YOUR ATTENTION IS DRAWN TO THE ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS IN THE BBVA COMPASS TREASURY MANAGEMENT SERVICES AGREEMENT AND/OR DEPOSIT ACCOUNT AGREEMENT ("Account Agreement") BETWEEN BBVA COMPASS AND THE COMPANY, COPIES OF WHICH ARE AVAILABLE FROM BBVA COMPASS OR THE COMPANY. YOUR USE OF THE NET CASH MOBILE SERVICE CONSTITUTES YOUR AGREEMENT TO BE SUBJECT TO ANY DISPUTE RESOLUTION PROVISIONS IN THE ACCOUNT AGREEMENT GOVERNING TREASURY MANAGEMENT SERVICES AND THE NET CASH MOBILE ACCOUNTS. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL.
In order to access the net cash Mobile Service, you must have (i) a handheld device or streaming device that can send and receive information using the technology that supports this net cash Mobile Service (an “Eligible Mobile Device”), which BBVA Compass may update from time to time, (ii) proper authority from the corporate administrator to access net cash Mobile Services, (iii) all information required to login, which will be described in the Compass net cash User Guide (“User Guide”). The technical standards required to access and use the Service (the “Mobile Technical Standards”) vary among the types of Eligible Mobile Devices and telecommunications carriers that support the Service and may be updated from time to time in the Bank’s discretion. You agree that BBVA Compass may, from time to time, require you to upgrade to the latest version of the Mobile Application in order to continue to access the Service.
We do not currently charge you any additional fee to register for or access the net cash Mobile Service or to download any net cash Mobile Application. However, you may incur charges to receive internet, cellular or other data service on your Eligible Mobile Device. You may also incur charges from your telecommunications carrier when sending and receiving information in connection with your use of the net cash Mobile Service.
You are responsible for maintaining the security of your Mobile Device and any passwords, usernames, questions with a matching answer, and/or other types of security techniques (“Security Codes”) you have created for the purpose of accessing the net cash Mobile Service. For certain Services, the Bank may require you to select or create additional Security Codes and/or use other security techniques that the Bank makes available to you. You are responsible for all transactions you or any other person initiates or authorizes using the net cash Mobile Service. If you allow any person to register a fingerprint in your Mobile Device or otherwise obtain or use your Mobile Device or Security Codes, you will have authorized that person to access your net cash Mobile Accounts, and you agree that you are responsible for any transactions that person initiates or authorizes from your net cash Mobile Accounts and will be bound by any agreements that person accepts or acknowledges electronically though the net cash Mobile Service. Notify us at once if the phone number for your Eligible Mobile Device is changed or service to your Mobile Device is terminated, or if you believe that your Mobile Device has been lost or destroyed, or if you believe that your Security Codes has been compromised, or that your Mobile Device or any of your net cash Mobile Accounts have been accessed or used without your authorization, or if any periodic statement shows a transaction on a net cash Mobile Account that you did not make, including any unauthorized transaction made via the net cash Mobile Service. Call us at: 1-800-607-4444, send an e-mail to EastBRSClientServices@bbvacompass.com or write to us at:
BRS East Region, Mail Code: AL-BI-SC-TMO
Birmingham Service Center
701 South 32nd Street
Birmingham, AL 35233-3515
Although you are able to share reports, statement(s), images and other information (“Content”) from your Mobile Device, you understand that these messages and communications may pass through private and public networks with varying levels of security. Some networks may have taken steps to secure these transmissions while others have not which could affect the privacy and integrity of the Content you send. You agree that BBVA Compass is not responsible for the security or privacy of the Content shared by you through your Mobile Device. You further agree that BBVA Compass is not liable for any damages that incur as a result of any Content that is shared by you through your Eligible Mobile Device.
You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to install and use the net cash Mobile Application only on an Eligible Mobile Device that you own or control, solely for your individual use and as expressly permitted herein. It is solely your responsibility to download and install any Mobile Application that is identified on the BBVA Compass website as required in order to access the net cash Mobile Service through your Eligible Mobile Device. BBVA Compass has no responsibility to notify you of any changes to or new releases for any required net cash Mobile Application.
