Use of the Services. Following receipt of your notification approving my use of the Services, I am authorized by you to remotely deposit paper checks I receive to my account with you (the “Account”) by electronically transmitting a digital image of the paper check(s) to you for deposit. My use of the Services constitutes my acceptance of the terms and conditions of this Disclosure and Agreement Upon receipt of the digital image, you will review the image for acceptability. I understand that, in the event I receive a notification from you confirming receipt of an image, such notification does not mean that the image contains no errors or that you are responsible for any information I transmit to you. You are not responsible for any image that you do not receive. Following receipt of the image, you may process the image by preparing a “substitute check” or clearing the item as an image. Notwithstanding anything to the contrary, you reserve the right, within your sole and absolute discretion, to accept or reject any item for remote deposit into my Account. I understand that any amount credited to my Account for items deposited using the Services is a provisional credit and I agree to indemnify you against any loss you suffer because of your acceptance of the remotely deposited check. In addition I agree that I will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, (ii) copy or reproduce all or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service. Compliance with Law I agree to use the Service for lawful purposes and in compliance with laws, statutes, regulations and ordinances pertaining to the services, all laws relating to the banking transactions contemplated hereunder. I warrant that I will only transmit acceptable items for deposit and have the original items in accordance with applicable laws, rules, and regulations. I promise to indemnify and hold the Bank harmless for any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity will survive termination of the Account and this Agreement.
Use of the Services. 1.1 We will make the Oracle services listed in Your order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non- exclusive, worldwide, limited right to use the Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or Your order (the “Services Period”), solely for Your internal business operations. You may allow Your Users (as defined below) to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order.
Use of the Services. 4.1 Our Responsibilities. We shall: (i) provide to You basic support for the Purchased Services at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via email or the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. GMT Friday to 3:00 a.m. GMT time Monday), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Our employees), or Internet service provider failures or delays, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.
Use of the Services. 6.1 You are responsible for identifying and authenticating all Users, for approving access by such Users to the Services, for controlling against unauthorized access by Users, and for maintaining the confidentiality of usernames, passwords and account information. By federating or otherwise associating Your and Your Users’ usernames, passwords and accounts with Oracle, You accept responsibility for the confidentiality and timely and proper termination of user records in Your local (intranet) identity infrastructure or on Your local computers. Oracle is not responsible for any harm caused by Your Users, including individuals who were not authorized to have access to the Services but who were able to gain access because usernames, passwords or accounts were not terminated on a timely basis in Your local identity management infrastructure or Your local computers. You are responsible for all activities that occur under Your and Your Users’ usernames, passwords or accounts or as a result of Your or Your Users’ access to the Services, and agree to notify Oracle immediately of any unauthorized use. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services.
Use of the Services. Following receipt of your notification approving my use of the Services, I am authorized by you to remotely deposit paper checks I receive to my account with you (the “Account”) by electronically transmitting a digital image of the paper checks to you for deposit. My use of the Services constitutes my acceptance of the terms and conditions of this Disclosure and Agreement. I agree to comply with the hardware and software requirements set forth at Exhibit “A,” which is attached hereto and incorporated by this reference. I understand and agree that receipt of an image does not occur until after you notify me of receipt of the image via the Deposit History feature within Deposit Anywhere. I understand that notification from you confirming receipt of an image does not mean that the image contains no errors or that you are responsible for any information I transmit to you. You are not liable for any image that you do not receive. Following receipt of the image, you may process the image by preparing a “substitute check” or clearing the item as an image. Notwithstanding anything to the contrary, you reserve the right, within your sole and absolute discretion, to accept or reject any item for remote deposit into my Account. I understand that any amount credited to my Account for items deposited using the Services is a provisional credit and I agree to indemnify you against any loss you suffer because of your acceptance of the remotely deposited check. I agree that I will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Services, (ii) copy or reproduce all or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Services. Guarantee Specific to Deposits Received for Credit to a Consumer or Business Account: My use of the Services for the purpose of depositing to a Consumer or Business Account constitutes my understanding and agreement that I am personally liable for any expenses BCU incurs in attempting to obtain final payment for the item in question, outside of the routine costs associated with item processing, in the event of a default by myself and/or by my Business. This includes but is not limited to recovery of the amount credited in the event of non-payment, collection costs and attorney’s fees, as well as any and all costs associated with BCU enforcing this Guarantee. This Guarantee shall benefit BCU and its successors an...
