Mobile Pay People Service Addendum
This Mobile Pay People Service Addendum (this "Addendum") applies to the Pay People Service, or person-to-person payment service, this "Service", which is part of the Mobile Banking Service offered through BBVA Compass Mobile Banking. You may use this Service to send and receive payments from any Mobile Account for which this Service is available through the system described below.
- "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- "Affiliates"refer to companies related by common ownership or control.
- "Payment Instruction"is the information provided for a payment to be made under the Service, which may be further defined and described below in connection with a specific Service (such as, but not limited to, name, telephone number, and email address).
- "Payment Network"means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
- "Pay People," "Pay People Service," "Popmoney," or "Service" means the person-to-person payment service offered by BBVA Compass, which may be provided either directly by the Bank or indirectly through the Bank’s Service Provider.
- "Receiver"is a person or business entity that is sent a Payment Instruction through this Service.
- "Sender"is a person or business entity that sends a Payment Instruction through this Service.
- "Service Provider"means companies that we have engaged (and their Affiliates) to render some or all of this Service to you on our behalf.
- "Transaction Account: is the transaction account that is eligible for the Service from which a Sender’s payments will be debited, Service fees, if any will be automatically debited, or to which payments and credits owed to a Sender or Receiver will be credited. For any payment you send using this Service, the Transaction Account must be a BBVA Compass Mobile Account.
- "SMS" refers to the "short message service" or text messages that may be transmitted over mobile phones.
Terms and Conditions:
- Eligibility For This Service. The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors, unless the minor is using a Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Addendum.
- Service Providers. We may offer this Service through one or more "Service Providers" that we have engaged to render some or all of the Service on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for completion of any payments or transfers conducted using the Service and we are solely responsible to you to the extent any liability attaches in connection with any failure to transmit money through the Service. You agree that we have the right under this Addendum to delegate to Service Providers all of the rights and performance obligations that we have under this Addendum, and that the Service Providers will be third party beneficiaries of this Addendum and will be entitled to all the rights and protections that this Addendum provides to us.
- Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls, text messages, and emails from us, our Service Providers, and the Popmoney Service at that number and/or e-mail address for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone "calls" include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. Message and Data Rates May Apply. If you have questions about the Service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666. By agreeing to receive text messages through the Service, you are also consenting to receive a final confirmation text message if and when you choose to opt out of receiving text messages through the Service.
- Viewing Receipts and Transaction History. You may view your recent transactions through this Service within the Mobile Application or by logging into Online Banking and looking at the history for your Transaction Account. You agree to receive receipts of these transactions by this method instead of receiving receipts by mail, and also to review your transactions to identify any unauthorized or unclaimed payments.
- Initiation of Payment Instructions. With this Service, you may initiate a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately. Payment Instructions initiated to Receivers are processed in two ways. You can provide all of the information about the Receiver (including his/her Transaction Account) necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver, at the Popmoney Website for this Service, and then (ii) provide eligible Transaction Account information in order to complete the Payment Instruction (a "Two-Step Transfer"). If the Receiver maintains a Transaction Account with a financial institution that participates in or offers the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the Payment Instruction and receive the payment.
You understand and agree that when you initiate a Payment Instruction from a Transaction Account using this Service, the processing of the Payment Instruction will begin and the debiting of your Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instructions to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Transaction Account will occur as early as the specified date(s). However, the payment funds will be transferred into the Receiver’s eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Transaction Account (even if already debited or withdrawn from your Transaction Account), or receipt of a gift card, if applicable, may be delayed if the Receiver has not provided the Service with certain required information such as his or her Transaction Account information, or, in the case of a gift card, if applicable, a valid U.S. street address for gift cards that are physically delivered. The Mobile Application and Popmoney Website may contain additional information regarding the delivery of a payment to a Transaction Account or the delivery of a gift card, if applicable.
You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) Business Days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Addendum. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the "Payment Cancellation, Stop Payment Requests and Refused Payments" provisions below in this Addendum.
