Common use of Your Representations and Warranties Clause in Contracts

Your Representations and Warranties. You represent and warrant to Thawte and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Thawte in your Certificate Application is accurate; (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.

Appears in 2 contracts

Sources: SSL Certificate Subscriber Agreement, SSL Certificate Subscriber Agreement

Your Representations and Warranties. You represent represent, warrant, and warrant 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 Thawte Us is for an account established and Relying Parties 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 (i) all information material 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 issuance of a Certificate you provide to Thawte in your Certificate Application is accurate; (ii) you will inform Thawte if Site or the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private keyAvetta Services, or any challenge phraseof the Avetta Services and/or data transmitted, PINprocessed or stored by Avetta; o change Your Payment Account information to include any credit card or bank account that is established by You primarily for personal, softwarefamily, or household purposes o upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); o upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; o upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; o upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware mechanism protecting or telecommunications equipment; o interfere with or disrupt the private keySite, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation liststhe Avetta Services, or otherwise; (viii) each digital signature created using your private key is servers or networks connected to or operated with the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere withSite, or reverse engineer (save disobey any requirements, procedures, policies or regulations of networks connected to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except or operated with the prior written approval from ThawteSite; o use the Site or the Avetta Services to intentionally or unintentionally violate any applicable local, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKIstate, that you are solely responsible for deciding whether national or not to rely on such informationinternational law, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.rule or regulation;

Appears in 2 contracts

Sources: End User Service Agreement, End User Service Agreement

Your Representations and Warranties. You represent and warrant to Thawte GeoTrust and Relying Parties anyone who relies on your Certificate that (i) all the information material to the issuance of a Certificate you provide and all the representations you make to Thawte GeoTrust in your Certificate Application is are accurate; (ii) you will inform Thawte GeoTrust if the information you provided and all the representations you made to Thawte GeoTrust in your Certificate Application changed or are is no longer valid; (iii) the no Certificate information you provided (including your e-mail address) does not infringe infringes the Intellectual Property Rights intellectual property rights of any third partyparties; (iv) the Certificate Application information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key and no unauthorized person has had or will have access to your private key, or ; (vi) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, PIN, software, or hardware mechanism protecting the your private key, key and no unauthorized person has had or will have access to such materials or informationthe same; (vivii) you will use your Certificate exclusively for authorized and legal purposes consistent with this Subscriber Agreement; (viiviii) you will use your Certificate as an end end-user Subscriber and not as a Certification Authority to issue issuing Certificates, certification revocation lists, or otherwise; (viiiix) each digital signature created using your private key is the Subscriber’s your digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; and (ixx) you manifest assent to this Subscriber Agreement as a condition of obtaining a Certificate; and (xxi) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte GeoTrust PKI, except with the prior written approval from ThawteGeoTrust, and shall not otherwise intentionally compromise the security of the Thawte GeoTrust PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on the information in a digital certificate issued within the Thawte GeoTrust PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation obligations you might have as a Relying Party under the applicable Relying Party Agreement.

Appears in 2 contracts

Sources: Subscriber Agreement, Geotrust SSL Certificate Subscriber Agreement

Your Representations and Warranties. You Before using the Website, Service and Information, you represent and warrant warrant, as of the date hereof, and while this Agreement remains in effect, the following: (a) you have full right, power, capacity and authority to Thawte enter into this Agreement and Relying Parties that perform your obligations hereunder; (ib) all this Agreement and the obligations hereunder are legal, valid and binding on you and enforceable against you in accordance herewith; (c) if you are a corporation, limited liability company or other legal entity, such entity is duly organized and in good standing in the jurisdiction in which it is organized and every state or jurisdiction in which it does business; (d) except as disclosed in writing to TT4P, no other person or entity has a legal interest in this Agreement and you are acting solely as a principal and not an agent; (e) you may access the Website, Service and Information and in doing so do not violate the laws of any jurisdiction; (f) any information material to the issuance of a Certificate you provide to Thawte TT4P is true, complete and accurate in your Certificate Application is accurate; (ii) all material respect and you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights shall promptly notify TT4P of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access changes to such materials or information; (vih) no Event of Default, as defined below, has occurred with respect to you will use your Certificate exclusively for authorized and legal purposes consistent with no Event of Default would occur as a result of its entering into or performing its obligations under this Agreement; (viii) you will use your Certificate as an end user are a sophisticated investor that, acting alone or in concert with its advisors, has a full understanding of all the terms, conditions, potential losses and not as a Certification Authority to issue Certificatesrisks, certification revocation listswhether financial, emotional or otherwise, of making investments and trading decisions and is capable of assuming and willing to assume those potential losses and risks; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ixj) you manifest assent to this Agreement as a condition of obtaining a Certificate; have consulted with its own legal, regulatory, tax, business, investment, financial and (x) you will not monitor, interfere with, or reverse engineer (save accounting advisors to the extent that it has deemed necessary, and it has made its own investment and trading decisions (including decisions regarding the suitable of any investment) based upon its own judgment and upon any advice from such advisors as it has deemed necessary and not upon any advice, statement or opinion expressed by TT4P; (k) you can not be prohibited from so doing under applicable law) the technical implementation have a full understanding of the Thawte PKImerits and risks of each particular investment, except exchange, market, execution facility and clearing organization in which it may invest or trade, including without limitation, the particular risks associated with the prior written approval from Thawte, investment and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that trading in Options; (m) you are solely responsible for deciding making the decision whether to make any investment, including the market, timing, quantity and price of each investment and have determined that entering into or terminating such investment is prudent and suitable in all respects; and (n) you hereby consent to receive calls at the telephone number provided by you that are initiated by TT4P and its authorized representatives for any purpose including, but not limited to, telephone solicitations, as defined by 47 U.S.C.A §227(a)(4), placed by TT4P and its authorized representatives through the use of an automatic telephone dialing system or artificial or pre-recorded voice or any other method. You shall be deemed to rely on such informationrepeat each of the foregoing representations and warranties while this Agreement continues in effect. and as of the date of each investment and while that investment remains open. You agree to promptly notify TT4P in writing if any of the warranties and representations contained in this Agreement become inaccurate or in any way cease to be true, complete and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreementcorrect.

Appears in 2 contracts

Sources: User Agreement, User Agreement

Your Representations and Warranties. You In addition to the representations and warranties in the CP, CPS and Customer Agreement, you represent and warrant to Thawte and us and, as applicable, Relying Parties that that: (ia) all All material information material you provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You will notify us if any information you provide to Thawte us in your Certificate Application or related to the issuance of a Certificate to you changes, becomes misleading or inaccurate, or is accurate; (ii) no longer valid. The information you will inform Thawte if the representations you made provide to Thawte us in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights intellectual property rights of any third party; (iv) the Certificate information you provided (including your email address) party and has not been and will not be used for any unlawful purpose; . You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading. (vb) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person possessing person(s) in possession of your private key, or any challenge phrase, PIN, software, or hardware mechanism Private Key and all materials and information protecting the private keyyour Private Key, and no unauthorized person has had or will have access to such materials or and information; . (vic) you You will use your Certificate exclusively for authorized Certificates in compliance with all applicable laws and legal purposes consistent in accordance with this Agreement; (vii) you will use your Certificate agreement and any applicable standards as an end user and not as a Certification Certificate Authority to issue Certificatescertificates, certification certificate revocation lists, or otherwise; (viii) each . Each digital signature created using your private key Private Key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you . You will not monitor, interfere with, with or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, PKI (unless you cannot be prohibited from doing so under applicable law) except with the prior written approval from Thawteof AWS, and shall will not otherwise intentionally compromise the security of the Thawte PKI. . (d) You further represent will not modify, reverse-engineer, sublicense or create a derivative work of any Certificate (except as required to use the Certificate for its intended purpose), Private Key and warrant will not (i) use or make any representations about a Certificate except as allowed in the CPS, (ii) use a Certificate to sign or distribute any software, file or code that you have sufficient information may damage the operation of a third party’s computer or that is downloaded without a user’s consent or (c) intentionally create a Private Key that is substantially similar to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party AgreementAWS Private Key.

Appears in 1 contract

Sources: Certificate Subscriber Agreement

Your Representations and Warranties. You represent and warrant to Thawte and Relying Parties that warrant: (i) that you will comply with all information material federal and state laws, and rules and regulations applicable to Mobile Deposit transactions, including those of the National Automated Clearing House for ACH transactions, as well as all laws pertaining to the issuance conduct of a Certificate you provide to Thawte in your Certificate Application is accuratebusiness if applicable; (ii) you will inform Thawte if the representations you that all Checks imaged through Mobile Deposit are made payable to Thawte in your Certificate Application changed or are no longer validyou; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third partythat all signatures on each check are authentic and authorized; (iv) the Certificate information you provided (including your email address) that each check has not been and will not be used for any unlawful purposealtered; (v) that you will only transmit acceptable items for deposit and have been (since handled the time of its creation) original items in accordance with applicable laws, rules and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or informationregulations; (vi) you will use your Certificate exclusively for authorized that each image of a check transmitted to us is a true and legal purposes consistent with this Agreement; accurate rendition of the front and back of the original check, without alteration, and the drawer of the check has no defense against payment of the check, (vii) you will use your Certificate as an end user that the amount, the payee, and not as a Certification Authority to issue Certificatesendorsement(s) on the original check are legible, certification revocation listsgenuine, or otherwiseand accurate; (viii) each digital signature created using your private key is that you will not deposit or otherwise endorse to a third party the Subscriber’s digital signatureoriginal item (the original check) and no person will receive a transfer, and presentment, or return of, or otherwise be charged for, the Certificate 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 the Credit Union has been accepted and is operational (not expired or revoked) at the time the digital signature is createdalready paid; (ix) that other than the digital image of an original check that you manifest assent to this Agreement as a condition remotely deposit through our Services, there are no other duplicate images of obtaining a Certificatethe original check; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information instituted procedures to make an informed decision as ensure that each original check was authorized by the drawer in the amount stated on the original check and to the extent to which you choose to rely payee stated on a digital certificate issued within the Thawte PKI, original check; (xi) that you are solely responsible for deciding whether authorized to enforce each item transmitted or not you are authorized to rely obtain payment of each item on behalf of a person entitled to enforce such informationtransmitted item; (xii) that the information you provided in your Application remains true and correct and, and in the event any such information changes, you will immediately notify us of the change; (xiii) that you shall bear have not knowingly failed to communicate any material information to us; (xiv) that you have possession of each original check deposited using the legal consequences of your failure to perform any obligation you might have as a Relying Party under Services and no party will submit the applicable Relying Party Agreement.original check for payment; and

