BBVA Wallet

Thank you for choosing the BBVA Wallet! You can use it to manage your Payment Cards. That's banking on a brighter future℠.

This document, the BBVA Wallet Terms of Use, is an agreement governing your use of the BBVA Wallet and related BBVA Compass Services. By accessing and using the BBVA Wallet, you:

  • (i) Consent to receive the BBVA Wallet Terms of Use and BBVA Wallet Application Privacy Policy electronically, and acknowledge receiving them; and
  • (ii) Agree to the BBVA Wallet Terms of Use, BBVA Wallet Application Privacy Policy, and CompassPoints® Rewards program Terms and Conditions.

If you do not agree, please tap the "Decline" button below.

Please read the BBVA Wallet Terms of Use and BBVA Wallet Application Privacy Policy carefully. The Terms of Use and Privacy Policy include, among other things:

  • Our obligations to you;
  • Your obligations as a user of the BBVA Wallet Services;
  • The ways in which we may send you notices, disclosures, transaction information, Rewards and Offers, and other communications;
  • YOUR AGREEMENT WITH US TO USE BINDING ARBITRATION FOR MOST DISPUTES ARISING UNDER THIS AGREEMENT OR CONCERNING BBVA Wallet SERVICES;
  • YOUR WAIVER OF A RIGHT TO TRIAL BY JURY AND TO CLASS-ACTION RIGHTS;
  • Limitations on our liability to you; and
  • Our Privacy Policy.

Terms of Use

1. General Terms of Use

The BBVA Wallet Service allows customers to obtain certain services via a cell phone or other handheld mobile device, or streaming device, as described below (which are individually referred to as a "Service" and collectively as the "Wallet Service"). In this BBVA Wallet Terms of Use Agreement ("Terms of Use"), "you" and "your" refer to the Wallet Service user who has enrolled in the Wallet Service, and the terms "BBVA Compass," "Bank", "we" and "us" refer to Compass Bank.

Your use of the Wallet Service constitutes your acceptance of these Terms of Use. These Terms of Use are subject to change from time to time as provided in these Terms of Use.

Your use of the Wallet Service for Offers and Rewards constitutes your acceptance of Terms and Conditions for the CompassPoints Rewards program. See Section 16 for full rewards terms.

THESE TERMS OF USE ARE SUBJECT TO ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS. IF A DISPUTE ARISES BETWEEN US, YOU OR WE MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION, RATHER THAN THROUGH JURY TRIAL. THE DISPUTE RESOLUTION PROVISIONS OF YOUR BBVA COMPASS DEPOSIT, CREDIT CARD, CHARGE CARD AND/OR PREPAID CARD ACCOUNT AGREEMENT APPLY TO THESE TERMS OF USE. PLEASE REVIEW THEM CAREFULLY.

You will be able to view these Terms of Use and the Privacy Policy at any time: (a) on our website at www.bbvacompass.com and (b) on your mobile device in the Wallet Application menu.

2. Eligibility for BBVA Wallet Use

a) Technical Requirements

In order to access the Wallet Service, you must have (i) a handheld device or streaming device that can send and receive information using the technology that supports this Wallet Service (an "Eligible Mobile Device") and (ii) all information required to enroll, which will be described in the BBVA Wallet Application ("Wallet Application") at the time of enrollment. The Wallet Application may not work on or be available on all mobile devices or operating systems. There may be some variation in how the application functions on different devices and operating systems. We reserve the right to add and/or remove the types of mobile devices and operating systems that are compatible with the Wallet Service at any time.

b) Eligibility Requirements

  • Legal Age or Parental Consent Required. If you are a minor (i.e. under the age of 18 unless you are in Alabama or Nebraska, where it is defined as under 19, or Puerto Rico or Mississippi, where it is defined as under 21), you need the consent of your parent or guardian to activate and use the Wallet Service. You represent and warrant that you have this consent and that you otherwise have the capacity to enter into the Terms of Use.
  • Eligible Payment Card/Account Required. In order to use the Wallet Service, you must have and be the owner of an eligible debit, credit, charge, and/or prepaid payment card ("Payment Card"). At least one of the Payment Cards must be associated with a BBVA Compass deposit, credit, or charge account. We may decide and change which Payment Cards and accounts are eligible for use with the Wallet Service at any time and in our sole discretion.

3. Wallet Services

With the Wallet Service, you may use your Eligible Mobile Device to access certain Payment Cards that are made available to you through, or that you request be added to, the Wallet Application, and you may use your Eligible Mobile Device to (i) view account data, including balances and recent transactions for each BBVA Compass Payment Card; (ii) manage Payment Cards, including activation or blocking of a Payment Card; (iii) receive notifications; (iv) view, participate in, and manage various benefits and rewards programs and other offers from BBVA Compass and/or participating merchants ("Rewards and Offers"); (v) use location-based services; and (vi) access additional services that may be available through the Wallet Application.

Mapping and location data provided by the Wallet Application or any third-party service, if any, is for basic navigational and/or informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither we, nor any of our content or third-party providers, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed as part of any Wallet Service.

4. Usage Fees and Charges

BBVA Compass does not currently charge you for the Wallet Service or downloading the Wallet Application. However, we reserve the right to do so in the future. 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 Wallet Service. You agree to pay any applicable fee that is based on your usage of a particular Service.

5. Use, Management, and Security

a) Use and Management.

  • We may place restrictions and limits on the use and management of the Wallet Application and Services, including: enrollment, login and PIN requirements; who may upload a Payment Card to the Wallet Application; who may block or remove a Payment Card; as well as other functionality.
  • You agree that any information you provide to us, as part of the enrollment process or otherwise, will be accurate and that you shall keep it current with us.

b) Reporting Unauthorized Use and Loss or Theft.

  • You are responsible for maintaining the security of your Mobile Device and any Wallet Service management information, such as enrollment, login and PIN information (“Security Codes”), that you have created for the purpose of accessing the Wallet Service. You are responsible for all transactions you initiate or authorize using the Wallet Service. If you allow any person to register a fingerprint in your Mobile Device or otherwise obtain or use your Wallet Service or Security Codes, you will have authorized that person to access your Payment Cards and other Wallet Services, and you agree that you are responsible for any transactions that person initiates or authorizes to or from your Payment Cards and will be bound by any agreements that person accepts or acknowledges electronically through the Wallet Service.
  • Under this agreement, we shall not be liable for unauthorized use of your Payment Cards. Your liability for unauthorized use of your Payment Cards remains subject to your applicable Cardholder Agreements with us or the other issuer(s) of your Payment Cards. In the event of any suspected or actual (i) unauthorized use of Wallet Services or (ii) loss or theft of your Mobile Device, you agree to immediately notify us and each of the issuers of any Payment Cards you have linked to the Wallet Service. Call us at: 1-800-273-1057, or write to us at: 

    BBVA Compass
    Online Banking Support
    P.O. Box 10566
    Birmingham, AL 35296

6. Wallet Application License and Content

a) License. You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to install and use the Wallet Application and Wallet Services only on an Eligible Mobile Device that you own or control, solely for your personal use and as expressly permitted herein. Wallet Services are provided in our sole discretion and may include access, management, and use of the Wallet Application and Services to: add/remove Payment Cards, view account data, otherwise manage Payment Cards, and view, participate in, and manage Rewards and Offers.

b) Permitted Uses. You may use the Wallet Application and the information, images and/or other works that you see, hear or otherwise experience on the Wallet Application and Wallet Services solely for your non-commercial purposes and/or to learn about the Wallet Services. No right, title or interest in any content is transferred to you, whether as a result of downloading such content or otherwise. We reserve complete title and full intellectual property rights in all content.

c) Prohibited Uses. Without limiting the generality of any restriction on the use of Wallet Services elsewhere in these Terms of Use, you agree not to (i) bypass or circumvent measures we may use to prevent, interfere, or limit access to the Wallet Application and Wallet Services, (ii) use the Wallet Application and Wallet Services to send altered, deceptive or false source-identifying information, (iii) use the Wallet Application and Wallet Services to intercept, collect or store personal information about other users, (iv) spam other users or take other actions that may affect the operation or enjoyment of the Wallet Application and Wallet Services by other users, (v) access, monitor or copy any content on or in the Wallet Application and Wallet Services using any robot, spider, scraper or other automated means or any manual process, (vi) send a virus or use any malicious programs or techniques in connection with the Wallet Application and Wallet Services, (vii) overload or crash the Wallet Application and Wallet Services, (viii) take any action that might compromise the security of Wallet Application and Wallet Services, (ix) render the Wallet Application and Wallet Services inaccessible to others or otherwise cause damage to the Wallet Application and Wallet Services, or any content, (x) add to, subtract from, or otherwise modify any content not intended for your modification, (xi) access any content that is not intended for you, (xii) use the Wallet Application or Wallet Services in any manner that might interfere with the rights of third-parties, (xiii) engage in excessively high volume data transfers or bandwidth use, including by hosting a web server, internet relay chat server or any other server via any use of the Wallet Application or Wallet Services, or (xiv) attempt any of the forgoing.

d) Links to Third-Party Websites. Links in the Wallet Application and access to third-party websites and information (e.g., links contained in any notification feature of Wallet Services) are provided solely as a convenience to you. If you use these links, you may leave the Wallet Application. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BBVA Compass of any third party, a third-party website, links on a third-party website, or any information contained therein. BBVA Compass is not responsible or liable for any such website or its availability, or for any content thereon. If you link to a website of any third party, including a BBVA Compass affiliate or service provider, you will leave the Wallet Application, and will be subject to the terms of use and privacy policy applicable to such third-party websites.