Prohibited Payments. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
- Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- Payments that violate any law, statute, ordinance or regulation; and
- Payments that violate the terms in the "Acceptable Use" provision below in this Addendum; and
- Payments related to: (i) tobacco products, (ii) prescription drugs and devices; (iii) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (iv) drug paraphernalia; (v) ammunition, firearms, or firearm parts or related accessories; (vi) weapons or knives regulated under applicable law; (vii) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (viii) goods or services that are sexually oriented; (ix) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (x) goods or services that defame, abuse, harass or threaten others; (xi) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (xii) goods or services that advertise or sell to, or solicit others; (xiii) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
- Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Payments relating to transactions that (i) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs; (ii) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; (iii) are for the sale of items before the seller has control or possession of the item; (iv) constitute money-laundering or terrorist financing; (v) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing; or (vi) provide credit repair or debt settlement services; and
- Tax payments and court ordered payments.
- Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Addendum or have otherwise breached your obligations under this Addendum, we may terminate, suspend or limit your access to or use of the Mobile Application or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Addendum, access to the Mobile Application and/or use of the Service for any reason or no reason and at any time. The remedies contained in this section are cumulative and are in addition to the other rights and remedies available to us under this Addendum, by law or otherwise.
Payment Authorization and Payment Remittance.
- By providing us with names, telephone numbers, email addresses and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service. Once registered for this Service, you authorize us to credit your Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. You acknowledge and agree that when you submit a Payment Instruction using a Receiver’s mobile phone number you will cause a text message to be delivered to that mobile number. By using this Service, you represent and warrant that you have all necessary authority and permission to send text messages to the Recipient’s mobile phone number provided in your Payment Instruction. You will indemnify, defend, and hold harmless and release BBVA Compass and its Affiliates, Service Providers, and their employees from and against any claims, actions and other proceedings arising out of or relating to a Recipient’s receipt of a text message pursuant to your Payment Instruction.
- When we receive a Payment Instruction from you, you authorize us to debit your Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed in the Mobile Application) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You acknowledge and agree that, for any payment you make through this Service, the payment notice provided to the Receiver may show that the payment was sent through BBVA Compass. You also authorize us to credit your Transaction Account for the receipt of payments, including, but not limited, to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
- You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
- Receivers of payments who are not already registered for the Service will be invited to register. Once you register as a Receiver, you authorize us to credit your Transaction Account for payments remitted to you on behalf of a Sender without further approval from you. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you. If you do not register, then funds will not be transferred to you from any Sender, and the payment transaction will be cancelled.
- We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
- The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction ;
- The payment is refused as described in the "Payment Cancellation, Stop Payment Requests and Refused Payments" provision below in this Addendum;
- You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Transaction Account information, or the correct name and email address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.
- It is the responsibility of the Sender and Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Transaction Account, Payment Instructions or contact information. We do not guarantee the identity of any user of the Service, including but not limited to any Receiver to whom you send a payment. Neither a Sender nor Receiver may use a P.O. Box as a postal address in connection with this Service. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
- You agree to submit Payment Instructions for a payment only when there are or will be sufficient funds in the Transaction Account on the scheduled payment date to cover both that payment and any other items or charges to be paid from the Transaction Account. We shall incur no liability if we are unable to complete any payments initiated by you if, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of any overdraft account that may be available to you.
- Receiving Payments. If another person wants to initiate a Payment Instruction using the Service to a Transaction Account you hold, he or she can do that from the Mobile Application or from a Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website. Or, as applicable, if another person wants to send you a gift card using the Service, he or she can do that from a Transaction Account at a financial institution that participates in the Service and makes available the purchase of gift cards through the Service.
You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Transaction Account. You authorize the Sender, the financial institution which holds the Sender's Transaction Account and us (including through the Mobile Application) to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive gift cards or Popmoney Requests, each as applicable, from others through the Service.
You acknowledge and agree that in the event that funds are transferred into your Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Transaction Account an amount equal to the amount of funds improperly transferred to you.
