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Agreement and Disclosure Statement for Online Banking

Additional Services.

BBVA Compass – Is a subsidiary of Banco Bilbao Vizcaya Argentina, a Spanish company, headquartered in the US in Birmingham, Alabama. BBVA Compass is considered one of the largest banks in the United States It has branches spread over Arizona, Alabama Colorado, California, New Mexico, Texas and Florida. Agreement and Disclosure Statement for Online Banking. This Agreement and Disclosure Statement (this "Agreement") governs the services available in BBVA Compass Online Banking, which are referred to individually as a "Service" and collectively as the "Services" or "Online Banking".

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HOUSTON, Oct. 12, /PRNewswire/ -- BBVA Compass was recognized as a leader in Financial Fitness from Javelin Strategy & Research in its Online Banking.

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You may make payments only to a Biller with a United States address. The Due Date is not the date on or after which your payment is considered late. You may use Bill Pay to make one-time or recurring payments from any of your BBVA Compass Online Accounts that is a checking account, subject to the following restrictions and conditions:.

The Bank reserves the right to select the method by which Scheduled Payments will be made on your behalf to your Biller. These payment methods may include, but are not limited to: Limitations on Payment Amounts. Occasionally a Biller may choose not to participate in Bill Pay, or may require additional information before accepting payments.

At our discretion, we will work with these Billers to encourage them to accept an electronic or check payment from the Bank. If we are unsuccessful, or if we determine that the Biller cannot process payments in a timely manner, we may decline future payments to this Biller. In the unlikely event that this occurs, we will promptly send you a notice. We reserve the right to restrict categories of Billers to whom payments may be made using this Service.

The Bank is not responsible for the refusal by any Biller to accept payment made using the Bill Pay Service. Any payment using funds that were sent to you from outside the United States if the funds were accompanied by instructions specifying one or more payments to be made with those funds. In no event shall the Bank be liable for any claims or damages resulting from your scheduling any of these types of payments. The Bill Pay Guarantee described in this Section does not apply to these types of prohibited payments, even if the Bill Pay Service allows them to be scheduled or made.

The Bank has no obligation to research or resolve any claim relating to or resulting from the misapplication, misposting or misdirection of these types of payments, and you accept full responsibility for the resolution of all such claims.

The Bank may refuse to honor any payment requests that reasonably appear to the Bank to be fraudulent, unauthorized, erroneous, illegal or prohibited under this Agreement, or as otherwise permitted by law, and the Bank shall have no liability for its refusal to honor these payment requests. For each bill payment you attempt to schedule, the Bill Pay Service will designate the earliest possible Scheduled Payment Date for that Biller, which typically is four 4 or fewer Business Days from the current date.

When scheduling a bill payment, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement.

Scheduled Payment Dates must be prior to any late date or grace period. You are responsible for any late charge, finance charge, penalty or default or other consequence that may result from your selecting a Scheduled Payment Date later than the Due Date. By providing the Bill Pay Service with the name of a Biller and information about your account with that Biller, you authorize the Bill Pay Service to contact the Biller about your payments made or to be made through Bill Pay.

You agree that, in order to process payments more efficiently, the Bill Pay Service may edit or alter payment data or data formats according to the Biller's directives. By submitting Payment Instructions through Online Banking, you authorize the Bill Pay Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as closely as reasonably possible to the Scheduled Payment Date.

Changes to Payment Account or Biller Information. Any change in the selection of your Payment Account or the information for a Biller must be made in accordance with the Online Terms or your Software. Any changes you make to Payment Account or Biller information may become effective immediately for scheduled and future payments, but will not apply to any payment that has begun processing at the time of your change.

The Bank shall have no liability for any payment processing errors or any fees you may incur if you do not provide accurate Payment Account or Biller information. Insufficient Funds in a Payment Account. You agree to submit Payment Instructions for a bill payment only when there are or will be sufficient funds in the Payment Account to cover both that payment and any other items or charges to be paid from the Payment Account.