7. Consent to Receive Electronic Communications

It is our goal to provide you with as many digital banking options as possible, including providing information to you electronically. We are required by law to give you certain information in writing. This means you have the right to receive that information on paper. With your consent, we can provide it to you electronically, instead.

In this consent:

  • "We," "us," "our," and "BBVA Compass" mean Compass Bank, Member FDIC, a member of the BBVA Group, or any other affiliate bank of BBVA Compass Bancshares, Inc.
  • "You" and "your" mean the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any BBVA Compass product that you apply for, use or access.
  • "Communications" means each disclosure, notice, agreement, fee schedule, privacy policy, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.

You agree to receive electronic Communications from us.

As part of your relationship with us, we will provide you with Communications. By accepting these Terms of Use, you consent to receiving Communications in electronic form for any products, services and accounts that you have or apply for, either now or in the future. You also consent to the use of electronic signatures in your relationship with us.

We may still choose to provide you with information on paper even though you have consented to receive it electronically. In some cases, we are not permitted by law to deliver certain Communications to you electronically. However, if the law changes in the future and permits additional Communications to be delivered electronically, this consent will automatically cover those Communications as well.

We may deliver electronic Communications to you in several ways.

When we deliver electronic Communications to you, we will either: (1) email them to you; (2) post them on our website; (3) present them on-screen or for download through one of our online or mobile banking services; (4) include them in other electronic Communications that we are delivering to you, such as electronic account statements; or (5) in the manner specified in any other agreement we have with you. If we are not emailing or presenting the information to you directly, we will tell you where you can go to view that information.

If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us. If you choose not to receive electronic Communications or use electronic signatures in connection with the new product, service or account, that choice does not mean you have withdrawn your consent with respect to any other product, service or account.

You will need some technology to receive electronic Communications.

To receive and retain electronic Communications from us, you will need the following:

  • A computer or mobile device with an operating system that supports everything below;
  • A connection to the internet;
  • A current version of a web browser that we support. You should check the system requirements periodically for updates to supported software;
  • A hard drive or other data storage unit;
  • A valid, active email address; and
  • A current version of a program that displays PDF files (such as Adobe® Reader®).

To test your ability to open a PDF file, please click here.

If our hardware and software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the change. Continuing to use our electronic services after receiving notice of updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.

Please keep your contact information up to date.

It is your responsibility to keep all of your contact information current so that we can send you electronic Communications. You can update your email address and other contact information by editing your profile in BBVA Compass Mobile Banking or Online Banking. You may also call Customer Service at 800-266-7277.

You may have the option to receive paper copies.

We may choose to make paper copies of certain electronic Communications available upon request. There may be a fee for providing a paper copy. If you would like a paper copy, please call Customer Service at 800-266-7277 to find out whether a paper copy is available and the amount of any fee for that copy. You can also request paper account statements (for a fee) in Online Banking.

You can withdraw your consent to receiving electronic Communications.

You have the right to withdraw this consent at any time. Withdrawing consent may terminate your access to certain electronic services, including Online Banking and Mobile Banking. You may also no longer be able to use certain BBVA Compass products. After we have processed your withdrawal, future Communications required to be in writing will be delivered to you on paper, subject to applicable fees. To withdraw your consent to receiving electronic Communications, you may call Customer Service at 800-266-7277. Your withdrawal of consent will become effective only after we have had a reasonable opportunity to act upon it.

8. Disclaimer and Exclusions for Third-Party Products, Services and Facilities

You agree to look solely to the applicable Cardholder Agreement, rewards terms, offer terms, terms of purchase, and/or other agreement you may have with participating Payment Card issuers, Rewards and Offers providers, participating merchants, Internet/Wireless Service Providers, or others to resolve all questions and disputes regarding their respective services, including Payment Cards, Rewards and Offers, transactions, Wallet Eligible Mobile Devices, and data services.

YOU ACKNOWLEDGE AND AGREE THAT WE (I) HAVE NO RESPONSIBILITY OR LIABILITY FOR OR UNDER ANY OF YOUR AGREEMENTS WITH ANY THIRD PARTIES WHETHER OR NOT IDENTIFIED OR REFERENCED IN THESE TERMS OF USE, AND (II) CANNOT AND WILL NOT BE LIABLE FOR ANY ACTS, OMISSIONS, MATERIALS, PRODUCTS, OR SERVICES OF ANY OF THEM OR ANY OTHER THIRD PARTY INCLUDING, WITHOUT LIMITATION, (A) ANY MISTAKE IN AUTHENTICATING DATA, FOR SECURITY PURPOSES OR OTHERWISE, (B) VERIFYING WHETHER YOU ARE ELIGIBLE TO COMPLETE THE TRANSACTION OR MAKE THE PAYMENT FOR WHICH YOU ARE ACCESSING THE WALLET, (C) ANY MISTAKE BY A PARTICIPATING MERCHANT, PARTICIPATING PAYMENT CARD ISSUER, INTERNET/WIRELESS SERVICE PROVIDER, PAYMENT PROCESSOR OR OTHERWISE IN CONNECTION WITH YOUR COMPLETING A TRANSACTION, MAKING A PAYMENT, OR REDEEMING REWARDS OR OFFERS, (D) ANY MISTAKE IN TRANSMISSION OF DATA BY ANY THIRD PARTY, (E) ANY FAILURE IN EQUIPMENT, TRANSMISSION SYSTEMS OR THE FAILURE OF THE INTERNET TO TRANSMIT INFORMATION, (F) ANY FAILURE OF YOUR WALLET ELIGIBLE MOBILE DEVICE OR ANY EQUIPMENT NECESSARY TO ENABLE THE WALLET SERVICES, (G) ANY FAILURE OF A PARTICIPATING MERCHANT OR PARTICIPATING PAYMENT CARD ISSUER TO AUTHORIZE A TRANSACTION YOU INITIATED BY MEANS OF THE WALLET, OR (H) ANY FAILURE OF A PARTICIPATING MERCHANT OR REWARDS AND OFFERS PROVIDER TO HONOR OR OTHERWISE ENGAGE IN A TRANSACTION OR REWARDS AND OFFERS OR ABIDE BY ANY CONTRACT FOR SUCH.

9. Intellectual Property Rights

a) Intellectual Property. You acknowledge and agree that BBVA Compass and/or our licensors own all legal right, title and interest in and to the Wallet Services, including any trademark, copyright, patent, trade secret and other intellectual property rights which subsist in the Wallet Services and any collateral and related materials we may distribute in connection with the Wallet Services (whether those rights are registered or not, and wherever in the world those rights may exist). You agree that you will not use any third-party materials associated with the Wallet Services in a manner that would infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you. All third-party marks, including the logos of participating merchants, are the property of their respective owners.

b) Restrictions. You agree not to (i) take any action that would jeopardize, limit or interfere with BBVA Compass's and/or our licensors' rights to the Wallet Services, (ii) copy, translate, publish or create derivative works of the Wallet or any applicable component of the Wallet Services, (iii) resell, distribute, trade or make any other commercial use, modify, reverse engineer, decompile or disassemble the Wallet or any applicable component of the Wallet Services, or (iv) use the Wallet Services for illegal or fraudulent purposes. You further agree to use the Wallet Services for purposes that are permitted by these Terms of Use and in accordance with applicable law and regulation.

c) Digital Millennium Copyright Act (DMCA) Notice. If you believe that material available through the Wallet Services infringes the copyright of any third party, notify us by using the notice procedure under the DMCA. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

10. Modifications

We may change these Terms of Use at any time by informing you of any material change as provided herein. We reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Wallet Services. Any change shall apply upon the effective date of the change and will apply only to your future use of the Wallet Services. You will be deemed to agree if you affirmatively accept the change, or if you continue to use the Wallet Services after the effective date of the change.

11. Your Acts and Omissions

You are solely responsible for your acts and omissions in connection with your use of the Wallet Services, AND WE WILL NOT HAVE ANY LIABILITY for any claim, action or liability that arises out of or is in any way connected with such acts or omissions. As set forth above, in order to access the Wallet Services you may be required to establish enrollment, login and PIN credentials. We will have no responsibility or liability if you lose, share or fail to keep confidential any of these credentials.

You agree to indemnify, defend and hold harmless BBVA Compass, its equity owners, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third parties that support the Wallet Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your misuse of any Wallet Service or content, or any violation by you of this Agreement or applicable law.

