BBVA Compass net cash Terms of Use for Co-Browse Service

Effective date: October 5, 2017

BY CLICKING "I AGREE" OR OTHERWISE ACCESSING OR USING THE CO-BROWSE SERVICE ("Service"), YOU ARE AUTHORIZING BBVA COMPASS ("BBVA COMPASS") AND BBVA COMPASS CLIENT SERVICES REPRESENTATIVES ("CSR") TO VIEW WITH POINTING BUT NOT CLICKING ACCESS YOUR COMPUTER (WITH NO RESTRICTICTIONS REGARDING APPLICATIONS, DOMAINS, DATA FIELDS, DESKTOP, SCREENS OR CONFIGURATIONS) USING THIRD-PARTY SOFTWARE AND SERVICES (COLLECTIVELY, THE " SERVICE"), AND YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE, EFFECTIVE ON THE DATE YOU AGREE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU SHOULD IMMEDIATELY CLOSE THIS WINDOW AND THE BROWSER WINDOW CONTAINING THESE TERMS OF USE. YOU MAY END YOUR CURRENT USE OF THE SERVICE AT ANY TIME BY CLOSING YOUR BROWSER WINDOW OR BY CLICKING THE " DISCONNECT" BUTTON.

1. About the Service.

Through the Service, BBVA Compass and its CSRs are able to view with pointing but not clicking your computer (with no restrictions regarding applications, domains, data fields, desktop, screen or configurations) along with you, in order to provide you with live assistance to address your customer service inquiry. You acknowledge that the Service is provided to you by BBVA Compass, its affiliated companies, its vendors, or a combination of these entities. CSRs will have full and complete access through the Service to view with pointing but not clicking access to your desktop. You may end your current use of the Service at any time by clicking the "DISCONNECT" button or closing your browser window. Your current co-browse session will automatically be terminated at the end of your call with a CSRs if neither you nor the CSRs ended the session prior to ending your call. 

2. Authority and Capacity.

By using the Service, to the extent you are accessing or using the Service for your company, you represent, warrant and covenant that you have the power, authority and capacity to act on behalf of your company and that your actions are and shall be deemed to be authorized actions on behalf of your company. 

3. Your Use of the Service.

You agree to only use the Service with the interfaces and servers provided on or through the Service. You agree to only use the Service in accordance with these Terms of Use and applicable laws and regulations. You agree not to use the Service to the extent doing so would result in your breach of an obligation to a third party (e.g. your company prohibits use of such a service on its equipment or through its network). You agree that BBVA Compass is under no obligation to validate any or third-party card or other information that you provide while using the Service. 

4. Additional Terms.

In addition to these Terms of Use, your use of the Service, and any information collected from or about you during or through your use of the Service, is subject to the BBVA Compass privacy policy . 

5. Third Party Software, Hardware and Services.

You (and not BBVA Compass) are responsible for all your and any third-party software, hardware and services used in connection with the Service. Any third-party software, hardware or services (whether required or optional) that you use in conjunction with the Service, are the sole responsibility of you and/or such third party, and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not these Terms of Use. 

6. Changes to the Service/Violation of Terms of Use.

You agree that the form, nature, features and functionality of the Service may change from time to time, on both a continuous and intermittent basis, without prior notice to you. BBVA Compass may suspend or discontinue the Service at any time in our sole discretion. If BBVA Compass has reason to believe you have violated these Terms of Use or any applicable law or regulation, BBVA Compass may refuse you access, or suspend or terminate your access, to the Service or any of its resources without notice and/or take other remedial actions.

7. Unauthorized Access/Use and Fraud Investigations.

To the extent your use of the Service requires a username, password or other account information or credentials for access, you are solely responsible for all activity occurring under those credentials, and are prohibited from sharing or disclosing them. Therefore, you are solely responsible for safeguarding your access credentials at all times. You should log out of your account at the end of each usage session. You may not impersonate others and you must not allow others to impersonate you or others, or otherwise use your credentials to gain access to the Service and/or your account. You must promptly notify BBVA Compass of any unauthorized use of the Service with your information or credentials or any other breach of security you become aware of involving or relating to this Service. BBVA Compass has the right to interrupt or restrict use or access to the Service, without notice to you, if BBVA Compass suspects fraudulent or abusive activity. You shall cooperate with BBVA Compass in any fraud investigation and to use any fraud prevention measures BBVA Compass prescribe. Failure to cooperate will result in your liability for all fraudulent usage.

8. Disclaimers of Warranty.

THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BBVA COMPASS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. BBVA COMPASS FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, SUITABILITY, TIMELINESS, AND PERFORMANCE OF THE LICENSED SOFTWARE. BBVA COMPASS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE. BBVA COMPASS IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CAPABILITY OR CONTENT OF ANY THIRD PARTY SITE OR CONTENT ACCESSED IN CONJUNCTION WITH THE SERVICE. THE SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BBVA COMPASS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL BBVA COMPASS BE LIABLE TO YOU ON ACCOUNT OF OUR PROVISION, OR YOUR USE OF, THE SERVICE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT ( INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, (EVEN IF BBVA COMPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTER CONNECTIVITY PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER OR YOUR ACCESS IS INTERRUPTED), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE (INCLUDING WITHOUT LIMITATION SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Changes to Terms of Use.

BBVA Compass reserves the right to revise these Terms of Use at any time. Upon modification, BBVA Compass will update the date indicated after "Last Modified" at the beginning of these Terms of Use. You should carefully review these Terms of Use each time you use the Service. If you do not agree with the current or modified terms, however, you must immediately cease using the Service. Your use of the Service after changes have been made to these Terms of Use constitutes your agreement to be bound by these Terms of Use as modified. 

11. Miscellaneous.

Your use of the Service is subject to all applicable international, federal, state and local laws and regulations. These Terms of Use and your use of the Service shall be governed by and construed in accordance with the laws of the State and applicable federal law without regard to conflicts of laws principles. BBVA Compass reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, such provision or portion shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision or portion, and the remainder of these Terms of Use will continue in full force and effect. Section headings are for reference only and shall not be used in the interpretation of these Terms of Use. These Terms of Use constitute the entire agreement between you and BBVA Compass with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by BBVA Compass. Sections 8 and 9 will survive any termination or expiration of these Terms of Use.