In either event, you are responsible for any non-sufficient funds or overdraft charges authorized in the Account Agreement for the Payment Account. The Bank has no obligation to inform you if the Bill Pay Service declines to make a Scheduled Payment because there are insufficient funds in the Payment Account. In this situation, you are responsible for rescheduling the payment through the Bill Pay Service or making alternate arrangements.

You will reimburse the Bank or its Service Provider, as applicable, immediately upon demand for any funds advanced on your behalf;. For any amount not reimbursed within fifteen 15 days after initial demand, the Bank or its Service Provider, as applicable, may require you to pay a late charge equal to 1.

This late charge is in addition to any non-sufficient funds or overdraft charges imposed under the Account Agreement for the Payment Account;. You will reimburse us for any fees incurred in attempting to collect the amount of the advanced funds and any late charge from you; and,. You understand that payments made through the Bill Pay Service may be returned for a variety of reasons, including, but not limited to, the following: The Bill Pay Service will try to correct any obvious errors that may have caused the payment to be returned and then to resend the corrected payment, but the Bank shall have no liability for returned payments that were sent according to your Payment Instructions.

Canceling a Scheduled Payment. You may cancel or edit any Scheduled Payment including recurring payments that has not begun processing by following the directions within the Bill Pay Service. There is no charge for canceling or editing a Scheduled Payment that has not begun processing. Once the Bill Pay Service has begun processing a Scheduled Payment, you cannot cancel or edit the Scheduled Payment, but you may be able to stop the Scheduled Payment by submitting a stop payment request.

Stop Payment Requests on Scheduled Payments. If you wish to stop a Scheduled Payment once it has begun processing, you should call the Bank at as soon as possible. The Bank also may require you to make your request in writing, as provided in the applicable Account Agreement.

The Bank's ability to stop any Scheduled Payment will depend on both the method used to make that payment and when you contact the Bank. Some payment requests cannot be stopped once processing has begun. For Scheduled Payments that can be stopped, the Bank must receive your stop payment request in sufficient time to allow the payment to be voided, which generally will be at least three 3 Business Days before the Scheduled Payment Date. If the Bank is unable to stop your Scheduled Payment, it will be processed according to your original Payment Instructions, and the Bank will have no liability for failing to stop this Scheduled Payment.

Due to circumstances beyond the Bank's control, particularly delays by Billers in handling and posting payments, some Scheduled Payments may take longer than expected to be credited to your account with a Biller.

You may use Bill Pay to receive electronic bills from your creditors, subject to the following terms and conditions:. To use this Service, you must access Online Banking through the Bank's website. When you activate the electronic bill function for any Biller, you authorize and direct the Bank: You promise not to activate the electronic bill function for any Biller unless you are entitled to receive the bill requested from that Biller, and to indemnify the Bank for any damages it may incur if you fail to keep this promise.

The period of time between your request for electronic bills and your receipt of your first electronic bill varies from Biller to Biller, and may take up to sixty 60 days, depending on the Biller's billing cycle and whether you must provide any additional information to us regarding that Biller. Each Biller reserves the right to accept or deny your request to receive electronic bills. Each Biller also will determine, in its sole discretion, whether you may receive a paper copy of your bills in addition to your electronic bills.

Your Responsibility for Electronic Bills. It is solely your responsibility to obtain and maintain all usernames and passwords required by any Biller, and to update or otherwise change your personal information such as name, address, phone numbers and email addresses with any Biller from which you receive electronic bills.

The Bill Pay Service is unable to make changes to this information, and you must contact a Biller directly to make any changes.

The Bank has no responsibility for the accuracy of any electronic bill. It is also solely your responsibility: A to monitor your electronic bills; B to contact the Biller directly if you do not receive a bill when due, if you dispute or have any questions about a bill, or if you need a copy of a previously delivered bill; and C to assure timely payment of all of your bills, including those for which you have requested electronic bills through the Bill Pay Service.