- Payment Methods and Amounts. There are limits on the amount of money (or, as applicable in some cases, gift card value) you can send or receive through the Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Mobile Application to view your individual transaction limits. We also reserve the right to select the method by which to remit funds on your behalf through the Service, and in the event that your Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic or paper check or draft payment.
- Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive through this Service, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction made through this Service.
- Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Transaction Account has begun. The option to cancel or stop a payment will appear in the user interface for, or elsewhere within, the Service or Mobile Application. If a payment is stopped after the processing of the Payment Instruction out of the Sender’s Transaction Account has occurred, but prior to the time the processing of the Payment Instruction into the Receiver’s Transaction account has begun, a Stop Payment fee will be charged to the Sender’s Transaction Account. The amount of the fee will be disclosed in this Addendum or in the user interface for, or elsewhere within, the Service or Mobile Application. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Transaction Account has begun processing. If you wish to stop a payment once it has begun processing, you may also call us at 800-266-7277 as soon as possible. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting us. The charge for each stop payment or fund recovery request made by phone will be the current charge for such stop payment or funds recovery service as set out in the deposit account agreement for your Transaction Account. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a Payment Instruction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
- Returned Payments. In using the Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Service.
- Refused Payments. We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Addendum.
- Failed Or Returned Payment Instructions. In using the Service, you are requesting us to attempt to make payments for you from your Transaction Account. If we are unable to complete the Payment Instruction for any reason associated with your Transaction Account (for example, because there are insufficient funds in your Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit in your Transaction Account, to cover the payment), the Payment Instruction may not be completed. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
- You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Transaction Account to allow us to complete the debit processing;
- For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed by us or our Service Provider;
- You may also be assessed a fee by our Service Provider and by us if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Transaction Account to allow us to complete the debit processing to cover the payment, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us (including as disclosed in Mobile Application) or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account, including by ACH debit;
- You will reimburse us and our Service Provider for any fees or costs we incur in attempting to collect any amounts from you; and,
- We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
- Mobile Phone Users. Your phone service provider is not the provider of the Service. Users of the Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666.
- Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in this Addendum or in the user interface for, or elsewhere within, the Service or Mobile Application. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or other Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. The “Failed Or Returned Payment Instructions” provisions above apply if you do not pay our fees and charges for the Service, including without limitation if we debit the Transaction Account for such fees, as described in this Addendum, and there are insufficient fees in the Transaction Account.
- Security Codes. If you are issued or required to create any password or other security code(s) to access the Service or the portion of the Mobile Application through which the Service is offered, you agree to give or make available your Security Codes only to individuals who are authorized signers on your Transaction Account, and you agree to be responsible for all actions taken by anyone to whom you have provided the security code(s). If you believe that any security code(s) for accessing this Service have been lost or stolen or that someone may attempt to use them to access the Mobile Application or Service without your authorization, you must inform us at once at 1-800-273-1057. Your liability for any unauthorized transactions using the security code(s) will be governed by the terms of the deposit account agreement for your Transaction Account.
- Intellectual Property. "Popmoney" is a trademark of CashEdge, Inc. or its affiliates. All other marks and logos related to this Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Mobile Application through which the Service is offered, the technology related to the Mobile Application and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Mobile Application or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
- Links and Frames. Links to other sites may be provided on the portion of the Mobile Application through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Mobile Application. For example, if you "click" on a banner advertisement or a search result, your "click" may take you out of the Mobile Application. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
- Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Addendum and/or your use of the Mobile Application or the Service.
- Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Mobile Application or the Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
- No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
- Exclusions of Warranties. THE MOBILE APPLICATION AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR MOBILE APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTIONS, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE MOBILE APPLICATION THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTION 2 OF YOUR DEPOSIT ACCOUNT AGREEMENT WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS ADDENDUM SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Privacy of Others. If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
A Spanish version of this document is available as a courtesy to our clients who use Spanish as their primary language. Although Compass Bank has taken every precaution possible to translate the original document correctly, the Spanish translation is only a courtesy to our clients. Please take note that all official documents from Compass Bank will be in English only. Please visit: http://www.bbvacompass.com/mobile-banking/terms/es/popmoney.html to view the Spanish version.
BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC.