Effective date: October 5, 2017
1. About the Service.
Through the Service, BBVA 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, 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.
4. Additional Terms.
5. Third Party Software, Hardware and Services.
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 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 has the right to interrupt or restrict use or access to the Service, without notice to you, if BBVA suspects fraudulent or abusive activity. You shall cooperate with BBVA in any fraud investigation and to use any fraud prevention measures BBVA 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 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 FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, SUITABILITY, TIMELINESS, AND PERFORMANCE OF THE LICENSED SOFTWARE. BBVA 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 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 SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL BBVA 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 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.