Your Representations and Warranties. You represent and warrant to us that: (i) you are duly organized, validly existing, and in good standing under the laws of the jurisdiction in which you are organized; (ii) you are duly qualified and licensed to do business in all jurisdictions in which you conduct business; (iii) you have full authority to enter into the Agreement and all necessary assets and liquidity to perform your obligations and pay your debts hereunder as they become due; (iv) there is no circumstance threatened or pending that might have a material adverse effect on your business or your ability to perform your obligations or pay your debts hereunder; (v) you are authorized to enter into the Agreement on behalf of your Establishments and Affiliates, including those indicated in the Agreement, and the individual who signs the Agreement or otherwise enters into it has authority to bind you and them to it; (vi) you are not (1) listed on the U.S. Department of Treasury, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List (available at xxx.xxxxx.xxx/xxxx), (2) listed on the U.S. Department of State’s Terrorist Exclusion List (available at xxx.xxxxx.xxx), or (3) located in or operating under license issued by a jurisdiction identified by the U.S. Department of State as a sponsor of international terrorism, by the U.S. Secretary of the Treasury as warranting special measures due to money laundering concerns, or as noncooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization of which the United States is a member; (vii) you have not assigned to any third party any payments due to you under the Agreement and all indebtedness arising from Charges are for bona fide sales of goods or services (or both) at your Establishments and free of any liens, claims, or encumbrances other than ordinary sales taxes; (viii) all information that you provided in connection with the Agreement is true, accurate, and complete; and (ix) you have read the Agreement and kept a copy for your file. If any of your representations or warranties in the Agreement becomes untrue, inaccurate, or incomplete at any time, we may immediately terminate the Agreement in our discretion.
Your Representations and Warranties. By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States (“U.S.”) or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
Your Representations and Warranties. You represent and warrant: (i) that you will comply with all federal and state laws, and rules and regulations applicable to deposit and check transactions, including those of the National Automated Clearing House for ACH transactions;(ii) that all checks deposited through the Service are made payable to you; (iii) that all signatures on each check are authentic and authorized; and (iv) that each check has not been altered. In the event you breach any of these representations or warranties, you agree to defend, indemnify and hold Credit Union and its agents harmless from and against all liability, damages and loss arising out of any claims, suits or demands brought by third parties with respect to any such breach. You further authorize the Credit Union to charge its account for the amount of any such demand, claim or suit that constitutes a breach of warranty claim under the provisions of the Uniform Commercial Code.
Your Representations and Warranties. You represent and warrant that: (a) you are of legal age in the state in which you live and you are authorized to enter into this Agreement; (b) you have supplied accurate information in your Account Application (c) no additional authorizations from third parties are required for you to open the Account and effect transactions therein; (d) except as you have otherwise indicated on your HSA Enrollment and Agreement Form or in writing to us
Your Representations and Warranties. You represent, warrant, and covenant that: • You are entering into this Agreement in Your professional capacity for trade, business, or professional purposes only, as a specialized services provider (if You are a Supplier), or as an operator in the field for which You seek a Supplier (if You are a Client), and not for your personal, family, or household purposes; • the Payment Account information You have provided to Us is for an account established and used solely for business or commercial purposes, and is not used for personal, family, or household purposes; • You possess the legal right and ability to enter into this Agreement and to comply with its terms; • You will use the Avetta Services and Site for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies; • You will only use the Avetta Services and Site on a computer and/or mobile phone on which such use is authorized by the computer's and/or mobile phone's owner; • the information that You provide is truthful and accurate and You have the right to provide such information; • You are, at minimum, the age of majority in your jurisdiction of residence and You are an individual who is capable to form legally binding contracts under applicable law on behalf of the entity You represent. • You agree not to: o upload, post, email, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; o use the Avetta Services or Site to harm minors in any way; o use the Avetta Services or Site to impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; o forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Avetta Services or Site; o remove any proprietary notices from the Site or the Avetta Services; o cause, permit or authorize the modification, creation of derivative works, or translation of the Avetta Services or Site without the prior written permission of Avetta; o use Avetta Services or Site for fraudulent or unlawful purposes; o attempt to decompile, reverse engineer, disassemble or hack the Site or the Avetta Services, or to defeat or overcome any encryption technology or security measures implemented by Avetta with respect to the Site or t...
Your Representations and Warranties. By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (iv) you accept the Card.
Your Representations and Warranties. You represent and warrant to the Company that:
Your Representations and Warranties. You represent and warrant the following with respect to each Check Image that you transmit through the Service:
i. You have the legal right to accept the Original Check for deposit and negotiation to your account, and the Check Image is of an Eligible Check.
ii. The Check Image that you transmit accurately represents all of the information on the front and back of the Original Check, including (without limitation) all endorsements, at the time of transmission.
iii. You have not taken any action that would obscure, alter, or impair the capture or transmission of information on the front or back of the Original Check or that otherwise may prevent us or another bank from capturing or processing such information.
iv. You make all warranties that would otherwise apply to the Original Check if it had been a paper item deposited with us. For example, you warrant that the Original Check has not been altered and that you have a right to enforce the Original Check.
v. You make all encoding, transfer, presentment, and other warranties that we or any correspondent bank we use are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearinghouse rule, or image exchange network rule or agreement to which we or they are a party.
vi. No Original Check will be presented for deposit or payment more than once. You have not previously cashed, deposited or transferred the Original Check, any image of the Original Check or any substitute check for the Original Check.
vii. The Original Check is not otherwise prohibited by this Agreement.
viii. You will only use the Service for lawful purposes and in compliance with the online instructions and applicable law.
ix. You will not submit files containing malicious code.
x. No person will receive a transfer, presentment or return of, or otherwise be charged for the Check Image, the Original Check, or a paper or electronic representation of the Original Check such that the person will be asked to make a payment based on an item that it has already paid.
xi. You will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners retain all rights, title and interests in and to the Services and software made available to you.
Your Representations and Warranties. You represent and warrant:
Your Representations and Warranties a. You represent that you are the legal owner of the Accounts and other financial information which may be accessed via the Digital Services. You represent and agree that all information you provide to us in connection with your use of the Digital Services is accurate, current, and complete, and that you have the right to provide such information to us. You agree that you will not misrepresent your identity or your Account information. You agree to keep your Account information up-to-date and accurate. You authorize us to debit your Account for any transactions processed through Digital Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your Accounts at the Credit Union or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer.
b. You represent and warrant that you will not copy, reproduce, distribute, or create derivative works from the Digital Services technology. You further represent and warrant that you will not reverse engineer or reverse compile any Digital Services technology, including but not limited to, any software or other mobile phone applications associated with the Digital Services. You agree not to use the Digital Services or the content or information delivered through the Digital Services in any way that would infringe any third- party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, under the laws of any jurisdiction, including any rights in the Digital Services software.
c. You represent and warrant that all transactions that you initiate by use of the Digital Services are legal in the jurisdiction where you live and/or where the transaction occurred. You represent and warrant that you will not use the Digital Services for any illegal or unlawful transaction, including but not limited to: (i) false, misleading, inaccurate and/or fraudulent transactions or those that involve the sale of counterfeit or stolen items; (ii) the use of digital access to impersonate another person or entity; (iii) violation of any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