You acknowledge that from time to time, the net cash Mobile Service may be delayed, interrupted or unavailable for an indeterminate period of time. BBVA Compass and its affiliates shall not be liable for any claim arising from or related to the net cash Mobile Service arising from any such delay, interruption or unavailability.
In no event will BBVA Compass or its affiliates be liable for indirect, consequential or special damages, including lost profits, arising from or related to the net cash Mobile Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. BBVA Compass disclaims all warranties with respect to any net cash Mobile Application, whether express, implied or statutory, including without limitation implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, and non-infringement of third party rights. You release BBVA Compass, its service providers, and its affiliates from all claims and damages that may arise from or relate to your use of any net cash Mobile Applications. You agree not to reverse engineer, decompile, disassemble or attempt to learn the source code of any net cash Mobile Application, and you may not redistribute any net cash Mobile Application. All rights not expressly granted to you herein are reserved by us. If you use and/or access the net cash Mobile Application on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, BBVA Compass shall not be responsible for the security of your data, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
By identifying a Mobile Device for use with the net cash Mobile Service, BBVA Compass does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance, and costs associated with such device with your telecommunications carrier or internet service provider.
BBVA Compass and its service providers have no obligation to correct any bugs, defects or errors in the net cash Mobile Service or net cash Mobile Applications, or to otherwise support, maintain, improve, modify, upgrade or enhance the net cash Mobile Service or net cash Mobile Applications. Subject to applicable law or regulations, BBVA Compass may terminate your use of the net cash Mobile Service and expand, reduce or suspend the type and/or dollar amounts of transactions allowed using the service, change the enrollment process, and/or change the transaction limits associated with the net cash Mobile Service at any time in its sole discretion without prior notice.
You agree that you will not use the net cash Mobile Service or any services related thereto while driving. You assume all risk associated with the use of the net cash Mobile Service, including the use of any net cash Mobile Application. You agree that you will not use the net cash Mobile Service or any services related thereto for any purposes prohibited by United States law; and shall not use or otherwise export or re-export the net cash Mobile Application(s), except as authorized by United States law and the laws of the jurisdiction in which the net cash Mobile Application(s) was obtained. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may use the net cash Mobile Service to request and receive from the Bank any of the alerts made available through this Service by making alert selections within the Mobile Application. The Bank may add new alerts or discontinue existing alerts at any time. According to your alert selections, we will send in-app notifications and/or push notifications. We may also deliver security codes to you via automated voice call or text message to the phone number you register with us. Message and data rates may apply from your telecommunications provider, and you are responsible for any such charges.
It is solely your responsibility to ensure that the email address and mobile number you provide to the Bank are current and accurate. If information from your wireless carrier indicates to us that the mobile number you have provided has been changed or is no longer registered to you, we may automatically stop delivery of any alerts to that number. In that event, you must update your mobile number with us before alerts can be delivered to a mobile number again. Should you wish to receive alerts to your mobile phone number after opting out of the alerts service, you must opt-in your mobile number before alerts can be delivered to a mobile number again. Your failure to maintain current and accurate contact information with us will prevent delivery of alerts through this Service, for which the Bank expressly disclaims any liability.
Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. The Bank does not guarantee either the delivery or the accuracy of the contents of any alert. The Bank will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes. Because the balance of some net cash Mobile Accounts is subject to change at any time, the information provided in any alert may become quickly outdated. Alerts are not encrypted. You acknowledge that, although the Bank may show less than the full account number for any of your net cash Mobile Accounts in an alert, the alert may include some information about your net cash Mobile Accounts. Depending on where you instruct us to send your alerts, anyone with access to your email or Eligible Mobile Device may be able to view the contents of these alerts. If you request through this Service to be notified when an account is closed, you acknowledge and agree that we may deliver that alert to you after your account is closed. In the event you request that we close your net cash Mobile Service, you acknowledge and agree that we may continue to send you alerts for a reasonable time thereafter until the closure process is completed.
Unless otherwise required by law, we may provide notice to you either by mail or electronically, including via email or via the net cash website or Mobile Application. If we choose to provide notice to you by mail, we may mail it separately or with other information to any address on our records for you. You accept responsibility to maintain current and accurate contact information on file with us.
BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC.