This document is provided for reference only.VISA TRANSACTION ALERT SERVICE TERMS AND CONDITIONS
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE AGREEING TO PARTICIPATE IN THE VISA TRANSACTION ALERT SERVICE (THE "SERVICE"). YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("Agreement") AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.
A. The Service. The Service is offered by Your Financial Institution (referred to herein as "the FI", "us", "we" or "our"). The Service will send to the mobile telephone number(s) and/or email address(es) you provide at time of registration alerts in response to select transactions made with the eligible Visa card(s) issued by the FI, which selections you make when you register for the Service ("Transaction Alerts"). For the purpose of this Agreement, "Equipment" shall mean any hardware, software or networks associated with bringing you the Service, including, but not limited to, your mobile handset. Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to this Agreement.
B. Eligibility. The Service is only available to individuals who are: (i) of legal age of majority in their jurisdiction of residence (and at least 18 years of age); and (ii) own a Visa card issued by the FI that is in good standing and eligible for the Service ("Card"). Note: Eligibility of a Card will be determined by us in our sole and absolute discretion. Our decisions with respect to your eligibility are final and binding. We reserve the right to terminate your participation in the Service at any time.
C. No Amendment of Existing Terms and Conditions For Cards. THE TRANSACTION ALERTS THAT ARE PROVIDED TO YOU THROUGH THIS SERVICE DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR CARDMEMBER AGREEMENT.
D. Fees. The FI does not charge for use of the Service available as of the date you agree to these terms and conditions. However, in order to be sent the Transaction Alerts to your mobile telephone number(s), you must (i) own an two-way text message (or "SMS") capable mobile handset that is registered on a carrier network, (ii) have elected a data plan that includes use of your mobile handset’s SMS capabilities and (iii) ensure that your account remains in good standing with your carrier. For, you hereby acknowledge and agree that standard text messaging rates apply for each text message sent from and received by your mobile handset as determined by your carrier and you are solely responsible for such charges and any other charges from your carrier. You should contact your carrier for complete pricing details.
E. Transaction Alerts. If you registered to receive Transaction Alerts to your mobile telephone number(s), actual time between a transaction made with your Card that triggers a Transaction Alert and the time the Transaction Alert is sent to your mobile telephone number is dependent on your wireless service and coverage within the area in which you are located at that time. Transaction Alerts may not be available to be sent to your mobile telephone number(s) in all areas. Further, if you registered to receive Transaction Alerts to your email address(es), please be sure that visammg.com is a permitted domain in order to avoid the Transaction Alerts being filtered as spam. This can be done by adding firstname.lastname@example.org to the address book of your email account(s).
F. Termination of Participation. To opt-out of the Service at any time, visit the FI’s website and follow the directions provided to discontinue receiving Transaction Alerts. You will have the option of opting out of the Service in its entirety or changing your Transaction Alerts settings, including, but not limited to, the media through which you are sent Transaction Alerts. You may also opt-out of having Transaction Alerts sent to your registered mobile telephone number by texting "STOP" as a reply to any SMS received as part of the Service. Note that replying "STOP" to an alert will opt-out the mobile number for every account in which the mobile number is enrolled for The Service.
G. Availability/Interruption. The Service is available using the necessary Equipment, and, if you registered to receive Transaction Alerts to your mobile telephone number(s), then the Service is available when you have your mobile handset within the operating range of a carrier with an appropriate signal for data services. The Service is subject to transmission limitations and service interruptions. The FI does not guarantee that the Service (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that we are not responsible for performance degradation, interruption or delays due to conditions due to the Equipment. You acknowledge that the Released Parties (as defined below) shall not be liable to you if you are unable to be sent Transaction Alerts to your mobile telephone number(s) in your intended area. Released Parties disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by electronic transmission or other delivery method; any form of active or passive filtering, or insufficient space in your email account(s) to receive email messages.
H. Modifications to Service. We reserve the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Released Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
I. Abuse. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment.
J. Changes to this Agreement. We may change or modify this Agreement, including Service features, from time to time by informing you of such change using the email address(es) enrolled in the Service at time of the change. If you use the Service after the upgrade in the Service or to this Agreement, you agree to such change and its applicability to you.
1. No Warranties – Equipment, Computer, and Software. RELEASED PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR EQUIPMENT. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE AND ANY EQUIPMENT ARE AT YOUR SOLE RISK. THE SERVICE AND ANY EQUIPMENT USED TO MAKE AVAILABLE SUCH SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS.
2. Limitation of Liability. IN NO EVENT SHALL THE FI, VISA U.S.A., INC., VISA INTERNATIONAL SERVICE ASSOCIATION, VISA INC., THEIR RESPECTIVE MEMBER FINANCIAL INSTITUTIONS, OR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES OR THEIR SERVICE PROVIDERS (COLLECTIVELY,"RELEASED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
IN ADDITION, NOTWITHSTANDING ANYTHING CONTRARY HEREIN, ALTHOUGH THE FI WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT, AND RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED.
3. Indemnity. You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.
4. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Dispute Resolution. Any claim shall be handled in accordance with the dispute resolution provisions of the agreement governing your VISA Card account.
L. Miscellaneous. Assignment: You may not assign this Agreement without our prior written consent. Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF CALIFORNIA, U.S.A. Additional Provisions: The Service is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
M. Contact Us. If you have any questions about the Service or any Card transaction, please visit the FI’s website or call the number on the back of your Card.