Appears in 1 contract

Sources: Remote Deposit Capture Services Agreement

Your Representations and Warranties. You represent and warrant to Thawte Company and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Thawte Company in your Certificate Application is accurateaccurate and complete; (ii) you will inform Thawte Company if the representations you made to Thawte Company in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you you, or someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person person(s) possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal lawful purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can cannot be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from ThawteCompany, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.obligation

Appears in 1 contract

Sources: SSL Certificate Subscriber Agreement

Your Representations and Warranties. You represent represent, warrant and warrant covenant to Thawte us that as of the date that the Agreement is effective, and Relying Parties that continuing during the term of the Agreement: (i) all every statement made to us on your application or other information material provided to us in relation to the issuance of a Certificate you provide to Thawte in your Certificate Application Agreement is accuratetrue, correct and complete; (ii) you will inform Thawte if are duly organized, validly existing, and in good standing under the representations laws of the jurisdiction in which you made to Thawte in your Certificate Application changed or are no longer validorganized; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third partyare duly qualified and licensed to do business in all jurisdictions in which you conduct business; (iv) you have full authority to enter into the Certificate information you provided (including Agreement and all necessary assets and liquidity to perform your email address) has not been obligations and will not be used for any unlawful purposepay your debts under the Agreement as they become due; (v) you there is no circumstance existing, threatened or pending that might have been (since a material adverse effect on your business or your ability to perform your obligations or pay your debts under the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or informationAgreement; (vi) you will use are authorized to enter into the Agreement on behalf of your Certificate exclusively for authorized Affiliates and legal purposes consistent with this Agreementthe individual who signs the Agreement or otherwise enters into it has authority to bind you and them to it; (vii) you will use your Certificate as an end user and are not as doing business under a Certification Authority name or style not previously disclosed to issue Certificates, certification revocation lists, or otherwiseus; (viii) each digital signature created using you use the services provided hereunder only for your private key is own proper business purposes and will not resell, directly or indirectly, any part of those services to any individual or Entity unless expressly permitted in the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired Merchant Regulations or revoked) at the time the digital signature is createdauthorized by us; (ix) you manifest assent to this Agreement as a condition have not submitted Transactions that are transactions between Cardmembers and any other individual or Entity, i.e., you have not engaged in factoring or “laundering” of obtaining a CertificateTransactions; and (x) you own and control the Merchant Account; (xi) you will not monitorat any time during the term of the Agreement grant or pledge, interfere withany security interest or lien in the Reserve Assets or Merchant Account to any individual or Entity without our consent; (xii) you are not (A) listed on the U.S. Department of Treasury, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List (available at ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇), (B) listed on the U.S. Department of State’s Terrorist Exclusion List (available at ▇▇▇.▇▇▇▇▇.▇▇▇), or reverse engineer (save C) 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 extent United States is a member; (xiii) 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 or with respect to liens or other security interests that you can not be prohibited grant pursuant to credit facilities obtained in the ordinary course of business from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether your commercial banks or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.other financial institutions; and

Appears in 1 contract

Sources: American Express Card Acceptance Agreement

Your Representations and Warranties. You represent and warrant to Thawte Company and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Thawte Company in your Certificate Application is accurateaccurate and complete; (ii) you will inform Thawte Company if the representations you made to Thawte Company in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you you, or someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person person(s) possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized authori- zed and legal lawful purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created crea- ▇▇▇ using your private key is the Subscriber’s Subscriber‘s digital signature, and the Certificate has been accepted and is operational operatio- nal (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can cannot be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from ThawteCompany, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement. If your Services include malware and/or vulnerability assessment, you further represent and warrant to Company that (xi) you have the corporate power and authority to give Company consent to proceed with the assessment; if your website is managed and/or hosted by a third-party service provider, you warrant that you have obtained the consent and authorization from the service provider necessary for Company to perform the assessment.

Appears in 1 contract

Sources: SSL Certificate Subscriber Agreement

Your Representations and Warranties. You In addition to the representations and warranties in the CP and CPS, you represent and warrant to Thawte and us and, as applicable, Relying Parties that that: (ia) all All material information material you provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You will notify us if any information you provide to Thawte us in your Certificate Application or related to the issuance of a Certificate to you changes, becomes misleading or inaccurate, or is accurate; (ii) no longer valid. The information you will inform Thawte if the representations you made provide to Thawte us in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights intellectual property rights of any third party; (iv) the Certificate information you provided (including your email address) party and has not been and will not be used for any unlawful purpose; . You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading. (vb) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person possessing person(s) in possession of your private key, or any challenge phrase, PIN, software, or hardware mechanism Private Key and all materials and information protecting the private keyyour Private Key, and no unauthorized person has had or will have access to such materials or and information; . (vic) you You will use your Certificate exclusively for authorized Certificates in compliance with all applicable laws and legal purposes consistent in accordance with this Agreement; (vii) you will use your Certificate Agreement and any applicable standards as an end user and not as a Certification Certificate Authority to issue Certificatescertificates, certification certificate revocation lists, or otherwise; (viii) each . Each digital signature created using your private key Private Key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you . You will not monitor, interfere with, with or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, PKI (unless you cannot be prohibited from doing so under applicable law) except with the prior written approval from Thawteof ATS, and shall will not otherwise intentionally compromise the security of the Thawte PKI. . (d) You further represent will not modify, reverse-­‐engineer, sublicense or create a derivative work of any Certificate (except as required to use the Certificate for its intended purpose), Private Key and warrant will not (i) use or make any representations about a Certificate except as allowed in the CPS, (ii) use a Certificate to sign or distribute any software, file or code that you have sufficient information may damage the operation of a third party’s computer or that is downloaded without a user’s consent or (c) intentionally create a Private Key that is substantially similar to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party AgreementATS Private Key.