12. Limitation of BBVA Compass Liability

IN NO EVENT SHALL BBVA COMPASS, ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, INTERNET/WIRELESS SERVICE PROVIDERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THE TERMS OF USE OR THE PROVISION OF THE WALLET SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. WE SHALL NOT BE LIABLE EVEN IF WE ARE UNABLE TO PROVIDE THE WALLET SERVICES (OR ANY PART THEREOF) OR PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THE TERMS OF USE DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD, OTHER FORCE MAJEURE OR ANY OTHER EVENT BEYOND OUR CONTROL.

BBVA COMPASS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES REGARDING THE WALET SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE TERMS OF USE CONTAIN OTHER DISCLAIMERS, LIMITATIONS AND EXCLUSIONS THAT MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, AND THUS NOT APPLICABLE TO YOU. THE WALLET SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. IF YOU ARE DISSATISFIED WITH THE WALLET APPLICATION, THE WALLET SERVICE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WALLET SERVICE.

IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE WALLET SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE WALLET SERVICE (OR ANY DATA STORED IN OR TRANSMITTED THROUGH THE WALLET SERVICE), WE MAKE NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE WALLET SERVICE OR PROVIDE THE WALLET SERVICE ERROR-FREE OR UNINTERRUPTED.

IF, DESPITE THE FOREGOING PROVISIONS, LIABILITY IS NEVERTHELESS IMPOSED ON BBVA COMPASS, OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, OR ON ANY OF THEIR RESPECTIVE MANAGERS, INTERNET/WIRELESS SERVICE PROVIDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS OR ASSIGNS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF THE FOREGOING ENTITIES OR INDIVIDUALS UNDER OR IN CONNECTION WITH THE TERMS OF USE OR OUR PROVISION OF THE WALLET SERVICE EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE NUMBER OF CLAIMS.

13. Termination

These Terms of Use will remain in full force and effect until terminated by either you or us. If you wish to terminate this Agreement, you may do so by providing written notice to us at the address in Section 5 above and uninstalling the Wallet Application from your device or as we may otherwise provide. If you do not use Wallet Service for three (3) consecutive months, we may consider such non-use as notice that you have terminated your subscription to Wallet Services.

If you terminate this Agreement, you authorize us to continue making any transfers, credits, debits, payments, and any other actions you have previously authorized through Wallet Service until such time as we have had a reasonable opportunity to act upon your termination notice.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Wallet Service, or your access to the Wallet Service or terminate this Agreement, with or without notice. To the extent legally required and permitted by applicable law, we may notify you of such as provided in these Terms of Use. To the extent permitted by applicable law, if we modify or discontinue the Wallet Service or your access to the Wallet Services or terminate this Agreement, we reserve the right to make no further transfers, credits, debits, payments, and any other actions you have previously authorized through Wallet Service.

You agree that WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WALLET SERVICE, OR YOUR ACCESS TO THE WALLET SERVICE OR TERMINATION OF THIS AGREEMENT.

The preamble and Sections 1, 5, 7, 8, 9, 11, and 12 shall indefinitely survive any termination of these Terms of Use.

14. Miscellaneous Provisions

a) Entire Agreement. The Terms of Use contain the entire agreement between you and BBVA Compass pertaining to your use of the Wallet Service, and expressly exclude any writings, representations, agreements or understandings not specifically captured or contained herein, whether written or oral.

b) Governing Law. The Terms of Use are governed by the U.S. Federal Arbitration Act, applicable U.S. federal law, Alabama law, and as applicable, the laws of the U.S. state or territory in which each BBVA Compass Payment Card account was opened, without regard to the conflicts of laws rules of that state or territory.

c) Severability. If any part of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and, if practicable, the invalid or unenforceable provision will be reformed to achieve its intended purpose.

d) Non-Waiver. The failure to enforce any of these Terms of Use on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term.

e) Interpretation. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

f) Assignment and Service Providers. You may not assign this Agreement or your rights or responsibilities under this Agreement to any other party, and any attempted assignment shall be null and void. We may assign this Agreement to any affiliated entity or any successor. We may also assign or delegate any or all of our rights under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or enforced by either us or our service provider. Any reference in this Agreement to us or BBVA Compass shall also be considered a reference to any service provider performing services under this Agreement on behalf of us/BBVA Compass.

g) Communications. When you give us your phone number (including mobile) or other contact information, we have your permission to contact you through those means about the Wallet Service, and related information. Your consent allows BBVA Compass to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and Wallet Service related calls, but not for telemarketing or sales calls. It may include contact from companies working on behalf of us to service the Wallet Application. Message and data rates may apply.

If your Device is a smartphone, once you download the Wallet Application, it may be enabled to allow you to contact the BBVA Compass Customer Service center through the application. If you agree to contact the BBVA Compass Customer Service center, the application will provide the option to automatically call us through the wireless service provider with which you have a contract.

15. Privacy Policy and Data Collection

We may, in accordance with the BBVA Wallet Application Privacy Policy, collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location, that is gathered periodically to facilitate the provision of updates to the Wallet Application and product support, for security reasons, for marketing purposes, and for other services to you (if any) related to, or in connection with, the Wallet Service.

You may enable or disable push notifications by changing the settings on your Eligible Mobile Device or as we may otherwise provide within the Wallet Application.

You also understand that your use of Wallet Service may require certain technology, systems, and services provided by third parties other than BBVA Compass and participating merchants, such as, for example, payment processors, payment networks, Wi-Fi providers, NFC/BLE readers and related technologies, Wireless Service Providers and other telecommunications carriers, and internet service providers, third party software developers (including developers and providers of operating systems for mobile devices) and third party manufacturers of mobile devices. We may need to share certain information with these third parties in order to provide the Wallet Service. You explicitly permit such sharing with those third parties in order to deliver the Wallet Service.

16. Rewards Programs’ Terms

Your use of the Wallet Service for Offers and Rewards constitutes your acceptance of Terms and Conditions for the CompassPoint Rewards, and Simple Cash Back program. See below.

17. CompassPoints® Terms and Conditions

CompassPoints is a promotional rewards program ("Program") offered by BBVA Compass ("Bank," "we," "us" or "our"). In this Program, "you" or "your" means everyone that may be a business or consumer accountholder (joint or otherwise) on a BBVA Compass Credit Card, Check Card, Optimizer Secured Credit Card, Safe Spend Prepaid Card, or BBVA Compass Select credit cards. BBVA Compass reserves the right to disqualify any individual or joint account holders who violate these Terms and Conditions or violate any Program rules, terms, or conditions posted on the Websites listed below) or otherwise disclosed by BBVA Compass. CompassPoints® is a registered trademark of Compass Bank. BBVA Compass is a trade name for Compass Bank and these names may be used interchangeably in this Program. The rules of the Program are outlined below.

Contact Information

Customers may contact BBVA Compass about the program, to make redemptions, or specific questions related to CompassPoints by calling or going to the websites listed below ("Websites"). Online Banking users may also access the Websites through the CompassPoints section of our Online Banking service and Wallet Users may also be permitted to use the Wallet to make certain redemptions.

Enrollment

BBVA Compass Consumer and Business Credit and Charge Cards eligible for CompassPoints® will be auto-enrolled in CompassPoints® and you agree to be bound by the terms of the Program. As of April 1, 2012, BBVA Compass Optimizer Secured Credit Cards and BBVA Compass Safe Spend Prepaid Cards are eligible to participate in the CompassPoints® Reward Program through the special retail offers provided on the Websites. BBVA Compass Optimizer Secured Credit and Safe Spend Prepaid Cards will be automatically enrolled in CompassPoints. Any BBVA Compass Consumer or Business Check Card (or Debit Card) must actively enroll and establish a Program account ("CompassPoints® account") to participate in the Program. You may enroll by visiting the Websites or calling the appropriate phone number for your product listed above. Any primary or authorized user of a BBVA Compass Check Card associated with the primary checking account can enroll in CompassPoints®. Immediately thereafter, all other check cards with access to the primary checking account are automatically enrolled in the Program and begin accruing points under one CompassPoints® account. Business Credit Card accounts will be automatically linked together based on the business entity name and owner information. If any existing BBVA Consumer or Business Check Card was enrolled in the Visa Extras rewards Program prior to August 1, 2009, the Consumer or Business Check Card will be auto-enrolled in CompassPoints® and you agree to be bound by the terms of the CompassPoints® rewards Program.

BBVA Compass Simplified Line of Credit accounts opened on or before July 1, 2011 will be auto-enrolled in CompassPoints® and you agree to be bound by the terms of the Program. Any Simplified Line of Credit account opened after July 1, 2011 will not be auto-enrolled in the program and will not earn new points unless issued through a BBVA Compass Special Promotion at the complete discretion of the bank. CompassInspire® Credit Accounts are no longer able to register for the program after August 31, 2012.

There is no charge for participating in the Program at this time. We reserve the right to change this policy and charge fees to the CompassPoints® account in the future. You will be notified in Online Banking or on the Websites if any fee changes occur.

