations under this Agreement or any other agreement between you and Bank, including, but not limited to, Bank’s Terms and Conditions governing your account. The terms of this paragraph shall survive the termination of this Agreement.