Appears in 1 contract

Sources: Certificate Subscriber Agreement

Your Representations and Warranties. You In addition to the representations and warranties in the CP and CPS, you represent and warrant to Thawte and us and, as applicable, Relying Parties that that: (ia) all All material information material you provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You will notify us if any information you provide to Thawte us in your Certificate Application or related to the issuance of a Certificate to you changes, becomes misleading or inaccurate, or is accurate; (ii) no longer valid. The information you will inform Thawte if the representations you made provide to Thawte us in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights intellectual property rights of any third party; (iv) the Certificate information you provided (including your email address) party and has not been and will not be used for any unlawful purpose; . You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading. (vb) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person possessing person(s) in possession of your private key, or any challenge phrase, PIN, software, or hardware mechanism Private Key and all materials and information protecting the private keyyour Private Key, and no unauthorized person has had or will have access to such materials or and information; . (vic) you You will use your Certificate exclusively for authorized Certificates in compliance with all applicable laws and legal purposes consistent in accordance with this Agreement; (vii) you will use your Certificate Agreement and any applicable standards as an end user and not as a Certification Certificate Authority to issue Certificatescertificates, certification certificate revocation lists, or otherwise; (viii) each . Each digital signature created using your private key Private Key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you . You will not monitor, interfere with, with or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, PKI (unless you cannot be prohibited from doing so under applicable law) except with the prior written approval from Thawteof ATS, and shall will not otherwise intentionally compromise the security of the Thawte PKI. . (d) You further represent will not modify, reverse-engineer, sublicense or create a derivative work of any Certificate (except as required to use the Certificate for its intended purpose), Private Key and warrant will not (i) use or make any representations about a Certificate except as allowed in the CPS, (ii) use a Certificate to sign or distribute any software, file or code that you have sufficient information may damage the operation of a third party’s computer or that is downloaded without a user’s consent or (c) intentionally create a Private Key that is substantially similar to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party AgreementATS Private Key.

Appears in 1 contract

Sources: Certificate Subscriber Agreement

Your Representations and Warranties. You In addition to the representations and warranties in the CP and CPS, you represent and warrant to Thawte and us and, as applicable, Relying Parties that that: (ia) all information All material informationyou provide to us in your Certificate Application or related to the issuance of a Certificate to you is accurate, complete and up to date. You will notify us if any information you provide to Thawte us in your Certificate Application or related to the issuance of a Certificate to you changes, becomes misleading or inaccurate, or is accurate; (ii) no longer valid. The information you will inform Thawte if the representations you made provide to Thawte us in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights intellectual property rights of any third party; (iv) the Certificate information you provided (including your email address) party and has not been and will not be used for any unlawful purpose; . You will promptly cease using and request revocation of any Certificate if the data included therein has become inaccurate or misleading. (vb) You will not install or use a Certificate until after you have reviewed and verified the accuracy of the data included in the Certificate. You will promptly notify us if you become aware of any misuse of a Certificate. You will ensure that you, or someone explicitlyauthorized by you, have been (since the time of its creation) and will remain the only person possessing person(s) in possession of your private key, or any challenge phrase, PIN, software, or hardware mechanism Private Key and all materials and information protecting the private keyyour Private Key, and no unauthorized person has had or will have access to such materials or and information; . (vic) you You will use your Certificate exclusively for authorized Certificates in compliance with all applicable laws and legal purposes consistent in accordance with this Agreement; (vii) you will use your Certificate Agreement and any applicable standards as an end user and not as a Certification Certificate Authority to issue Certificatescertificates, certification certificate revocation lists, or otherwise; (viii) each . Each digital signature created using your private key Private Key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you . You will not monitor, interfere with, with or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, PKI (unless you cannot be prohibited f romdoing so under applicable law) except with the prior written approval from Thawteof ATS, and shall will not otherwise intentionally compromise the security of the Thawte PKI. (d) You will not modify, reverse-engineer, sublicense or create a derivative work of any Certificate (except as required to use the Certificate for its intended purpose), Private Key and will not (i) use or make any representations about a Certificate except as allowed in the CPS, (ii) use a Certificate to sign or distribute any software, file or code that may damage the operation of a third party’s computer or that is downloaded without a user’s consent or (c) intentionally create a Private Key that is substantially similar to an ATS Private Key. (e) You acknowledge that the above warranties are for the benefit of ATS and Relying Parties. You further represent and warrant “Relying Party” means an entity other than you that you have sufficient information to make an informed decision as to the extent to which you choose to rely acts in reliance on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether Certificate or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party AgreementDigital Signature.

Appears in 1 contract

Sources: Certificate Subscriber Agreement

Your Representations and Warranties. You represent and warrant to Thawte thawte and Relying Parties anyone who relies on your Certificate that (i) all the information material to the issuance of a Certificate you provide and all the representations you make to Thawte thawte in your Certificate Application is are accurate; (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe infringes the Intellectual Property Rights intellectual property rights of any third partyparties; (iviii) the Certificate Application information you provided (including your email address) has not been and will not be used for any unlawful purpose; (viv) you have been (since the time of its creation) and will remain the only person possessing your private key and no unauthorized person has had or will have access to your private key, or ; (v) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, PIN, software, or hardware mechanism protecting the your private key, key and no unauthorized person has had or will have access to such materials or informationthe same; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Subscriber Agreement; (vii) you will use your Certificate as an end end-user Subscriber and not as a Certification Authority to issue issuing Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s your digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Subscriber Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte thawte PKI, except with the prior written approval from Thawtethawte, and shall not otherwise intentionally compromise the security of the Thawte thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.