Earning Points

CompassPoints® accrue at a rate of one point for each dollar of net retail purchases made with your BBVA Compass Consumer and Business Credit Card. (As used in these Terms and Conditions, the term "Compass Credit Card" includes both Credit and Charge Cards issued by BBVA Compass and the CompassInspire® Platinum Card until June 1, 2012 when the CompassInspire Platinum Card became ineligible to earn points, but excludes the BBVA Compass Optimizer Secured Credit card, Check/Debit Cards, and Safe Spend Prepaid Cards from benefits of the CompassPoints® program except for qualifying retail offers.). A "Qualifying Purchase" is any qualified purchase, Internet purchase, phone or mail order purchase, bill payment, contactless purchase (purchase made by holding your BBVA Compass Visa Card or other device up to a secure reader instead of swiping your card), or small-dollar purchase for which you are not required to sign, made with your BBVA Compass Visa Card, that is processed or submitted through the Visa U.S.A. Inc. payment system. Payments of existing card balances, balance transfers, cash advances, ATM transactions, convenience checks, Interlink processed transactions, fees charged by us (for example, annual fees, finance charges, and related service charges, if any apply), payments made for prepaid and reloadable cards such as certain gift cards, Visa Buxx,® and similar cards, payments made for payment instruments that can readily be converted to cash (for example, travelers cheques, money orders, wire transfers, and similar products or services), are not Qualifying Purchases for purposes of the Program. We reserve the right to determine, in our sole discretion, whether a particular BBVA Compass Visa Card transaction is a Qualifying Purchase. Call 1-87-REWARDS1or phone number listed above to find out which cards are enrolled. Points only accumulate on Qualifying Purchases. Outside of special promotions, points do not accumulate on cash advances, balance transfers, or convenience check transactions. When merchandise purchased with your BBVA Compass Credit or Check/Debit Card is returned, the account credit will result in a reduction of CompassPoints®. Points also do not accumulate on fees, adjustments, or on any Card transactions in which you use a PIN number rather than signing a receipt.

As of June 1, 2012, CompassInspire® Credit Card accounts no longer earn CompassPoints, and after August 31, 2012, any points earned by CompassInspire® Credit Card accounts are forfeited. Access to points and the program through the CompassInspire® Credit Card account will no longer be available. Any points earned on other BBVA Compass cards will continue to be valid according to the terms and conditions.

CompassPoints® accrue at a rate of one point for each dollar accessed on your BBVA Compass Simplified Line of Credit through August 1, 2011. After August 1, 2011, no points accumulate on the BBVA Compass Simplified Line of Credit unless they are accrued through a special promotion initiated by, and at the complete discretion of, BBVA Compass.

The actual period of time it will take to receive points for any single eligible transaction may vary, and neither BBVA Compass, nor Breakaway Loyalty shall be liable for any fees incurred by you or any other loss you may sustain as a result of your reliance on point redemptions.

Returns are subject to the return policy of the merchant from whom you purchased. If you return or cancel an item, we reserve the right to reverse any points earned from that sale without notice.

Accrued CompassPoints are redeemable for any item eligible for redemption through the Program based on the point values specified on the Websites or print catalog. Any point balance remains the property of BBVA Compass until redeemed, and the point balance will remain the property of BBVA Compass should customer fail to exercise redemption rights.

Exchanges make any purchases related to exchanges ineligible for points. In the process of an exchange, the merchant cancels the original purchase and replaces it with a new one. As a result, points associated with the original purchase get reversed and new points are not established because the merchant has created a new direct purchase (meaning the new purchase was not completed through CompassPoints program, but placed through the merchant directly). Because of this, the merchant will not honor any points, which means we have no points to pass on to you. To avoid losing the points: In future transactions please make sure all returns are final and that the transaction is not an exchange. To ensure you earn points, have the merchant refund your Credit or Check Card, and then re-place the order through CompassPoints to receive the designated points.

If you believe that you have made purchases that should have resulted in the addition of points to your accumulated points balance and you see that the points have not been reflected within thirty (30) days of your Qualifying Purchase (date the purchase appears on your credit card statement), you can call us at 1-87-REWARDS1 within ninety days of the date of such purchase and we will investigate the situation. If you wait longer than ninety (90) days, your ability to claim the points will be considered to have been waived.

Linking Accounts

You may consolidate your eligible BBVA Compass Credit Card, Check/Debit Card, Optimizer Secured Credit Card, and Simplified Line of Credit accounts for you and the members of your household living at the same address into one CompassPoints® account for purposes of accruing and redeeming points. BBVA Compass Business Credit and Check/Debit Card points may only be combined into the authorized officer/owner’s business account and only at the sole discretion of the business owner to allow cardholders associated with the business to accumulate or redeem points. To combine your points, follow the directions on the Websites listed above or call the phone number for your product above for assistance. CompassPoints® from more than one CompassPoints® account, however, cannot be transferred or combined for redemption purposes unless they are first consolidated into one household account. CompassPoints® are not transferable to other frequent traveler or merchandise programs. Multiple Compass Check Cards associated with one checking account are automatically linked and cannot be separated. BBVA Compass Select Credit Cards may be linked to all other type cards. The BBVA Compass Select Credit Card rewards program will be applied to all other card types linked to a BBVA Compass Select Credit Card. If other products are linked to the BBVA Compass Select Credit Card, they can access the Program at www.bbvacompass.com/selectrewards and if they access the Program at www.bbbvacompass.com/rewards, they will be redirected to the previous mentioned site to access rewards.

BBVA Compass has discretion to combine the points earned by different cards issued for the same account on one statement. If you consolidate the accounts for your household, then one statement will be issued for the consolidated accounts.

You agree that you will not request that an account be linked to another account unless the accounts are eligible for linking as described in these Terms and Conditions. You agree that you will only request linking if you are the signer on the Check/Debit Card account. You agree that any signer on the account accessed by the Visa Check/Debit Card or an authorized user or employee on the credit card may request linking to other cards issued for that account. We may unlink accounts at any time and may terminate your ability to link accounts at any time without prior notice to you.

Point Activity/Expiration/Forfeiture

CompassPoints® accumulated over thirty-six months: CompassPoints® not redeemed within thirty-six (36) months of having been earned expire on a first-in, first-out basis. In addition, if you do not use your enrolled BBVA Compass Credit Card, Optimizer Secured Card, Safe Spend, or Compass Check/Debit Card to make eligible purchases for twelve (12) consecutive months, all accumulated points for the account on which that card is issued will be forfeited and you may be removed from the CompassPoints® Program. BBVA Signature Credit Card points may be forfeited if no eligible purchases are made in twenty-four (24) consecutive billing cycles.

For BBVA Compass Select credit cards, there is no expiration date on points as long as the credit account remains active for 12 consecutive months. If an account becomes inactive, expiration begins 36 months from the inactive date.

For all products eligible for CompassPoints, excluding Business Credit Card accounts enrolled in CompassPoints and Rebates, ® there is no maximum number of points you may earn. For those Business credit card accounts dual enrolled in both CompassPoints and the Business Rebate program, there is a cap of 300,000 points per year.

If you receive gifted points or purchase points, the gifted and purchased points will expire twelve (12) months from the date the points are gifted or purchased. See Point Gifting and Purchasing Points below.

Eligibility

If any of your BBVA Compass accounts are past due, closed, overdrawn, or otherwise not in good standing, as determined by BBVA Compass, you will not be permitted to redeem CompassPoints® and CompassPoints® may not be credited to your CompassPoints® account. In addition, your account may be terminated and you may be required to forfeit your CompassPoints®.

If you or the issuer of an enrolled card close the BBVA Compass Credit Card account or terminate a Compass account to which an enrolled Check/Debit Card is linked, whether or not it is delinquent or in good standing, all CompassPoints® earned on the closed account are forfeited.

BBVA Compass and any other issuers of cards eligible to participate in the CompassPoints® Program ("Other Issuers") are not responsible for any inaccuracies in CompassPoints® accrual, or any loss incurred that may arise in connection with the use of any travel services. BBVA Compass and Other Issuers are not responsible for the performance by any merchant, service provider, or common carrier. BBVA Compass and Other Issuers assume no liability for lost or stolen tickets. BBVA Compass may exercise its rights under this agreement at any time; a delay by BBVA Compass in exercising any right under this agreement does not mean that BBVA Compass has waived that right. BBVA Compass employee business expense credit cards are ineligible for the Program. Points earned under previous programs will be honored; however, no new points will be earned.

Redemption

CompassPoints® can be redeemed in increments specified in the CompassPoints® catalogue, in the Wallet, and on the Websites for gifts such as merchandise, travel, account credits, gift cards, or special promotional offers by redeeming via the Wallet, visiting the Websites above or by calling the toll-free number provided. The availability of gifts may vary based upon which redemption channel is used.

If you live outside the United States, you are eligible to redeem only for Account Credits. All other redemptions are not allowed.

CompassPoints® may be redeemed for an account credit to be credited to an eligible BBVA Compass Credit, Optimizer Secured, Safe Spend Prepaid, BBVA Compass Select, or Check/Debit Card account associated with the CompassPoints® account. If more than one account is linked, you must choose the single account to credit or the credit will default to the account used at your CompassPoints® login. Please allow up to 14 business days for the credit to post to your Credit Card, Check/Debit Card, Optimizer Secured, Safe Spend, or BBVA Compass Select account. Redemption values may change at any time and BBVA Compass reserves the right to cancel this redemption option at any time.

CompassPoints® can be used to order gifts described in the current CompassPoints® brochure or on the Websites. The CompassPoints®brochure and Websites are revised periodically and discontinued items cannot be ordered. You may redeem your accrued points for merchandise gifts, from any redemption level, as long as you have the necessary number of CompassPoints® posted to your account. You may redeem your Points by visiting the Websites through Online Banking or the web addresses or phone numbers provided in the Contact Information section above. CompassPoints® redemption requirements are subject to change without notice from time to time and gifts may be substituted at any time. Should a gift be discontinued after you have ordered it, it will be replaced with a gift of equal or greater value or you will be advised to make an alternate selection.

Airline Tickets will be for no more than the amount designated in the redemption schedule, including tax and destination charges, unless you elect to pay the difference in fare and have this amount charged to your Card account or Simplified Credit Line account on record with BBVA Compass. All airline ticket rewards are for coach class travel (unless otherwise noted) and confirmed at the airline's lowest applicable fare in the market. You choose the airline and travel dates, subject to availability. You are responsible for any taxes, fees, or other charges associated with the issuance of tickets for airline travel but not otherwise covered by the airline's redemption of travel rewards. Interim stopovers of more than four (4) hours, circle trips, or open jaw itineraries are not permitted. There is no limitation on the number of connections and there are no blackout dates. All airline ticket rewards are subject to availability. All airline ticket rewards are non-refundable and non-changeable, unless you elect to change the ticket directly with the airline and you are willing to pay any fees charged by the airline for changes. Tickets are subject to the applicable airline rules and regulations. The Program and BreakAway Loyalty are not responsible for communication of airline schedule changes. Flight reservations should be reconfirmed at least 72 hours prior to departure directly with the ticketing airline. The traveler will need to have a government issued photo ID at airport check-in. Failure to show for a ticketed flight reservation will invalidate the use of the airline ticket and result in forfeiture of redeemed CompassPoints® for the ticket.

Air Travel Discount rewards of any value are applied to the cost of the tickets. No refunds or credits are given for discounts exceeding the cost of the tickets.

All airlines used must be a member of the Airlines Reporting Corporation and provide booking and ticketing services in the Orbitz for Business network. All tickets will be issued as electronic tickets unless this service is not provided by the airline. You have the option of having paper tickets (if applicable), vouchers, itineraries, and other travel documents delivered to your Card account or Simplified Line of Credit account billing address via express courier and the cost charged to your Card account or Simplified Line of Credit Line . You may also elect to have tickets, vouchers, itineraries, and other travel documents delivered to your billing address by uninsured first class mail. YOU ASSUME ALL RISK AND RESPONSIBILITY for lost, stolen, or otherwise destroyed tickets.

Rewards Cards, once issued are non-refundable and non-cancelable. You assume all risk and responsibility for lost/stolen, or otherwise destroyed Reward Cards.

Hotel Certificates/Gift Cards, once issued are non-refundable and non-cancelable. You assume all risk and responsibility for lost, stolen, or otherwise destroyed certificates or gift cards. The hotel merchants offered in the Program are not affiliated with, nor are they sponsors of the Program. Names and logos are registered trademarks and cannot be used by any person or company without written approval from the individual merchants. Hotel and travel offerings may change at any time without notice. The account holder is responsible for making hotel reservations. Check with the hotel regarding participation and availability at the time of reservation.

Cruise Rewards, once booked, are non-refundable and non-cancelable. All cruise redemptions must be booked at least 60 days prior to the requested sailing date. Cruise rewards are based on double occupancy for an interior cabin. At least one member sailing must be 21 years of age or older. Changes are subject to change fees imposed by cruise line.

Rental Car Travel Vouchers are valid at participating locations toward a rental made in accordance with the terms and conditions of the rental agreement, up to the amount stated on the certificate. The renter must meet the age, credit, and driver qualifications in effect at the time and place of the rental and must meet the minimum standards of the rental company. Advance reservations are recommended. Travel voucher use is determined by the rental company.

Mortgage Rebates are issued through a check to the mortgage or home equity lender specified by the customer. Mortgage rebate checks will be issued within 30 days of request. BBVA Compass does not guarantee delivery of the check or accuracy of the information provided by the account holder. Checks will be sent out by regular mail. Account holders may request BBVA Compass to stop payment on a lost or stolen Mortgage Rebate check, but the Bank is not obligated to reissue Rebate Checks. If the Bank is successful in preventing payment of the lost or stolen Mortgage Rebate Check and determines, in its sole discretion, that it has no liability to a third party for stopping payment, then the Bank may reissue the Mortgage Rebate Check. Mortgage Rebate checks expire 90 days after the issue date stated on the check. If a Mortgage Rebate Check is not cashed by the mortgage or home equity institution during that period, the Bank may, but is not required to, void the Mortgage Rebate Check and is not required to replace it, or the points that were redeemed for the item, or provide any other form of payment for the Mortgage Rebate represented by the Rebate Check. It is the Account holder’s responsibility to notify the Bank if their mortgage or Home Equity institution has not received the Check and posted it. The Mortgage Rebate does not constitute a payment on the mortgage or home equity account that is indicated in the redemption. BBVA Compass is not responsible for late fees, service fee, or any other fees that may be charged by your mortgage or home equity institution.

Charitable Donations are administered by justgive.org. The Program is not affiliated with justgive.org or any charities available through them. Please consult the justgive.org website for tax information as BBVA Compass is not responsible for providing tax documentation for any redemption made for charitable donations. Please consult with a tax advisor for direction on charitable donation eligibility and documentation. Additional charitable organizations may be added and are not affiliated with BBVA Compass. Please consult their websites for details on their charitable organization and policies.

Flexible Credits are available on transactions made in the last 60 days and can be selected for an account credit. Please allow up to 14 business days for the credit to post. Only one credit per transaction allowed. Flexible credits are only available for BBVA Compass Select Credit Card Accounts.

Auctions are hosted, managed, and operated by BreakAway Loyalty, a third-party auction service provider that is not affiliated with the Bank. The Bank is in no way responsible for the actions of BreakAway Loyalty, and neither the Bank nor BreakAway Loyalty is an auctioneer. Participation in an auction is available to select Bank credit card customers at the Bank’s sole discretion. Auctions are subject to the terms and conditions set forth herein.

Eligible participants ("Bidders") must be United States residents and have the capacity to enter into legally binding agreements. The Bank reserves the right to exclude anyone from an auction who fails to follow the terms and conditions.

Auction Rules: Bidders may use CompassPoints to bid for and purchase prizes in an auction-style format. For each item featured in the auction, a complete description of the item and its minimum bid requirements, auction term, bid increments, and other applicable information will be included. Only Bidders with sufficient amount of CompassPoints will be able to place a bid. Once a bid is placed, it cannot be cancelled. Bidders with the highest CompassPoints bid at the end of the auction term ("Winning Bidder") must claim in the time specified or else risk forfeiting the prize. Winning Bidders will be emailed upon conclusion of the auction. Upon the end of the auction, the CompassPoints withdrawn from Winning Bidder are non-refundable; however, all other participants in the auction will have their CompassPoints returned to their respective accounts. BBVA Compass has the discretion to limit the number of auctions that Bidder may participate in.

Winning Bidder will be notified of any delays or inabilities to deliver the item and appropriate remedies will be determined by the Bank. All items are non-refundable. All applicable local, state, or federal taxes with respect to any items in the auction shall be at the sole responsibility of Winning Bidder.

Auction Liability: The Bank and BreakAway Loyalty are in no way liable for the auction service’s malfunction, interference, or website delay. Additionally, the Bank and BreakAway Loyalty will not be held responsible for any errors within the auction website platform that may affect the auction’s content or ability to perform.

Any experiential travel or vacation package is non-refundable and non-cancelable. Any participating merchant is not a sponsor of this Program. The account holder is responsible for making reservations and completing any requirements requested to complete the reservation. The Program is not responsible for any additional fees incurred related to booking or travel with a package.

The Program is not affiliated with any of the merchant gift cards offered and the merchant gift cards offered are not sponsors of this Program. Names and logos are registered trademarks and cannot be used by any person or company without written approval from the individual merchants. Gift card offerings may change at any time without notice.

Any award that is shipped will ship UPS, USPS, or an accepted domestic delivery service and will usually deliver within 2-4 weeks. Shipments cannot be made to a post office box, an APO address, or outside the 50 United States.

A gift can only be exchanged in the event that it arrives in defective or damaged condition. Be sure to note any exceptions, damages or shortages on the delivery receipt before signing to accept gift/freight shipment. Instructions on how to return defective or damaged items are included with your gift. If you need additional information, please call 1-87-REWARDS1. Items must be returned within 30 days of receipt. Redemption values for any redemption item may change at any time without notice. Compass reserves the right to cancel any redemption option at any time. You may redeem for your account credit at the Websites or phone numbers provided in the Contact Information section above.

Using Points for Charges

In the sole discretion of BBVA Compass, we may permit you to use points towards eligible charges, including at the point-of-sale with participating merchants. We may change which charges and merchants are eligible charges and merchants, as well as what restrictions may apply, at any time without notice. Generally, these charges must occur in the United States or a United States territory.

When you use points for charges, you may be required to have a minimum number of points to cover a specific amount of the charge or the total amount of the charge, including any tip. Whether or not points are used for the total amount of the charge, the available credit on your Card account may be reduced temporarily by the total amount of the charge. The points will be deducted from your Program account, and an accompanying credit may be applied to your Card account as necessary to adjust any temporary reduction in credit. If the charge is successfully processed using points, the amount of the charge paid with points may not appear on your Card account statement as part of the transaction amount but may appear as a rewards’ point reduction. We will make reasonable efforts to notify you if a processing error occurs and we are unable to complete your redemption for an eligible charge. If this happens, points will not be deducted from your Program account and the associated charge will still appear on your Card account.

You may be required to agree to additional terms and conditions to use points for charges.

Point Gifting

You may gift points to other CompassPoints® accounts and/or participants. Gifting points is free. Points may be gifted in any denomination and can only be gifted to accounts that are open and in good standing. Gifted points expire twelve (12) months from the date the points are gifted.

Point Purchases

Points may be purchased beginning at 2,000 up to 25,000 at a rate of .0175 per point. Point purchases begin at $35. These purchases must be charged to your BBVA Compass Credit, Check, or Optimizer Secured Card. Point purchases will earn points on enrolled cards that are eligible to earn points and are not refundable. Points purchased expire 12 months from the purchase date.

Build Your Own Rewards

BBVA Compass Select Credit Card customers may select bonus point categories to earn additional points. Bonus point programs and categories are subject to change or cancellation at any time without notice at the sole discretion of BBVA Compass. Points earned through Build Your Own Rewards for the BBVA Compass Select Credit Card customers have no earning cap and bonus point categories can be changed once every 90 days by customer-initiated request. Please refer to the disclosure posted with Build Your Own Rewards at www.bbvacompass.com/selectrewards for more information. If you do not select bonus categories, the bonus categories will default to 3 times the standard points on Airline travel and 2 times the standard points on dining and hotels.

BBVA Compass Credit Card customers (other than BBVA Compass Select Credit Card customers) should refer to www.bbvacompass.com/rewards for more specific information regarding the program. Build Your Own Rewards Program subject to change or cancellation without notice.

Point Bonus Programs

Point bonus programs and categories are subject to change or cancellation at any time without notice at the sole discretion of BBVA Compass. Please refer to the specific point bonus offer disclosures (if applicable) provided with your account opening materials for details regarding point bonus programs available to your specific account with BBVA Compass.

Communications

BBVA Compass may send you a periodic statement in the mail that will tell you how many CompassPoints® you have earned and how to redeem your CompassPoints.® Compass may also email you periodically about promotional offers, point balances, and general program updates. Statements are not mailed to accounts with 100 or fewer CompassPoints. Providing periodic statements for CompassPoints is done at the sole discretion of BBVA Compass.

If you use the CompassPoints® Program Websites, we are not obligated to provide any additional communications. We also reserve the right to terminate your participation in the CompassPoints® Program at any time at our sole discretion.

Customer Service

If you have a problem or question regarding whether you earned points from a particular transaction, whether your points were properly redeemed or the status of your redemption order, or any other question regarding the Program, you can go to the Websites, call the phone numbers above, or mail to P.O. Box 680234, Marietta, GA 30068-0004.

If you choose to contact us by e-mail, send your full name and address and the issue. Do not send your card number or other personal financial information by e-mail.

If you contact us regarding an error or mistake with respect to your CompassPoints® account, we will use reasonable efforts to investigate and correct the error or mistake, subject to the limitations set forth in these terms and conditions. In any event, you must notify us within 60 days of the posting date or the date of the alleged error or mistake in order for us to undertake an investigation of the matter. We may require you to provide written confirmation of the alleged error or mistake. If we do not receive the requested written confirmation at the address and within the time frame requested by us, we may in our sole discretion determine not to correct the alleged error or mistake. If we complete our investigation of the alleged error or mistake and notify you of our determination, we have no further responsibilities should you later reassert the same alleged error or mistake. All questions or disputes regarding the Program, including eligibility, earning points, or redemption of points for CompassPoints®, will be resolved by us in our sole discretion.

Canceling Program Participation

You may cancel your participation in the Program at any time by calling 1-87-REWARDS1. Your point total in CompassPoints® will be forfeited and cannot be transferred to another CompassPoints® account. Any negative point balance will carry over to another CompassPoints®account that may be set up at a later time for the same card account.

Disclaimers/Limitations

Any and all taxes on points, accommodations, or services in connection with the CompassPoints® Program are the responsibility of the cardholder. Please consult with a tax advisor concerning any income or other tax consequences that may be related to CompassPoints® Neither BBVA Compass, BreakAway Loyalty, nor any of our agents shall be liable for any bodily harm and/or property damage that may result from your participation in the Program, redemption of Points, or for the performance by any airline for transportation services or any other type of goods or services whatsoever provided or to be provided through the Program. We do not endorse, guaranty, or warrant the goods and services offered by any airline, cruise provider, lodging establishment, or any other travel vendor, retailer, or other type of service or product suppliers participating in the Program. To the fullest extent permitted by law, we and BreakAway Loyalty hereby specifically disclaim any representations or warranties, express or implied, regarding the Program, Points, travel rewards, and any products or services, including any WARRANTY OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE or implied warranties arising from course of dealing or course of performance.

Termination or Changes to the Program

We reserve the right to terminate the Program or to change the Program rules, benefits, or points levels, in whole or in part, at any time with or without notice, even though changes may affect your ability to use accumulated points. Your continued participation in the Program after any change shall be deemed to be your acceptance of any such change. If you do not agree to any change of this Agreement, you must immediately cease participation in the Program. The accumulated Points do not entitle you to any vested rights with respect to points, credits, rewards, or benefits. We will attempt to give advance notice to you before terminating or making changes to the Program, unless immediate changes are required by law or by other circumstances beyond our control.

This CompassPoints® Rewards Program is void where prohibited by federal, state, or local law.

Privacy

All information collected in connection with the Program is subject to our privacy policy, a copy of which was given to you with your account and which you can get from us online at www.bbvacompass.com/rewards.

18. Simple Cash Back℠ Terms and Conditions

The BBVA Compass Simple Cash Back and merchant campaign program (the “Program”) permits Wallet Service users to receive offers for Rewards to be provided by Participating Merchants through the Wallet Service, as described below. BBVA Compass reserves the right to disqualify Wallet Service users who violate the following terms or any Program terms presented within the Wallet Application, as they may be changed from time to time. We do not share individually identifiable information with merchants as part of the Program, and you may choose to opt-out of receiving offers for Rewards as provided in “Your Right to Opt-Out” below.

Definitions:

  • “Participating Merchant” means any seller of goods or services who offers or makes available Rewards through the Program.
  • “Program” means the BBVA Compass Simple Cash Back program, as modified or amended from time to time, whereby Wallet Service users may receive and activate offers to earn cash rewards, discounts, or other incentives from Participating Merchants by using the BBVA Compass Check Card or Credit Card linked to a Qualifying Account to purchase goods or services from the Participating Merchants. The Program may be provided directly by the Bank or indirectly through a Service Provider.
  • “Qualifying Account” means any BBVA Compass deposit account or BBVA Compass credit card account you own and is eligible, as determined by us in our discretion, to participate in the Program or to which or through which Rewards are offered, made available or credited.
  • “Qualifying Purchase” means a purchase made with a BBVA Compass Check Card or Credit Card issued to a Qualifying Account that meets the terms and conditions of an active Reward offer you have received through the Wallet Service.
  • “Reward” means any cash reward, discount, or other incentive made available, offered, or credited to you, or accepted or received by you, through the Program.

