Terms of Use

Please review these Terms of Use. This is an important document. You must read it carefully and accept all of its terms and conditions before choosing to proceed. By clicking "Continue"  you are electronically  agreeing to the terms and conditions herein. IF YOU DO NOT AGREE  WITH THESE TERMS AND CONDITIONS, YOU MUST  STOP USING  THIS SITE IMMEDIATELY.

In these Terms of Use:

  • "Site" means any website or mobile application we establish to allow you to inquire about or apply for banking services and accounts with BBVA, including all web pages associated therewith.
  • "We," "us," "our" and "BBVA" mean BBVA USA, Member FDIC, a member of the BBVA Group, or any other affiliate of BBVA USA Bancshares, Inc.
  • "You" and "your" mean anyone who accesses or uses this Site.

These Terms of Use govern your use of the Site and services related to the Site. In addition to these Terms of Use, you may enter into other agreements with us that will govern specific transactions. If there is any inconsistency or conflict between these Terms of Use and another agreement you enter into applicable to a specific transaction, the other agreement will take precedence in relation to the specific aspects of the transaction to which it applies.

Your Eligibility to Use This Site

This Site is intended solely for individual users who are (i) natural persons (ii) 18 years of age or older (19 or older if you are in Alabama); (iii) residents of the United States; and (iv) residents of Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Virginia, or Washington. By using this Site, you represent that you meet these criteria and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, in our discretion, we may prohibit you from using or accessing the Site or any portion, aspect, or feature of the Site.

Wireless Operator Data

You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details, if available, to BBVA and service providers for the duration of the business relationship, solely for identity verification and fraud avoidance. See our Privacy Policy for how we treat your data.

Communications

By providing BBVA or its affiliates or agents with your phone number (including mobile), email address or other contact information, you give BBVA, its affiliates, and its agents, your permission to contact you through those means about your inquires, applications, or accounts with BBVA, including accounts you may open in the future. Your consent allows BBVA, its affiliates, and its agents, to use text messaging, artificial or prerecorded voice messages, and calls made by an automatic telephone dialing system to contact you . This express consent applies to each telephone number that you provide to BBVA now or in the future. Message and data rates may apply. You consent and authorize BBVA to monitor, and to record, telephone conversations and other electronic communications you have with BBVA and its representatives for reasonable business purposes, including security and quality assurance.

Security

If you use the Site, you agree to protect and maintain the security of your devices used for accessing the Site and for the confidentiality of your account information, including any access credentials used to access the Site. If you learn of any unauthorized use of your access credentials or account, you agree to immediately contact us. You agree that you are solely responsible for maintaining the security of your devices used for accessing the Site and for the confidentiality of your account information. You are solely responsible for any and all activity that occurs under your account as a result of your failing to keep this information secure.

Permitted Use

You agree that you will not use or attempt to use the Site for any purpose other than inquiring about or applying for banking services and accounts with BBVA. You further agree that you will not use any loan proceeds obtained through the Site for any home purchase or refinance, or home improvement. You acknowledge and agree that we may rely, without independent verification, on the accuracy, authenticity, and completeness of all information you provide. You certify that you will not use the Site in any manner that: (i) uses technology or other means not authorized by us to access the Site  information or our systems; (ii) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (iii) is unlawful, fraudulent, or deceptive; or (iv) otherwise violates these Terms of use.

Student Loans

You agree that you will not use any loan proceeds obtained from BBVA for education­ related expenses or to refinance your student loans. Examples of education-related expenses may include tuition and fees, books, supplies, miscellaneous  personal expenses, room and board.

Debt Consolidation

If you intend to refinance an existing loan with a loan obtained from BBVA, you may lose certain benefits or rights on your existing loans. The relative benefits you receive from debt consolidation will vary depending on your individual circumstances, including the interest rate and remaining term on your existing debts. Consolidating multiple debts may not reduce your interest costs or pay your debt off sooner. For example, if your loan has a longer term than the debts you are consolidating, you may not realize savings over the entire term of your new loan.

Loan Requests and Origination

Before presenting you with loan options, you acknowledge that we will initially conduct a soft credit pull to check the rates and terms for which you may qualify. You further acknowledge and agree that a hard credit pull, which may affect your credit score, will be required if you apply for a loan option through the Site.

  • You acknowledge and agree that the terms of any loan options presented to you may change from day-to-day, or even from hour -to-hour. If you leave the Site or pause the application process, any rate and term information presented is subject to change.
  • You may be presented with the opportunity to apply for a loan through the Site. When you  apply  for  a  loan, you  represent  and  warrant  to  BBVA USA  that  all  the information you provide is true and accurate and that you have not provided any false, misleading, or deceptive statements or omissions of fact in your application. If any information you provide is untrue, inaccurate, or incomplete, we have the right to reject any application you have submitted and restrict your future use of the Site.
  • To receive a loan, you must submit a complete application, which must be approved by BBVA. After approval, you will be presented with your final loan terms and related  Truth-in-Lending  disclosures,  which  you  must  accept,  by  agreeing  to  your promissory note within the time period provided. We may withdraw our approval of your application at any time prior to origination (i) in the event of any inaccuracy or omission in your  loan application,  (ii)  if you committed  fraud or made a misrepresentation in connection with your application, or (iii) any other disqualifying event occurs. We have the right to reject any application for a loan.  If your  loan application  is declined or withdrawn, BBVA will retain a record of your loan application for a period of at least 25 months as required by federal law.
  • You agree that you will not request a loan through the site if you have originated or been declined for any unsecured term loan from BBVA within the prior six months or if you currently have two or more active unsecured term loans with BBVA.

Bank Accounts

You represent and warrant that you are the owner of the deposit account(s) you designate for electronic transfers of funds and have the authority to direct that loan payments be made to BBVA from such account.  Your designated account(s) will  be the account(s) into which loan proceeds will be deposited and from which monthly loan payments may be made.

Your Cooperation

If you submit an application, you agree to cooperate in the application process by submitting any required documentation in a timely  manner and, if applicable,  by obtaining  information BBVA may need from third-parties, such as your employer. You agree to notify us of any changes in any information submitted in connection with your application.

Use of Marks, Materials and Suggestions

The names, logos and all related product and service names, design marks and slogans are the property of BBVA, our affiliates and service providers. You are not authorized to use our names or marks in any advertising, publicity or in any other commercial manner without our prior written consent. You are not being granted a license under any  copyright,  trademark,  patent or  other  intellectual  property  right  in  the material  or the products, services, processes or technology described therein. We, our affiliates and/or any third party owner of such rights retain all such rights. Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being nonconfidential and nonproprietary.   We  will  also  be  free  to  use  any  ideas,  concepts,  know-how   or  techniques contained   in  such  information  for  any  purpose  whatsoever,  including,  but  not  limited  to, developing, manufacturing and marketing products and services incorporating such information.

No Warranty

THE SITE AND SERVICES  PROVIDED IN CONNECTION THEREWITH ARE PROVIDED  "AS IS"  AND   WITHOUT   ANY   REPRESENTATION  OR   WARRANTY,   WHETHER   EXPRESS IMPLIED  OR  STATUTORY. WE  AND  OUR  AFFILIATES,   OFFICERS,  DIRECTORS, EMPLOYEES,  AND   SUPPLIERS   DISCLAIM  ANY  AND  ALL   REPRESENTATIONS, WARRANTIES,  OR  GUARANTEES  OF ANY  KIND  RELATING  TO THE  SITE, INCLUDING, BUT NOT  LIMITED  TO, ANY  WARRANTIES  AS TO TITLE, MERCHANTABILITY,  FITNESS FOR  A PARTICULAR  PURPOSE, AND  NON-INFRINGEMENT. WE  DO  NOT  GUARANTEE CONTINUOUS,  UNINTERRUPTED, OR  SECURE  ACCESS  TO THE  SITE, AND THE OPERATION   OF  THE   SITE   MAY  BE  INTERFERED  WITH   BY  NUMEROUS   FACTORS OUTSIDE OUR CONTROL.

Limitation of Liability

YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS  IS AT YOUR OWN   RISK.  IN   NO  EVENT   WILL   WE   OR  OUR   OFFICERS,   DIRECTORS,   AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS  OR ANY INDIRECT, INCIDENTAL,   SPECIAL,  CONSEQUENTIAL,  EXEMPLARY,  PUNITIVE,  OR  OTHER DAMAGES   ARISING  OUT  OF  OR  IN  CONNECTION  WITH  THE  SITE  OR  YOUR  USE THEREOF.

Severability

You agree that if any provision of these Terms of Use is found to be unlawful or void, or for any reason  unenforceable, then that provision will be deemed  severable  from the other provisions and shall not affect the validity and enforceability of such other provisions.

Revisions and Modifications

We reserve the right, at any time without  notice to you and in our sole discretion,  to change or discontinue  the Site or the Terms of Use. Modifications  to the Terms of Use may be provided through  the  Site,  including  by  posting  the  revisions  on  the  Site.  Continued  use  of  the  Site following such modifications constitutes your acceptance  of those modifications.

Governing Law

The  Site is located  in the State  of Alabama,  and these  Terms of Use  are  governed  by and construed  by the law of the State of Alabama without  regard  to its conflicts of law provisions. You agree that any action at law or in equity arising  out of or relating these Terms of Use or the use  of  the Site  shall be filed only  in the state  or federal  courts located  in Jefferson  County, Alabama,  and  you  consent  to  the  personal   jurisdiction  of  such  courts for  the  purposes  of litigating any such action.

Patriot Act Notice

Federal  law  requires  all  financial  institutions to  obtain,  verity  and  record  information  that identifies  each person  who opens an account or  applies  for a loan, including your  name, address, date of birth, and other information that will allow us to verify your identity. We may also ask you to provide identifying documents.

State Law Notices

California Residents:  A married applicant may apply for a separate account.

Ohio  Residents:  The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

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