Appears in 1 contract

Sources: Developer Certificate Services Agreement

Your Representations and Warranties. You represent Member Business represents, warrants, and warrant covenants that: Member Business shall only deposit Checks that are authorized by this Agreement, the RULES, Procedures and the Deposit Agreement; Each Image transmitted by Member Business to Thawte CREDIT UNION contains an accurate representation of the front and Relying Parties that (i) all back of each Check and complies with the requirements of this Agreement; All data and other information material submitted by Member Business to CREDIT UNION, including, but not limited, to data contained in the issuance MICR line of each Check is complete and accurate and complies with requirements of this Agreement; Member Business is not a Certificate you provide to Thawte in your Certificate Application is accurate; (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been consumer, and will not Remote Deposit shall be used for business purposes only; Member Business will not: (a) create duplicate Images of the Checks, (b) transmit a duplicate Image or Deposit to CREDIT UNION, or (c) deposit or otherwise negotiate the original of any unlawful purposeCheck of which an Image was created. Member Business further warrants that no subsequent transferee, including but not limited to CREDIT UNION, a collecting or returning bank, drawer, drawee, payee, or endorser will be asked to pay the original Item from which the Image(s) was created or a duplication (whether paper or electronic) of the Item(s); No Subsequent transferees of the Item(s), including but not limited to CREDIT UNION, 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; All information provided by Member Business to CREDIT UNION is true, complete, and accurate and properly reflects the business, financial condition and principal partners, owners or officers, of Member Business. Member Business is not engaged in, or affiliated with, any businesses, products, or methods of selling other than those disclosed by Member Business to CREDIT UNION; As to Authority and Legality; (va) you The individuals signing this Agreement are authorized signers of the Member Business, and have been granted proper authority by this Organization to execute this Agreement on behalf of this Organization; (since b) this Agreement is valid and enforceable against Member Business in accordance with its terms; and (c) the time entry into, and performance of, this Agreement by Member Business will not violate any law, or conflict with any other agreement, to which Member Business is subject; There is no action, suit, or proceeding pending or, to Member Business’s knowledge, threatened which, if decided adversely, would impair Member Business’s ability to carry on its business substantially as now conducted or which would adversely affect Member Business’s financial condition or operations. All Checks and business transactions of its creation) Member Business are, and will remain the only person possessing your private keybe, or any challenge phrase, PIN, software, or hardware mechanism protecting the private keybona fide. All signatures on Checks are authentic and authorized. Member Business conducts its business, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized submits Checks and legal purposes consistent Deposits in compliance with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation liststhe Procedures, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signatureapplicable law, and the Certificate has been accepted and is operational (Rules. Member Business further warrants that the Credit Union shall not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement sustain a loss as a condition result of obtaining a Certificate; returned items, and (x) you will not monitoragrees that Member Business is responsible for paying any and all fees associated with said returned items. No Deposits or Checks contain any computer viruses or other harmful, interfere withintrusive, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreementinvasive codes.

Appears in 1 contract

Sources: Remote Deposit Agreement

Your Representations and Warranties. You As of the date hereof, and as of the date of each Transaction, you represent and warrant to Thawte FORA TRADE and Relying Parties agree for the benefit of FORA TRADE, its Affiliates and their respective Representatives that: • you have read all the documents provided to you in connection with Services and Platform and you understand and agree that your relationship with FORA TRADE will be governed by these documents as amended from time to time; you must not apply to register on the Platform in order to create Personal Cabinet or commence trading with us if you are unsure as to how our Services or Platform operate or the nature of the risks involved; • execution (iby electronic acceptance or other means via the Platform or email) of this Agreement and all Transactions contemplated hereunder and performance of all obligations contemplated under this Agreement have been duly authorized by all necessary action by you; and each Person executing this Agreement (or authorized to accept its terms electronically or otherwise) and entering into each Transaction hereunder on your behalf has been duly authorized to do so; • all information material provided by you to FORA TRADE at any time, including but not limited to the issuance of a Certificate you provide to Thawte information provided in your Certificate Application Personal Cabinet, is accuratein all material respects true, accurate and not misleading; • this Agreement and each Transaction constitutes a legal, valid and binding obligation on you, enforceable against you in accordance with its terms; • execution by you of this Agreement and entering into each Transaction contemplated hereunder, and performance of all of your obligations under this Agreement and your use of the Platform including entering into each Transaction contemplated hereunder, will not violate any applicable Law; • you are able to make or take delivery (iias applicable) of the full amount of Funds required to be delivered under each Transaction in accordance with the terms of such Transaction; • you have obtained, and will comply with the terms and conditions of, all licenses, consents, registrations, authorizations, recognitions, exemptions and memberships necessary for your activities on and use of the Platform, including entering into Transactions with FORA TRADE via the Platform; • you possess sophistication, expertise and knowledge necessary to make informed decisions in respect of Transactions and you will inform Thawte if not rely on any communication or statement (written or verbal) by FORA TRADE as on investment advice or as on recommendation to enter into any Transaction; • you will exercise your own prudence, judgement and discretion in determining whether to enter into a Transaction or otherwise transact on the representations Platform; • you made to Thawte in your Certificate Application changed (or the Person accessing the Platform) are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does acting as principal and not infringe the Intellectual Property Rights on behalf of any third party; (iv) , unless you are the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation Representative of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party AgreementUser.

