BBVA Compass ClearSpend Card Application (“ClearSpend App”) 
And Website Terms of Use Agreement (“Terms of Use”)

PLEASE READ THE TERMS OF THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE BBVA COMPASS CLEARSPEND APP, BECAUSE BY DOWNLOADING OR USING THE CLEARSPEND APP YOU WILL HAVE INDICATED YOUR ACKNOWLEDGEMENT AND AGREEMENT TO EACH TERM, CONDITION, AND DISCLAIMER IN THIS TERMS OF USE AGREEMENT. The Terms of Use, the ClearSpend Terms and Conditions, the ClearSpend Application Privacy Policy (“Privacy Policy”) and those additional terms agreed to upon registration for a ClearSpend account are collectively referred to as the “Service Agreements.” By accessing and using the ClearSpend App or website, you agree to be subject to and governed by the Service Agreements.

The Terms of Use Agreement and Privacy Policy include, among other things:

  • Our obligations to you;
  • Your obligations as a user of the ClearSpend App or Website;
  • The ways in which we may send you notices and disclosures and other communications;
  • YOUR AGREEMENT WITH US TO USE BINDING ARBITRATION FOR MOST DISPUTES ARISING UNDER THIS AGREEMENT OR CONCERNING CLEARSPEND 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.

1. General Terms of Use

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

Your use of the ClearSpend 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.

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 TERMS AND CONDITION FOR THE BBVA COMPASS CLEARSPEND CARD 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 ClearSpend App menu.

2. Eligibility for ClearSpend Application Use

  • Technical Requirements
    • In order to access the ClearSpend Service, you must have (i) a handheld device, computer or other streaming device that can send and receive information using the technology that supports this ClearSpend Service (an “Eligible Device”) and (ii) all information required to enroll, which will be described in the ClearSpend App at the time of enrollment. The ClearSpend App 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 ClearSpend App Service at any time.
  • 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 ClearSpend Service. You represent, warrant and covenant that: a. you are of Legal Age under applicable state law or have the consent required to use the ClearSpend Service, and you are a U.S. citizen or are physically present in the United States as you access the ClearSpend App; and, b. you otherwise have the competency and capacity and authority necessary to enter into the Terms of Use.
    • Eligible ClearSpend Card/Account Required. In order to use the ClearSpend Service, you must have and be the owner of an eligible ClearSpend account or be an authorized user of the account.

3. No Amendment of Existing Terms and Conditions

The Terms of Use do not amend, change or replace any other notices or information that you may receive in connection with your BBVA Compass ClearSpend Card account, including, without limitation, any information provided to you on your periodic statement or your agreement with BBVA Compass governing your ClearSpend Card (“Terms and Conditions”) which you can access here. In case of any conflict between the Terms of Use and your Terms and Conditions, the Terms and Conditions for your ClearSpend Card Account shall control.

4. ClearSpend Services

With the ClearSpend Service, you may use your Eligible Mobile Device to access your ClearSpend Card(s) that are made available to you through, or that you request be added to, the ClearSpend App, and you may use your Eligible Device to (i) view account data, including balances and recent transactions for each ClearSpend Card, if applicable; (ii) manage ClearSpend Cards, including activation or blocking of a Card; (iii) receive push notifications; and (iv) access additional services that may be available through the ClearSpend App.

5. Push Notifications via the ClearSpend App

When you are logged into the ClearSpend App, you may receive a message asking if you would like to allow push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to your Eligible Mobile Device. Push notifications can be delivered whether or not you are currently logged-in to and/or using the application and whether or not your Eligible Mobile Device is in locked and/or in sleep mode. The following are examples of the types of push notifications we may send, depending on your Card account and/or your preferences:

  • Fraud-related notifications, which may ask you to verify certain transactions and include details of such transactions, such as merchant name and transaction amount;
  • Debit-related notifications, which may include transaction details such as merchant name, transaction amount and information regarding declined debit transactions, if any; and/or,
  • Other information related to your account

BBVA Compass does not charge a fee for sending push notifications, but fees may be imposed by your carrier or service provider depending on your data plan. If you do not wish to receive push notifications from us, click “Don’t Allow” or other similar button when prompted. If you allow push notifications from us but later decide you no longer want to receive them, you can adjust your settings in the ClearSpend App menu, or turn them off through your device notifications settings.