Use of the Services. (a) Customer assumes exclusive responsibility for the consequences of any instructions Customer may give M&I, for Customer's failure to properly access the Services in the manner prescribed by M&I, and for Customer's failure to supply accurate input information; (b) Customer agrees that it will use the Services in accordance with such reasonable policies as may be established by M&I from time to time as set forth in any materials furnished by M&I to Customer; (c) Customer agrees that, except as otherwise permitted by M&I, Customer will use the Services only for its own internal business purposes and will not sell or otherwise provide, directly or indirectly, any of the Services or any portion thereof to any third party; and (d) Customer agrees and represents that (i) this Agreement has been approved by its Board of Directors, or that the officer executing this Agreement has been specifically authorized by Customer's Board of Directors to execute this Agreement, (ii) the performance of this Agreement by the Customer will not affect the safety or soundness of the Customer or any of its affiliates, and (iii) this Agreement, and the obligations evidenced hereby, will be properly reflected on the books and records of the Customer, and the Customer will provide evidence of the same to M&I upon request.
Use of the Services. Customer may use the Services ordered by Customer solely for Customer's internal business purposes. Customer may grant administrative access and authority in relation to the Services to employees or contractors of Customer's organization ("Administrative Users"), provided that Customer will remain responsible and liable for all actions or omissions of its Administrative Users in connection with the Services. Customer may purchase implementation and configuration Services from Convercent but notwithstanding any such Services, Customer will be solely responsible for; (a) configuring or determining how the Services will be configured for Customer's use; (b) providing for and maintaining any systems, software, hardware, web browser and internet service necessary to access and use the Services; (c) establishing, managing, maintaining, and supporting access rules, incident reporting protocols, authorization of Customer representatives to receive incident reports and communications and any other distribution rules regarding the Services or information contained therein, and (d) providing legally required and appropriate disclosures, and the content thereof, to third parties making reports through the Services. Customer may submit written incident reports online through the Services in English or in another supported language indicated within the Services.
Use of the Services. In order to access certain Services, Dealer may be required to provide information about Dealer and Dealer’s business (such as identification, billing or contact details). Dealer agrees that any information Dealer provides will be accurate, complete and up to date. Dealer agrees to maintain the confidentiality of passwords associated with any account Dealer uses to access the Services. Dealer acknowledges that the Services may allow Dealer to designate administrators for the Services, thereby granting certain rights and authorizations relating to, among other things, selection of, and preferences for, Services and billing. Dealer agrees that Dealer is solely responsible for all fees, costs or other expenses charged related to any selections made by Dealer or Dealer’s designees. Dealer acknowledges that certain Services may provide Dealer with access to and use of certain toll‐free and local tracking phone numbers, as well as other services relating to such numbers (collectively, with the services, the "Number(s)"). Dealer acknowledges and understands that when a person (the "Caller") calls a Number, the Caller will be automatically advised that each call is subject to recording and monitoring prior to the connection of the telephone call to Dealer through the Number (the "Recorded Call Message"). Dealer represents, warrants and agrees in connection with Dealer’s use of the Services, that Dealer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, that Dealer is permitted to engage in such activities, and that Dealer shall use the Number(s) in full compliance with all applicable laws and regulations. Dealer represents and warrants that Dealer has had the opportunity to review the proposed usage of the Numbers with Dealer’s legal counsel, and that Dealer has established proper procedures to protect the privacy of, and otherwise comply with all applicable laws and regulations with respect to, Callers and the Call Receivers (defined below). In the event the Recorded Call Message requires a revision in order to comply with applicable laws, then Dealer shall promptly notify Shift Digital in writing of that fact, advising Shift Digital as to the exact language necessary to comply with the applicable laws. Dealer agrees and acknowledges that neither Shift Digital, nor Subaru, nor any Service Providers accept any responsibility for (a) the legality of recording, monitoring, storing and/or divulging telephone calls and (b) the ...
Use of the Services. 8.1. The Customer shall and shall use its reasonable endeavours to procure that the Users shall use the Services in accordance with our support processes and any reasonable operating instructions issued by UC-RESELLER from time to time in writing (which shall for these limited purposes include email) to the Customer. UC-RESELLER shall not be liable for any failure or delay in the provision of the Services and/or the performance of its obligations under the Agreement and/or any Services Agreement to the extent that such failure and/or delay has been caused by any failure and/or delay by the Customer and/or any User to comply with the support processes and/or any reasonable operating instruction issued by UC-RESELLER.