SIMMONS BANK VISA SECURE CREDIT CARD AGREEMENT AND DISCLOSURE
Welcome and thank you for choosing to use the Visa Secure service ("Visa Secure"). Please read this Terms of Service Agreement carefully before using Visa Secure. In this Agreement, "we," "us," or "our" refers to your Financial Institution, and "you," "your," or "yours" refers to the user of Visa Secure.
This Terms of Service Agreement supplements and is incorporated in our cardholder agreement(s) with you. In addition to this Terms of Service Agreement, Visa Secure also is subject to the Cardholder Agreement governing the card transactions for which Visa Secure is used.
1. ACCEPTANCE OF TERMS
- Visa Secure provides its service to you, subject to the following Terms of Service ("TOS") and our Cardholder Agreement with you governing the card transactions for which Visa Secure is used. The TOS may be updated by us from time to time without notice to you.
- You agree that the use of Visa Secure, will represent your acceptance of this TOS and that continued use of Visa Secure after you have been advised of revisions to this TOS shall constitute your agreement to such revised terms and any applicable posted guidelines or rules.
- Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change Visa Secure shall be subject to this TOS.
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Visa Secure (or any part thereof) with or without notice.
- Upon our request, you agree to sign a non-electronic version of this TOS.
2. YOUR CONDUCT
You agree not to:
- impersonate any person or entity using Visa Secure;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by Visa Secure;
- spam or flood the Visa Secure Website or service;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Visa Secure Website or service or the software used in connection with Visa Secure;
- remove any copyright, trademark, or other proprietary rights notices contained in Visa Secure;
- "frame" or "mirror" any part of the Visa Secure Website or service without Visa's prior written authorization;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Visa Secure Website or service or its contents;
- otherwise interfere with, or disrupt, Visa Secure or servers or networks connected to Visa Secure, or violate this TOS or any requirements, procedures, policies or regulations of Visa Secure or of any networks connected to Visa Secure; or
- intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by Visa (all of which shall constitute "Applicable Law") in connection with your use of Visa Secure.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Visa Secure.
- Under no circumstances will we be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of Visa Secure.
- We assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from, this Web site.
4. DEALINGS WITH MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through Visa Secure, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. You agree that, except as otherwise provided by Applicable Law or in our cardholder agreement with you, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that use of Visa Secure does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in Visa Secure. For example, Visa Secure does not verify the identity of the merchant or the quality of the merchant's goods or services.
5. DISCLAIMER OF WARRANTIES
You expressly understand and agree that any software obtained through the use of Visa Secure is downloaded and used at your own discretion and risk and that except as otherwise provided in this TOS Agreement, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through Visa Secure.
- EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT VISA SECURE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.