The Bank shall have no liability if you fail to receive an electronic bill from any Biller in a timely manner, regardless of the cause for such failure. Delivery of Electronic Bills and Notifications. In addition to delivering electronic bills within the Bill Pay Service, the Bank, in its sole discretion, may send notification to the email address or mobile device number associated with your subscription to Online Banking when a new electronic bill becomes available.

It is solely your responsibility to assure that the email address or mobile device number you provided to the Bank is current and accurate. The Bank shall have no liability if you fail to receive a notification about a new electronic bill, regardless of the cause for such failure.

Cancellation of Electronic Bills. Each Biller reserves the right to cancel the delivery of electronic bills at any time.

You may cancel electronic bill delivery through the Bill Pay Service for some or all Billers at any time. Although the Bill Pay Service will notify each Biller when you cancel electronic bill delivery from that Biller, you are solely responsible to make arrangements for an alternative form of bill delivery. The period of time between your cancellation of any electronic bill and your receipt of the bill in an alternative form varies from Biller to Biller, and may take up to sixty 60 days, depending on the Biller's billing cycle.

Once you have cancelled electronic bills from a Biller, we have no responsibility to deliver any electronic bill from that Biller, including bills already in process at the time of cancellation. You may use the Popmoney Service to send, receive, and request payments through the system described below.

By using this Service or by accessing or permitting another to access your Transaction Account, you agree to the terms and conditions for this Service. This Section incorporates any instructions or additional information that may be provided to you regarding the Wire Transfer Service by us or through Online Banking.

This Section covers only outgoing wire transfers, and does not apply to the processing and transmission of incoming, drawdown or any other wire transfers, which may not be initiated under this Section of this Agreement.

You may initiate payment orders for domestic wire transfers through Online Banking, subject to the following restrictions and conditions:. Authorization for Wire Transfer Service. You authorize and direct us to process each payment order for a wire transfer submitted through the Wire Transfer Service and in compliance with the Security Procedures described in this Section.

We have no obligation at any time to process any payment order that exceeds the Available Balance as that term is defined in the applicable Account Agreement in the Wire Transfer Account at the time that you initiate the wire transfer. We have the right, but not the obligation, to refuse to process any payment order for the purpose of determining whether you authorized the payment order, and shall incur no liability for any delay caused by exercising this right.

Wire transfers are "funds transfers" under and for purposes of Article 4A of the Uniform Commercial Code, as adopted in the state in which we maintain your Wire Transfer Accounts.

These additional security techniques, together with the Security Codes, are referred to as the " Wire Transfer Security Procedures. G below, and will provide instructions to you about the requirements of the Wire Transfer Security Procedures in effect from time to time.

You agree that you and will take all actions required to comply with the Wire Transfer Security Procedures, including maintaining the confidentiality and security of your Security Codes and any security devices, changing your Security Codes from time to time, and immediately reporting any suspected loss or unauthorized use of Security Codes or a security device.

Your Agreement to Security Procedure. You agree that the Wire Transfer Security Procedures constitute a commercially reasonable security procedure for you. You agree to be bound by any payment order or any request for cancellation or amendment of a payment order for a wire transfer initiated through the Wire Transfer Service and accepted by the Bank in compliance with the Wire Transfer Security Procedures, regardless of whether or not you actually authorized the wire transfer.

If the payment order for a wire transfer or any request for cancellation or amendment of a payment order received by the Bank was transmitted or authorized by you, you shall be obligated to pay the amount of the payment order regardless of i whether or not the Bank complied with the Wire Transfer Security Procedures with respect to that payment order, ii whether or not that payment order was erroneous in any respect, and iii whether or not that error would have been detected if the Bank had complied with such Security Procedures.

You acknowledge and agree that in the event you request the Bank to accept any payment order for a wire transfer made by using any security procedures other than the Wire Transfer Security Procedures set forth in this Agreement which the Bank may accept or refuse at its discretion , then you will be deemed to have chosen other security procedures after the Bank offered and you refused security procedures that were commercially reasonable for you, and you expressly agree to be bound by any payment order, whether or not authorized, issued in your name in accordance with such other security procedures.