Terms and Conditions:

  • Enrollment. Qualifying Accounts will be automatically enrolled in the Program. There is no charge for participating in the Program at this time. If we determine to charge fees in the future, we will notify you as provided in these Terms of Use before we begin charging any fees for participation in the Program.
  • Your Right to Opt-Out. Receiving offers for rewards as part of the Program is optional, and you may choose to opt-out of receiving offers for Rewards at any time. To opt-out, you must sign in to Online Banking and follow the opt-out instructions provided within the Program section of Online Banking. If you opt-out, you will not receive any further Program offers, and you will not earn any Rewards on purchases you made after you opt-out, even if you were provided with an offer prior to opting-out.
  • Earning Rewards. Some offers require activation in the Wallet Application before Rewards can be earned. To earn any Reward offered through the Program, you must use the BBVA Compass Check Card or Credit Card associated with the Qualifying Account that received the offer to make a Qualifying Purchase. You may earn a Reward from Participating Merchants based on the total amount of a Qualifying Purchase, the number of transactions, or other criteria as specified in the offer. The amount of any Reward available and any specific terms and conditions related to a particular offer will be included in the offer. However, in general, a Reward will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types. Rewards are credited only on Qualifying Purchases. We reserve the right to determine, in our sole discretion, whether a particular BBVA Compass Check Card or Credit Card transaction is a Qualifying Purchase. If you return the goods or services purchased with your BBVA Compass Check Card or Credit Card, you may not earn a Reward for such purchase. Subject to different terms and conditions that may apply to a specific offer, Qualifying Purchases can be made online, at a store location, or by telephone. You will not earn any Reward as part of this Program if you are using a non-BBVA Compass debit card/credit card or any method of payment other than the BBVA Compass Check Card or Credit Card for the Qualifying Account that received the offer. A Participating Merchant may withdraw any unactivated Reward offer at any time. No Participating Merchant has any obligation to repeat or re-offer any Reward. Participating Merchants may join and leave the Program at any time and leave from time to time.
  • Receiving and Redeeming Rewards.
    • We will credit any cash back Reward earned to your Qualifying Account upon receiving payment of that Reward from the Participating Merchant, which generally is one month following the month a Reward is earned. For specific information regarding Rewards earned, you may visit the Program section of Online Banking. Since we don’t share your personal information with merchants as part of the Program, we cannot credit your Qualifying Account immediately at the time a Qualifying Purchase is made. 
    • When you earn a Reward that must be redeemed at a specific merchant, we will add the Reward to your total available rewards at that merchant within a reasonable period of time after your Qualifying Purchase.  Offer terms will specify when the Reward can be redeemed and Rewards may not be redeemable immediately. These types of Rewards can only be redeemed through the notifications received via the Wallet Application and may be redeemed at the Participating Merchant that made the offer. When you redeem one of these Rewards, you will receive an account credit to your Qualifying Account for the amount of the Reward.
    • In the event that you have made a Qualifying Purchase for which you did not receive the Reward or if you believe the amount you received is incorrect, please contact BBVA Compass as provided in these Terms of Use. We will attempt to resolve your dispute, but the Participating Merchant (not BBVA Compass) may be solely responsible for the payment of the Reward offered through the Program, as described more fully below in “Disputes with Participating Merchants.”
  • Taxes and Fees. It is your responsibility to determine what, if any, taxes apply to any Rewards you may earn or receive through this Program and you will be solely responsible for any federal, state, or local taxes resulting from any Rewards earned or received by you. In the event any Reward is subject to any fulfillment, redemption or other incidental fees or charges, you will be solely responsible for such fees and charges.
  • No Rewards if Account Closed or Not in Good Standing. If your Qualifying Account is closed for any reason prior to the crediting of any earned Reward to your Qualifying Account, or if your Qualifying Account is otherwise not in good standing or unable to receive credits, such Reward will be forfeited in its entirety, and neither we nor the Participating Merchant shall have any liability to you as a result thereof.
  • Program Void Where Prohibited. The Program is void where prohibited by federal, state, or local law. Rewards may not be valid where restricted by federal, state, or local law, and we shall have no liability to you whatsoever in the event any applicable law invalidates any Reward.
  • Exclusions of Warranties. PARTICIPATING MERCHANTS ARE NOT AFFILIATED WITH BBVA COMPASS OR ANY OF ITS AFFILIATED COMPANIES. WE DO NOT MAKE, AND WE HEREBY DISCLAIM, ANY REPRESENTATION, WARRANTY, OR ENDORSEMENT (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO ANY AND ALL PARTICIPATING MERCHANTS AND ANY AND ALL OF THEIR RESPECTIVE GOODS AND/OR SERVICES.
  • Disputes with Participating Merchants.
    • About goods or services – If you have any claim against or dispute with any Participating Merchant concerning goods or services purchased from the Participating Merchant, you agree to resolve such claim or dispute directly with the Participating Merchant. You agree that we shall have no liability whatsoever arising out of such claim or dispute, and you agree not to involve us in such claim or dispute.
    • About Rewards – Participating Merchants are solely responsible for establishing the terms and conditions for Reward offers, and you are solely responsible for complying with such terms and conditions as necessary to earn and receive Rewards from Participating Merchants. In some cases, Participating Merchants are solely responsible for the payment of the Reward offered through the Program. You acknowledge and agree that BBVA Compass assumes no responsibility for, and shall have no liability to you for the payment of any Reward for which a Participating Merchant is solely responsible.
    • About charges on your BBVA Compass Check Card or Credit Card – If you have any dispute with any Participating Merchant concerning a charge on your BBVA Compass Check Card or Credit Card, you must report that dispute to us as provided in a separate agreement for your Check Card or Credit Card, not the Error Resolution provisions of these Terms of Use.
  • Limitation of Liability. You agree that BBVA Compass shall have no liability to you for, and you hereby absolutely and unconditionally release and discharge us, our affiliates, and the respective officers, directors, shareholders, agents and employees of both, from any and all losses, costs, suits, damages, claims, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising from or related in any way to (i) the Program, (ii) the performance or non-performance by any Participating Merchant of any of its obligations related to any Reward (including, without limitation, the payment of any Reward), and/or (iii) any goods or services purchased or otherwise obtained by you from any Participating Merchant and/or any act or omission by any Participating Merchant in connection with any transaction between you and any Participating Merchant. In the event you are dissatisfied in any way with respect to the Program, or any transaction with a Participating Merchant, your sole and exclusive remedy as between you and us shall be to opt-out of receiving offers for Rewards.
  • Third Party Websites. In connection with the Program, we may provide links to the websites of Participating Merchants or other third parties (any such website, a "Third Party Website"). We do not own, operate, control or maintain Third Party Websites, and any links to such websites are provided strictly for your convenience. If you click a link for a Third Party Website, you will be leaving the Wallet Application and entering the Third Party Website. We (i) do not control nor are we responsible for the content, products and/or services provided by or through any Third Party Website, (ii) do not endorse or guarantee the products, information, or recommendations provided by or through any Third Party Website, and (iii) are not liable for any failure of the products or services advertised on or provided by or through any Third Party Website. The privacy and information-sharing and security policies and procedures of Third Party Websites are separate and distinct from our policies and procedures, and a Third Party Website may not be as secure as our website.
  • Frequently Asked Questions. Any frequently-asked-questions and other informational material regarding the Program that is published at our website (collectively, "FAQs") constitute a part of these Program terms and are incorporated herein by reference; provided, that in the event of a conflict between such FAQs and the Program terms set forth herein, the terms set forth herein shall govern and control.
  • Termination; Changes to the Program. We reserve the right to suspend or terminate the Program or to change the Program’s terms, in whole or in part, at any time with or without notice, even though changes may affect your ability to earn Rewards. If notice is given, it will be given to you in accordance with these Terms of Use. Your continued participation in the Program after any change shall be deemed to be your acceptance of any such change. If you do not agree to any change of these terms, you must immediately cease participation in the Program. We will attempt to give advance notice to you before terminating or making changes to the Program, unless immediate changes are required by law or by other circumstances beyond our control.

19. Payments to Credit Lines

Subject to the following terms and conditions (collectively, this “Section”), you may use this Service to make payments on your BBVA Compass credit card account or any other BBVA Compass loan or line of credit for which we make this Service available. Payments through this Service will be made using funds debited from an account for which this Service is available through the system described below.

  • Definitions:
    • “Credit Line Account” means your BBVA Compass credit card account, your BBVA Compass home equity line of credit account, or any other BBVA Compass loan or line of credit for which we make this Service available.
    • “Service” means this payment service offered by BBVA Compass, which may be provided either directly by the Bank or indirectly through the Bank's service provider.
    • "Business Day" means every Monday through Friday, excluding all holidays recognized by the federal government.
    • "Due Date" means the date on which the payment on your Credit Line Account is due, as shown on the statement for your Credit Line Account. The Due Date is not the date on or after which this payment is considered late.
    • "Credit Line Payment Account" means your account from which the payment for your Credit Line Account will be debited.
    • "Credit Line Payment Account Information" means the account number and routing number for each Credit Line Payment Account.
    • "Payment Instruction" means the information you provide through the Service regarding a payment to be made on your Credit Line Account by debiting your Credit Line Payment Account (such as, the payment amount, the Scheduled Payment Date, and your designation of the Credit Line Payment Account to be used for that payment).
    • "Scheduled Payment" means a payment that has been scheduled through the Service.
    • "Scheduled Payment Date" means the date included in your Payment Instruction as the date on which you want your Credit Line Account to be paid.