Appears in 1 contract

Sources: User Agreement

Your Representations and Warranties. You As of the date hereof, and as of the date of each Transaction, you represent and warrant to Thawte NBN BROKER and Relying Parties agree for the benefit of NBN BROKER, its Affiliates and their respective Representatives that: • you have read all the documents provided to you in connection with Services and Platform and you understand and agree that your relationship with NBN BROKER will be governed by these documents as amended from time to time; you must not apply to register on the Platform in order to create Personal Cabinet or commence trading with us if you are unsure as to how our Services or Platform operate or the nature of the risks involved; • execution (iby electronic acceptance or other means via the Platform or email) of this Agreement and all Transactions contemplated hereunder and performance of all obligations contemplated under this Agreement have been duly authorized by all necessary action by you; and each Person executing this Agreement (or authorized to accept its terms electronically or otherwise) and entering into each Transaction hereunder on your behalf has been duly authorized to do so; • all information material provided by you to NBN BROKER at any time, including but not limited to the issuance of a Certificate you provide to Thawte information provided in your Certificate Application Personal Cabinet, is accuratein all material respects true, accurate and not misleading; • this Agreement and each Transaction constitutes a legal, valid and binding obligation on you, enforceable against you in accordance with its terms; • execution by you of this Agreement and entering into each Transaction contemplated hereunder, and performance of all of your obligations under this Agreement and your use of the Platform including entering into each Transaction contemplated hereunder, will not violate any applicable Law; • you are able to make or take delivery (iias applicable) of the full amount of Funds required to be delivered under each Transaction in accordance with the terms of such Transaction; • you have obtained, and will comply with the terms and conditions of, all licenses, consents, registrations, authorizations, recognitions, exemptions and memberships necessary for your activities on and use of the Platform, including entering into Transactions with NBN BROKER via the Platform; • you possess sophistication, expertise and knowledge necessary to make informed decisions in respect of Transactions and you will inform Thawte if not rely on any communication or statement (written or verbal) by NBN BROKER as on investment advice or as on recommendation to enter into any Transaction; • you will exercise your own prudence, judgement and discretion in determining whether to enter into a Transaction or otherwise transact on the representations Platform; • you made to Thawte in your Certificate Application changed (or the Person accessing the Platform) are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does acting as principal and not infringe the Intellectual Property Rights on behalf of any third party; (iv) , unless you are the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation Representative of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party AgreementUser.

Appears in 1 contract

Sources: User Agreement

Your Representations and Warranties. You represent 10.1. Before your use of the Service, and warrant to Thawte on an ongoing basis, you represent, warrant, covenant and Relying Parties that (i) all information material to agree that: ● cryptocurrency values can fluctuate greatly in value depending on market conditions; the issuance user is aware of a Certificate you provide to Thawte in your Certificate Application is accurate; (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights volatile nature of any third party; (iv) the Certificate information you provided (including your email address) has not been cryptocurrencies, and will not be used holds nodeops harmless for any unlawful purposeloss or damages arising from such volatility; (v) ● there is a risk of losing cryptocurrency and other funds of value when using the Service and Platform, NodeOps has no responsibility to you have been (since for any such loss; ● your use of the time of its creation) Platform and will remain the only person possessing Service is at your private keysole option, or any challenge phrase, PIN, software, or hardware mechanism protecting the private keydiscretion, and no unauthorized person has had or will have access to such materials or informationrisk; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether any applicable taxes which may be payable on any transactions/ activity by you through your using the Service; ● the telecommunication networks, blockchain networks, and internet access services required for you to access and use the Service are entirely beyond the control of NodeOps, and NodeOps shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; ● you are (i) aged 18 or over, (ii) you are of the age of majority in your jurisdiction, (iii) you are accessing the Service from a jurisdiction in which it is legal to do so, (iv) you are not a Politically Exposed Person (“PEP”) nor are you on any applicable sanctions lists or terrorism finance watchlists, including but not limited to rely on such informationthose of the U.S. and the E.U., and (v) that you will inform NodeOps immediately if you are placed onto one of these lists or change your residence to a prohibited jurisdiction; ● in using the NodeOps Platform, you acknowledge that you are NOT dealing with, and that you shall bear the NodeOps is NOT operating as and has NO legal consequences of your failure to perform any obligation you might have as duties related to, a Relying Party crypto-asset service provider, virtual asset service provider, asset manager, brokerage, custodian, exchange, virtual asset trading platform, investment or financial advisor, loan or credit service provider, money or payment service operator, securities dealer or issuer, or equivalent under the applicable Relying Party regulations (you should not use the NodeOps Platform as such, if you require such services or such a service provider); ● should you discover a bug or error that may lead to an exploit of the Service, the Platform or other loss of funds from NodeOps, you have the responsibility to notify NodeOps at ▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ as soon as practicable; any attempt by you to use such a discovered exploit or bug for illicit financial gain is illegal and strictly prohibited under this Agreement; such exploits or bugs should be disclosed in a responsible manner and in strict confidence to ▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ and no other entity. ● NodeOps reserves the right to prosecute to the fullest extent of the law anyone who exploits or attempts to exploit the Service in an unlawful manner.