Wire transfers shall be from Wire Transfer Accounts, and may be to any other account with the Bank, an affiliate of the Bank, or another bank or financial institution. You agree that, except as otherwise provided for in this Agreement, all wire transfers originated through the Wire Transfer Service shall comply with the Wire Transfer Security Procedures, all other terms of this Agreement, and the terms and provisions of Article 4A of the Uniform Commercial Code, as adopted in the state in which the Bank maintains your accounts.

We will accept a payment order for a wire transfer only if you place the order in accordance with the terms and requirements stated in this Agreement and the Online Terms. We have no obligation to honor, either in whole or in part, the payment order for any wire transfer or the cancellation or amendment thereto that: If the applicable Wire Transfer Account does not contain sufficient funds for the requested wire transfer, we may, at our option, accept the payment order for the wire transfer and debit any such account into overdraft, and we shall not be liable for damages to you as a result thereof; provided, we have no obligation to debit any such account into overdraft.

If we create an overdraft to complete a wire transfer, you agree to pay to us the amount of the overdraft upon demand, and, if applicable interest accruing on the amount of the overdraft from the date of its creation at the maximum rate of interest permitted under applicable law.

Except as otherwise provided in this Section, we agree to use reasonable efforts to execute each payment order for a wire transfer on the date received, provided that: In executing the payment order for any wire transfer, we may utilize such means of transmission as we reasonably select.

If you originate multiple payment orders for execution on the same day, we may execute the payment orders in any order convenient to us. If you direct us to use a specific intermediary bank or specific means of execution, you assume all risks of failure or of non-payment by the intermediary bank and all risks of loss by the means directed.

Canceling and Amending Payment Orders. If you wish to cancel or amend a payment order previously transmitted to us, you must transmit notice of the requested cancellation or amendment in compliance with the Wire Transfer Security Procedures, and you must include the amount and recipient of the payment order in the notice.

We will make a reasonable effort to comply with any request you make to cancel or amend a payment order that is made before our acceptance of that payment order but only if our Wire Transfer Department has been given sufficient notice and a reasonable opportunity to act on it. We have no obligation or duty to cancel or amend a payment order received from you after we accept the payment order.

You agree to pay the fees for wire transfers provided in Section 8. You also agree to pay and reimburse us for all governmental and third party fees or taxes arising out of or related to our providing the Wire Transfer Service to you. Reliance on Your Instructions. You understand and agree that we will not verify the terms of any payment order submitted under this Section. You are solely responsible for the accuracy and completeness of all data, instructions or other information provided to us regarding any wire transfer initiated.

You authorize us to process each payment order submitted in accordance with the information that we receive from you in accordance with the Wire Transfer Security Procedures. We shall have no responsibility for any erroneous information you provide and no liability for any losses you may suffer that arise from or relate to any erroneous information you provide for any payment order submitted hereunder. Except as otherwise required by applicable law, neither we nor our affiliates, third party service providers or their affiliates shall be liable, and you release and waive any and all claims against us, our affiliates, third party service providers or their affiliates for any and all losses, damages, claims, judgments, costs and expenses incurred by you or by any other person or entity, whether or not acting as your agent or employee, that arise from or relate to your use of the Wire Transfer Service.

The limitations on the liability of the Bank, our affiliates, third party service providers or their affiliates provided in this Section are in addition to, and shall not diminish, any limitations on this liability contained in this Agreement, any applicable Account Agreement or any other agreement between you and us.

Actual receipt by us of proper notice or delivery of any information including stop payment, return, process, dishonor, and similar notices required under this Section or any agreement executed by you from time to time from you before the deadline required by us in our sole discretion is an express and non-waivable condition precedent to our related obligation to perform any service or to meet any deadline imposed by law, regulation, or any person.