Terms and Conditions:

We may offer you the option to use the Service to make one-time or recurring payments on your Credit Line Account using funds debited from your Credit Line Payment Account, subject to the following restrictions and conditions:

  • Limitations on Payment Amounts. The Bank reserves the right to limit the frequency and dollar amount of payments on your Credit Line Account.
  • Bank's Right to Refuse Certain Payment Requests. The Bank may refuse to honor any payment requests that reasonably appear to the Bank to be fraudulent, unauthorized, erroneous, illegal or prohibited under these Terms of Use, or as otherwise permitted by law, and the Bank shall have no liability for its refusal to honor these payment requests.
  • Payment Scheduling. If we receive your Payment Instructions on a Business Day before the cutoff time displayed in the Wallet Application for this Service (the "Cutoff Time"), your payment will be credited as of that day. If we receive Payment Instructions for a same-day payment after the Cutoff Time on a Business Day or on a day that is not a Business Day, then your payment will be credited as of the next Business Day. Future-dated payments will be credited as of the Scheduled Payment Date if that day is a Business Day or, if the Scheduled Payment Date is not a Business Day, as of the first Business Day following the Scheduled Payment Date. It is your responsibility to submit your Payment Instructions far enough in advance to assure that we have sufficient time to receive and process your Payment Instructions by your Scheduled Payment Date. You are responsible for any late charge, finance charge, penalty or default or other consequence that may result from your submitting Payment Instructions after the Cutoff Time or on a on a day that is not a Business Day. Please Note: The posting date of the payment may be different than the crediting date.
  • Your Authorization. By submitting Payment Instructions through the Service, you authorize and direct this Service to debit your Credit Line Payment Account according to your Payment Instructions and to apply the debited funds as a credit to your Credit Line Account. You represent and warrant that you are a named owner of each Credit Line Payment Account, you have all necessary legal right, power and authority to debit funds from each Credit Line Payment Account, and each Credit Line Payment Account is located in the United States.
  • Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss or damage (including attorneys fees) incurred in connection with any claim or demand by any third party that arises from or relates to your breach of this Section and/or your use of this Service.
  • Reliance on Your Payment Instructions. You understand and agree that we will not verify the terms of any Payment Instructions you submit through this Service. You are solely responsible for the accuracy and completeness of all information provided to us about each Scheduled Payment, including without limitation your Credit Line Payment Account Information. You authorize us to process each Scheduled Payment in accordance with your Payment Instructions, and agree that we shall have no responsibility for any erroneous information you provide and no liability for any losses you may suffer that arise from or relate to any erroneous information you provide in connection with any Scheduled Payment. If your right to debit a Scheduled Payment from a Credit Line Payment Account is disputed for any reason, any payment applied to your Credit Line Account may be reversed without notice to you.
  • Changes to Credit Line Payment Account. Any change in the selection of your Credit Line Payment Account must be made according to the instructions provided through the Service. Any changes you make to a Credit Line Payment Account may become effective immediately for scheduled and future payments, but will not apply to any payment that has begun processing at the time of your change. The Bank shall have no liability for any payment processing errors or any fees you may incur if you do not provide accurate information about the Credit Line Payment Account.
  • Returned Debits. You understand that the debits to be made from your Credit Line Payment Account may be returned unpaid for a variety of reasons, including, but not limited to insufficient funds in the Credit Line Payment Account, and your failure to provide correct information to the Service about your Credit Line Payment Account. The Service has the right but not the obligation to correct any obvious errors you may have made in identifying the Credit Line Payment Account, and then to resend the corrected debit. The Bank shall have no liability for any returned debits that were sent according to your Payment Instructions, and you accept full responsibility for any fees you may be charged to your Credit Line Account or your Credit Line Payment Account in connection with the return of any such debit.
  • Stopping a Scheduled Payment. You may stop or edit any Scheduled Payment (including recurring payments) that has not begun processing by following the directions within the Service. There is no charge for stopping or editing a Scheduled Payment that has not begun processing. Once the Service has begun processing a Scheduled Payment, you cannot stop or edit the Scheduled Payment.

20.   Mobile Location Confirmation Service

The Service: The Mobile Location Confirmation service (“MLC”) helps to reduce the likelihood that we will mistakenly decline a transaction when you are transacting outside your normal purchasing areas. MLC uses location updates sent by your mobile device to help us know the difference between fraud and legitimate transactions. Once you enroll, your device will send location updates anytime you are connected to a cell or Wi-Fi network and location services are turned on for your device.

Enrollment and Un-Enrollment: You may choose to enroll or un-enroll at any time by using the Wallet Application. If you un-enroll, your device will not send any location updates in conjunction with MLC. If you choose to un-enroll from MLC, it will not turn off any other location based service offered through the Wallet Application. If you are enrolled in MLC and your Payment Card is lost, stolen, or expires and you receive a replacement card with a different account number, we will automatically enroll the replacement card in MLC.

Location Updates: When you enroll in MLC, you agree to allow your mobile device to automatically send location updates. Each location update contains a device identifier a timestamp, the event that triggered the location update such as a cell tower change or connection to a Wi-Fi network, and a latitude and longitude which represents the approximate location of your mobile device. This approximate location may be derived from the location of the cell phone tower to which your device is connected, the locations of Wi-Fi networks in the area of your device, or the location of your device. On occasion, if you have GPS turned on, your device’s GPS coordinates may be sent. Location updates sent from your device will not distinguish whether the location sent was of a cell tower, Wi-Fi connection point, or an individual device. The location updates are sent to us and to one or more service providers who help to provide MLC and are contractually obligated to follow our policies.

Frequency: Your device may send a location update each time your mobile device either switches from one cell tower to another or connects to a Wi-Fi network. To reduce the number of location updates sent from the device, the Wallet Application automatically filters out certain updates. Which updates are filtered depends on the movement of the device, the amount of time since the last location update, and whether or not a “Home Area” has been established for the device.

Home Area: After you enroll, it takes two weeks to establish the Home Area of your device. This Home Area is a circular region with a 50 mile radius centered around where your mobile device is most commonly located. As long as your device remains within the Home Area, location updates will generally be sent no more than once every 24 hours. If your Home Area is not yet defined, if your Home Area is being re-validated, or if your device is outside of the Home Area, location updates will be sent more frequently, particularly when the device is in transit. Your Home Area will be re-validated once every 6 months or if you do not return to your previously defined Home Area after more than 30 days. If you un-enroll in MLC through your mobile app, your Home Area will be purged. If you later re-enroll, it will be necessary to re-establish a Home Area. If your mobile device is most typically located less than 50 miles from a national border, your Home Area will have a radius of less than 50 miles, with the radius equaling the distance to the national border.

Limited Use of Data: BBVA Compass and our service providers will use location update data for fraud screening and to improve fraud screening services. We will not share personally identifiable location update data with any third party without your consent, except to comply with court orders, valid legal process such as a warrant or subpoena, and other legal requirements. The Wallet Application may use data you have provided through the app apart from MLC in other ways described by these Terms of Use.

Data Retention: BBVA Compass and our service providers may store location update data for a maximum of 18 months, except as required to comply with court orders, valid legal process such as a warrant or subpoena, or other legal requirements. If you choose to un-enroll, BBVA Compass and our service providers will delete any location data stored for your device after a reasonable period of time to process your request.

Charges and Fees: You are solely responsible for acquiring any hardware, devices, software, wireless and Internet access, and/or other items required in connection with your enrollment in MLC, and any associated fees, expenses, taxes, or other charges, including but not limited to any mobile data and roaming fees.

Proprietary Rights: All ownership rights in MLC are retained by BBVA Compass and our service providers and protected under applicable intellectual property laws and international treaties. All rights not expressly granted to you through these Terms of Use are retained by BBVA Compass and our service providers. Nothing in these Terms of Use grants to you any right to use any trademarks, service marks, logos or other indicia of origin of BBVA Compass or our service providers.

Changes to MLC: We may, in our discretion, terminate, change, modify, suspend, make improvements to, or discontinue any or all aspects of MLC, temporarily or permanently, including the availability of any service, at any time with or without notice to you. You agree that BBVA Compass and our service providers shall not be liable to you or to any third party as a result of taking any of these actions.

Disclaimer of Warranties/Limitation of Liability: MLC, IN WHOLE AND IN PART, INCLUDING ALL SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF MLC, AND THE RESULTS AND PERFORMANCE THEREOF.

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING NEGLIGENCE, SHALL BBVA COMPASS OR ITS SERVICE PROVIDERS OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, CUSTOMERS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "PROVIDERS") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH MLC AND/OR THESE TERMS OF USE, EVEN IF A PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) YOUR USE OF OR INABILITY TO USE MLC FOR ANY REASON; (II) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH MLC; (III) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS, DATA OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH MLC; (IV) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (V) ANY OTHER USE BY YOU OF MLC. IN ADDITION, THE PROVIDERS SHALL NOT BE LIABLE IF MLC CANNOT (OR ANY PART THEREOF) CANNOT BE PROVIDED OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THESE TERMS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT, TRANSMISSION OR DELIVERY PROBLEMS, OR ANY INDUSTRIAL DISPUTE, WAR, NATURAL DISASTER, ACT OF TERRORISM, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROVIDERS’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE PROVIDERS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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: www.bbvacompass.com/online-banking/wallet-es to view the Spanish version.


BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC. 

Rev. 04/2017