Appears in 1 contract

Sources: Terms and Conditions

Your Representations and Warranties. You represent and warrant to Thawte the Company that: (a) The execution, delivery and Relying Parties performance by you of this Agreement does not conflict with or result in a violation or breach of, or constitute (with or without notice or lapse of time or both) a default under any contract, agreement or understanding, whether oral or written, to which you are a party or of which you or should be aware and that there are no restrictions, covenants, agreements or limitations on his right or ability to enter into and perform the terms of this Agreement, and agrees to indemnify and save the Company and its affiliates harmless from any liability, cost or expense, including attorney’s fees, based upon or arising out of any such restrictions, covenants, agreements, or limitations that may be found to exist; (b) You are under no physical or mental disability that would hinder your performance of duties under this Agreement; (c) Except as set forth in Appendix C attached hereto, you are not party to any ongoing civil or criminal proceedings, and have not been party such proceedings within the past ten years, and do not know of any such proceeding that may be threatened or pending against you; and (d) You are not currently engaged in activities and will not knowingly engage in future activities that may cause embarrassment to the Company or tarnish the reputation or public image of the Company, including but not necessarily limited to association with or party to: any criminal behavior(s) such as drug use, theft, or any other potential or active violation of law; political controversy, civil disobedience, or public protest; lewd, lascivious behavior. (e) During your employment with the Company, you will promptly, fully and frankly disclose to the Company in writing: (i) all information material to the issuance nature and extent of a Certificate any interest you provide to Thawte or your Affiliates (as hereinafter defined) have or may have, directly or indirectly, in your Certificate Application is accurate; any contract or transaction or proposed contract or transaction of or with the Company or any subsidiary or affiliate of the Company; (ii) every office you will inform Thawte if may hold or acquire, and every property you or your Affiliates may possess or acquire, whereby directly or indirectly a duty or interest might be created in conflict with the representations you made to Thawte in interests of the Company or your Certificate Application changed or are no longer valid; duties and obligations under this Agreement; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights nature and extent of any third partyconflict referred to in subsection (b) above; and (iv) You acknowledge that it is the Certificate information you provided (including your email address) has not been policy of the Company that all interests and will not conflicts of the sort described herein be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private keyavoided, and no unauthorized you agree to comply with all policies and directives of the Board from time to time regulating, restricting or prohibiting circumstances giving rise to interests or conflicts of the sort described herein. During your employment with the Company, without Board approval, in its sole discretion, you shall not enter into any agreement, arrangement or understanding with any other person has had or will have access to such materials entity that would in any way conflict or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent interfere with this Agreement; (vii) Agreement or your duties or obligations under this Agreement or that would otherwise prevent you will use from performing your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signatureobligations hereunder, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you or your Affiliates have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKInot entered into any such agreement, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.arrangement or

Appears in 1 contract

Sources: Employment Agreement (Phytomedical Technologies Inc)

Your Representations and Warranties. (a) You represent and warrant to Thawte and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Thawte in your Certificate Application is accurate; (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time of the digital signature purchase of WWSL Preferred Stock that you are an accredited investor (as that term is created; (ix) defined in the Securities Act), or if you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) are not an accredited investor, you will not monitorinvest more than the greater of 10% of your annual income or net worth (for natural persons) or revenue or net assets for your most recently completed fiscal year end (if a non-natural person), interfere with, or reverse engineer (save ii) that you satisfy any additional minimum financial suitability standards applicable to the extent state in which you reside, and (iii) that you can covenant that you will abide by the maximum investment limits, as set forth below or as may be set forth on the WWSL Site. You agree to provide any additional documentation reasonably requested by us, as may be required by the securities administrators or regulators of the federal government or of any state, to confirm that you meet such minimum financial suitability standards and have satisfied any maximum investment limits. You understand that the WWSL Preferred Stock will not be prohibited from so doing under applicable law) listed on any securities exchange, that there will be no trading platform for the technical implementation of the Thawte PKI, except with the prior written approval from ThawteWWSL Preferred Stock, and shall not otherwise intentionally compromise that WWSL Preferred Stock purchasers should be prepared to hold the security WWSL Preferred Stock for an extended period of the Thawte PKI. time. (b) You further represent and warrant to WWSL, as of the date of this Agreement and as of any date that you commit to purchase WWSL Preferred Stock that: (i) you have sufficient information the power to make an informed decision as to enter into and perform your obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by you and (iii) in connection with this Agreement, you have complied in all material respects with application federal, state and local laws. (c) You should check the extent to which Office of Foreign Assets Control (“OFAC”) website at <h▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇> before making the following representations. You represent that the amounts invested by you choose to rely on a digital certificate issued within in the Thawte PKIWWSL Preferred Stock were not and are not directly or indirectly derived from activities that contravene federal, that you are solely responsible for deciding whether state or not to rely on such informationinternational laws and regulations, including anti-money laundering laws and regulations. Federal regulations and Executive Orders administered by OFAC prohibit, among other things, the engagement in transactions with, and that you shall bear the legal consequences provision of your failure to perform any obligation you might have as a Relying Party under services to, certain foreign countries, territories, entities and individuals. The lists of OFAC prohibited countries, territories, persons and entities can be found on the applicable Relying Party AgreementOFAC website at <h▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇>. In addition, the programs administered by OFAC (the “OFAC Programs”) prohibit dealing with individuals or entities in certain countries regardless of whether such individuals or entities appear on the OFAC lists.1

Appears in 1 contract

Sources: Investor Agreement (Worthy Wealth Senior Living Inc.)