You bear the burden of proof of the time and manner of our actual receipt of any notice or transmittal of information. In addition to the termination provided in Section 8. H, we may terminate the Wire Transfer Service at any time and without prior notice to you. We shall use reasonable efforts to communicate notice of the termination to you promptly, and will provide written confirmation of the termination if the initial notice of termination was not communicated in writing.

You represent and warrant that each electronic communication submitted to us through the Wire Transfer Service, including without limitation each payment order, shall comply with this Agreement and all applicable law. You agree to provide any additional information and to execute any additional documents or agreements that we may request in connection with your use of the Wire Transfer Service.

You understand and agree that all wire transfers shall be executed on the basis of the following information provided in your payment order which is referred to collectively as "Identifying Numbers": The Bank and any other bank processing the payment order for wire transfer a "Processing Bank" may rely solely on the Identifying Numbers that you provide in your payment order, regardless of whether the order also identifies the beneficiary or Receiving Bank by name, and no Processing Bank has any obligation to confirm that any Identifying Number applies to any named beneficiary or Receiving Bank or to identify any discrepancy between any Identifying Number and the name provided for any beneficiary or Receiving Bank.

We have no obligation to determine whether the recipient identified in any payment order is the accountholder for the account to which funds are to be transferred. If your instructions for any payment order contain any inconsistent information or other discrepancy regarding the name of the intended recipient and the account into which the funds are to be transferred, we shall make the transfer on the basis of the account number, even if that number identifies an account held by a person or entity other than the named recipient.

The foregoing is intended to be consistent with and subject to the terms and provisions of Sections 4A and 4A of the Uniform Commercial Code as in effect in the state in which we maintain your Online Accounts.

To the fullest extent permitted by law, i knowledge whether actual or constructive by us of any discrepancy or inconsistency in the information provided in connection with any payment order for a wire transfer shall not change or impair our right to execute a payment order for a wire transfer as provided herein, and ii neither we nor any Processing Bank shall have any liability for executing any payment order, even if it has knowledge of the discrepancy or inconsistency.

Payments through this Service will be made using funds debited from an Online Account for which this Service is available through the system described below. We may offer you the option to use the Credit Line Payment Service to make one-time or recurring payments on your Credit Line Account using funds debited from your Credit Line Payment Account, subject to the following restrictions and conditions:.

You may use this Service to obtain balances and other information about those of your BBVA Compass Online Accounts for which this Service is available " Online Account Information " , and to download Online Account Information into your Software, subject to the following terms and conditions:. Online Account Information is provided as a convenience to you for tracking purposes only.

You undertake any downloading and storage of Online Account Information at your own risk. If you download Online Account Information, you are responsible for maintaining the security and confidentiality of that information, and you assume all risk that any downloaded Online Account Information may be accessed by unauthorized third parties, including any person you allow to access your Software.

We are not responsible for the security and confidentiality of any Online Account Information that you download using wireless connections, which may permit other persons to access the Online Account Information being downloaded. You accept full and sole responsibility for any damage that might occur to your Internet Computer, your Software, or any other equipment or software in connection with the downloading and storing of any Online Account Information, including the loss or corruption of any data.

You may view images of the checks and deposit slips for your BBVA Compass Online Accounts that are checking, money market, or savings accounts by accessing Online Banking through the Bank's website.

To view your online statements, you must access Online Banking through the Bank's website. If you choose to receive only online statements for any BBVA Compass Online Account and ask us to stop sending any paper statement on that account, we may use the email address you have given the secure message Service described below, or otherwise use Online Banking i to notify you when each statement for that BBVA Compass Online Account becomes available online, and ii to provide other notices and disclosures about that BBVA Compass Online Account to you.

You may use this Service to send and receive secure electronic messages to and from the Bank. In order to use this Service, you must be logged in to Online Banking, either through your Software or by logging in directly on the Bank's website. From time to time, the Bank may send unsecured electronic mail to your email address to notify you that certain information is available.