6. Usage Fees and Charges

BBVA Compass does not currently charge you for the ClearSpend Service or downloading the ClearSpend App. 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 ClearSpend Service. You agree to pay any applicable fee that is based on your usage of a particular Service.

7. Use, Management, and Security

  • Use and Management.
    • We may place restrictions and limits on the use and management of the ClearSpend App and ClearSpend Services, including: enrollment, login and PIN requirements; who may access the Account on the ClearSpend Application; 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.
  • Reporting Unauthorized Use and Loss or Theft.
    • You are responsible for maintaining the security of your Eligible Mobile Device and any ClearSpend Service management information, such as enrollment, login and PIN information, that you have created for the purpose of accessing the ClearSpend Service. You are responsible for all transactions you or any other person initiates or authorizes using the ClearSpend Service. If you allow any person to obtain or to use your ClearSpend Service or management information, you will have authorized that person to access your Account and other ClearSpend Services, and you agree that you will be bound by any agreements that person accepts or acknowledges electronically through the ClearSpend Service.
    • Under this agreement, we shall not be liable for unauthorized use of your Account. Your liability for unauthorized use of your Account remains subject to the Terms and Conditions of the ClearSpend Card Account. In the event of any suspected or actual (i) unauthorized use of ClearSpend Services or (ii) loss or theft of your Eligible Mobile Device, you agree to immediately notify us. Call us at: 1-866-236-7967, Log In to the ClearSpend Website, or write to us at:

Visa Inc. 
Cardholder Support Services 
P.O. Box 636001 
8910 S. Ridgeline Blvd. 
Highlands 
Birmingham, AL 35296

8. ClearSpend Application License and Content

  • License. You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to install and use the ClearSpend App and ClearSpend Services only on an Eligible Device that you own or control, solely for your personal use and as expressly permitted herein. ClearSpend Services are provided in our sole discretion and may include access, management, and use of the ClearSpend App and Services to: add/remove Authorized Users, view account data, and otherwise manage ClearSpend Cards.
  • Permitted Uses. You may use the ClearSpend App and the information, images and/or other works that you see, hear or otherwise experience on the ClearSpend App and ClearSpend Services solely for your non-commercial, personal purposes and/or to learn about the ClearSpend 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.
  • Prohibited Uses. Without limiting the generality of any restriction on the use of ClearSpend 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 ClearSpend App and ClearSpend Services, (ii) use the ClearSpend App and ClearSpend Services to send altered, deceptive or false source-identifying information, (iii) use the ClearSpend App and ClearSpend 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 ClearSpend App and ClearSpend Services by other users, (v) access, monitor or copy any content on or in the ClearSpend App and ClearSpend 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 ClearSpend App and ClearSpend Services, (vii) overload or crash the ClearSpend App and ClearSpend Services, (viii) take any action that might compromise the security of ClearSpend App and ClearSpend Services, (ix) render the ClearSpend App and ClearSpend Services inaccessible to others or otherwise cause damage to the ClearSpend App and ClearSpend 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 ClearSpend App or ClearSpend 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 ClearSpend App or ClearSpend Services, or (xiv) attempt any of the forgoing.
  • Links to Third-Party Websites. Links in the ClearSpend App and access to third-party websites and information (e.g., links contained in any notification feature of ClearSpend Services) are provided solely as a convenience to you. If you use these links, you may leave the ClearSpend App. 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 ClearSpend App, and will be subject to the terms of use and privacy policy applicable to such third-party websites.

9. 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.

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

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 CLEARSPEND APP OR WEBSITE, (C) ANY MISTAKE BY A PARTICIPATING MERCHANT, INTERNET/WIRELESS SERVICE PROVIDER, PAYMENT PROCESSOR OR OTHERWISE IN CONNECTION WITH YOUR COMPLETING A TRANSACTION OR MAKING A PAYMENT, (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, OR (F) ANY FAILURE OF YOUR ELIGIBLE DEVICE OR ANY EQUIPMENT NECESSARY TO ENABLE THE CLEARSPEND SERVICES.