Your Representations and Warranties. You represent represent, warrant and warrant to Thawte and Relying Parties that covenant that: (i) all information material the organization or entity you may be acting on behalf of is duly organized, validly existing, and in good standing under its jurisdiction of organization and has the right to the issuance enter into these Staking Terms of a Certificate you provide to Thawte in your Certificate Application is accurate; Use, (ii) you will inform Thawte if the representations you made to Thawte in your Certificate Application changed or have all requisite power and authority to, and no other proceedings on its part are no longer valid; necessary to, execute and deliver these Staking Terms of Use, (iii) your performance of your duties and obligations under these Staking Terms of Use and in connection with your use of the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third partyServices and Website shall comply with all applicable laws, rules, and regulations; (iv) you and the Certificate information organization or entity you provided (including your email address) has may be acting on behalf of are not been and will not be used for any unlawful purposelocated in a prohibited jurisdiction; (v) you have been the full legal authority and right (since the time a) to be bound to these Staking Terms of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private keyUse, and no unauthorized person has had (b) to bind the organization or will have access entity you may be acting on behalf of to such materials or informationthese Staking Terms of Use; (vi) you will use your Certificate exclusively for authorized have the right, title, and interest in and to the Digital Assets and you are the legal purposes consistent with this Agreementand beneficial owner of the Digital Assets; (vii) you will use have all the rights and requisite authority to submit or otherwise provide your Certificate as an end user Digital Assets, data or any other materials you provide under and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwisein connection with these Staking Terms of Use; (viii) each digital signature created using your private key any assets, including Digital Assets subject to the Services is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired encumbered or revoked) at the time the digital signature is createdrestricted in any manner that would prohibit compliance with these Staking Terms of Use; (ix) you manifest assent have the right to this Agreement as a condition of obtaining a Certificateaccess and use the Digital Wallet(s) used in connection with the Services; and (x) you will understand that the continued ability to provide the Services is dependent on many elements and you understand the risk involved with use of the Services, Website and Supported Blockchains; (xi) you and the organization or entity you may be acting on behalf of are in compliance with all applicable laws and regulations; (xii) you and the organization or entity you may be acting on behalf of are not monitorlisted by the U.S. Government, interfere withany other government or legal authority as a prohibited or restricted party; (xiii) you and the organization or entity you may be acting on behalf of have not been convicted of, or reverse engineer (save agreed to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the Thawte PKI, except enter into a pretrial diversion or similar program in connection with the prior written approval from Thawteprosecution of, and shall not otherwise intentionally compromise a criminal offense involving theft, dishonesty, breach of trust, money laundering, the security illegal manufacture, sale, distribution of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on or trafficking in controlled substances, or substantially equivalent activity in a digital certificate issued within the Thawte PKIdomestic, that you are solely responsible for deciding whether military, or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement.foreign court;

Appears in 1 contract

Sources: Staking Terms of Use

Your Representations and Warranties. You As of the date hereof, and as of the date of each Transaction, you represent and warrant to Thawte MAXITBTC and Relying Parties agree for the benefit of MAXITBTC, its Affiliates and their respective Representatives that:  you have read all the documents provided to you in connection with Services and Platform and you understand and agree that your relationship with MAXITBTC will be governed by these documents as amended from time to time; you must not apply to register on the Platform in order to create Personal Cabinet or commence trading with us if you are unsure as to how our Services or Platform operate or the nature of the risks involved;  execution (iby electronic acceptance or other means via the Platform or email) of this Agreement and all Transactions contemplated hereunder and performance of all obligations contemplated under this Agreement have been duly authorized by all necessary action by you; and each Person executing this Agreement (or authorized to accept its terms electronically or otherwise) and entering into each Transaction hereunder on your behalf has been duly authorized to do so;  all information material provided by you to MAXITBTC at any time, including but not limited to the issuance of a Certificate you provide to Thawte information provided in your Certificate Application Personal Cabinet, is accuratein all material respects true, accurate and not misleading;  this Agreement and each Transaction constitutes a legal, valid and binding obligation on you, enforceable against you in accordance with its terms;  execution by you of this Agreement and entering into each Transaction contemplated hereunder, and performance of all of your obligations under this Agreement and your use of the Platform including entering into each Transaction contemplated hereunder, will not violate any applicable Law;  you are able to make or take delivery (iias applicable) of the full amount of Funds required to be delivered under each Transaction in accordance with the terms of such Transaction;  you have obtained, and will comply with the terms and conditions of, all licenses, consents, registrations, authorizations, recognitions, exemptions and memberships necessary for your activities on and use of the Platform, including entering into Transactions with MAXITBTC via the Platform;  you possess sophistication, expertise and knowledge necessary to make informed decisions in respect of Transactions and you will inform Thawte if not rely on any communication or statement (written or verbal) by MAXITBTC as on investment advice or as on recommendation to enter into any Transaction;  you will exercise your own prudence, judgement and discretion in determining whether to enter into a Transaction or otherwise transact on the representations Platform;  you made to Thawte in your Certificate Application changed (or the Person accessing the Platform) are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does acting as principal and not infringe the Intellectual Property Rights on behalf of any third party; (iv) , unless you are the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you have been (since the time of its creation) and will remain the only person possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber’s digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation Representative of the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte PKI. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the Thawte PKI, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party AgreementUser.

Appears in 1 contract

Sources: User Agreement