11. Intellectual Property Rights

  • Intellectual Property. You acknowledge and agree that BBVA Compass and/or our licensors own all legal right, title and interest in and to the ClearSpend Services, including any trademark, copyright, patent, trade secret and other intellectual property rights which subsist in the ClearSpend Services and any collateral and related materials we may distribute in connection with the ClearSpend 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 ClearSpend 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.
  • 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 ClearSpend Services, (ii) copy, translate, publish or create derivative works of the ClearSpend App or any applicable component of the ClearSpend Services, (iii) resell, distribute, trade or make any other commercial use, modify, reverse engineer, decompile or disassemble the ClearSpend App or any applicable component of the ClearSpend Services, or (iv) use the ClearSpend Services for illegal or fraudulent purposes. You further agree to use the ClearSpend Services for purposes that are permitted by these Terms of Use and in accordance with applicable law and regulation.
  • Digital Millennium Copyright Act (DMCA) Notice. If you believe that material available through the ClearSpend 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.

12. Modifications

We reserve the right to revise this Terms of Use at any time. Upon modification, we will inform 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 ClearSpend Services. Any change shall apply upon the effective date of the change and will apply only to your future use of the ClearSpend Services. Your continued use of the ClearSpend App or Website constitutes your continued agreement to the terms and conditions herein.

13. Your Acts and Omissions

You are solely responsible for your acts and omissions in connection with your use of the ClearSpend 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 ClearSpend 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 ventures, business partners, licensors, employees, agents, and any third parties that support the ClearSpend 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 ClearSpend Service or content, or any violation by you of this Agreement or applicable law.

14. 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 CLEARSPEND 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 CLEARSPEND 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 CLEARSPEND 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 CLEARSPEND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. IF YOU ARE DISSATISFIED WITH THE CLEARSPEND APP, THE CLEARSPEND SERVICE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLEARSPEND SERVICE.

IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE CLEARSPEND SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE CLEARSPEND SERVICE (OR ANY DATA STORED IN OR TRANSMITTED THROUGH THE CLEARSPEND 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 CLEARSPEND SERVICE OR PROVIDE THE CLEARSPEND 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 CLEARSPEND SERVICE EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE NUMBER OF CLAIMS.

15. Termination

The license granted hereunder is effective until terminated by you or BBVA Compass. Your rights granted hereunder will terminate automatically without notice from BBVA Compass if you fail to comply with any term(s) of Service Agreements. Upon termination of the license, you must cease all use of the ClearSpend App or ClearSpend Service, and destroy all copies, full or partial, of the ClearSpend App.

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 ClearSpend 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 ClearSpend Service, or your access to the ClearSpend 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 ClearSpend Service or your access to the ClearSpend 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 ClearSpend Service.

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

The preamble and Sections 1, 7, 9, 10, 11, 13, and 14 shall indefinitely survive any termination of these Terms of Use.

16. Miscellaneous Provisions

  • Entire Agreement. The Terms of Use contain the entire agreement between you and BBVA Compass pertaining to your use of the ClearSpend Service, and expressly exclude any writings, representations, agreements or understandings not specifically captured or contained herein, whether written or oral.
  • 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 ClearSpend Account was opened, without regard to the conflicts of laws rules of that state or territory.
  • 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.
  • 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.
  • Interpretation. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
  • 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.
  • 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 ClearSpend 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 ClearSpend service related calls, but not for telemarketing or sales calls. It may include contact from companies working on behalf of us to service the ClearSpend App or any component of the ClearSpend Service. Message and data rates may apply. 
    If your Device is a smartphone, once you download the ClearSpend App, 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.

17. Privacy Policy and Collection and Use of Data

We may, in accordance with the BBVA Compass ClearSpend Service 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 ClearSpend 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 ClearSpend Service.

A Spanish version of this document is available as a courtesy to our clients who use Spanish as their primary language. Although Compass Bank has taken every precaution possible to translate the original document correctly, the Spanish translation is only a courtesy to our clients. Please take note that all official documents from Compass Bank will be in English only. Please visit: http://www.bbvacompass.com/disclosure/online-banking/clearspend-terms-of-use-es.html to view the Spanish version.