The Bank will never ask you to send personal information, such as account numbers and passwords, to the Bank in an unsecured email. If you wish to send personal information to the Bank, you should send a secure message using this Service. You should never send personal information in an unsecured email. The Bank may not immediately receive electronic mail that you send.

Therefore, do not rely only on electronic mail if you need to communicate with the Bank immediately. If you need to contact the Bank immediately, use the contact information provided in Section 8. C of this Agreement or on the Bank's website. The Bank will not take actions based on your electronic mail requests until the Bank actually receives your message and has a reasonable opportunity to act.

The Bank may add new alerts or discontinue existing alerts at any time. According to your selections, we will send alerts to the email address, or mobile number, or to your mobile device via push notification you provide to us in Online Banking. Otherwise, delete your mobile number from within Online or Mobile Banking to stop receiving text messages. Message and data rates may apply from your telecommunications provider, and you are responsible for any such charges.

It is solely your responsibility to ensure that the email address and mobile number you provide to the Bank are current and accurate. If information from your wireless carrier indicates to us that the mobile number you have provided has been changed or is no longer registered to you, we will automatically stop delivery of any alerts to that number. In that event, you must update your mobile number in Online Banking before alerts can be delivered to a mobile number again.

Should you wish to receive alerts to your mobile phone number after opting out of the Service, you must update your mobile number in Online Banking before alerts can be delivered to a mobile number again. Your failure to maintain current and accurate contact information with us will prevent delivery of alerts through this Service, for which the Bank expressly disclaims any liability.

Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. The Bank does not guarantee either the delivery or the accuracy of the contents of any alert. The Bank will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes.

Because the balance of some BBVA Compass Online Accounts is subject to change at any time, the information provided in any alert may become quickly outdated. Alerts are not encrypted. Depending on where you instruct us to send your alerts, anyone with access to your email or mobile device may be able to view the contents of these alerts. If you request through this Service to be notified when an account is closed, you acknowledge and agree that we may deliver that alert to you when your account is closed.

In the event you request that we close an account or your Online Banking profile, you acknowledge and agree that we may continue to send you alerts associated with that account or your Online Banking profile for a reasonable time thereafter until the closure process is completed.

You may use this function to request the Bank to stop any payment on a check drawn on any of your BBVA Compass Online Accounts regardless of whether that payment was scheduled through Bill Pay. You should submit any stop payment request as soon as possible.

If the payment that you wish to stop was scheduled through Bill Pay, please refer to Section 4. The charge for each stop payment request submitted through Online Banking will be the fee provided in Section 8. This fee will be charged regardless of whether the Bank is able to stop the payment. If you submit a stop payment request by calling the Bank, the charge will be the fee provided in the applicable Account Agreement, instead of the charge provided in Section 8.

In addition to the terms provided in this Agreement, stop payment requests are governed by the applicable terms and conditions in your Account Agreement. You cannot use the Service to make transactions or transfer funds. You may also add information about accounts you maintain at other institutions and that are accessible through the Internet " Third Party Accounts ".

The Service allows you to view information about FDIC-insured deposit products such as checking, savings and money market accounts , non-FDIC insured products such as brokerage or K accounts , and non-financial products such as frequent flyer miles. Including information about an account or product in the Service does not mean that the account or product is a BBVA Compass account, product or other obligation or that the account or product is insured by the FDIC.

You agree to use the Service only as permitted by this Agreement. We may terminate your access to the Service if any conduct on your part constitutes a violation of this Agreement. In order to use the Service, you must be at least 18 years old, a United States resident and legally capable to enter into contracts. You agree to provide true, accurate, current and complete information about yourself and your Third Party Accounts, and you agree not to misrepresent your identity or your account information.

Accurate records enable us to provide the Service to you. You agree to keep your account information up-to-date and accurate. Illegal Use of the Service. We may terminate your use of the Service immediately and without notice to you if we discover you or someone using your Security Codes has used the Service in this manner.

You agree that we own all rights to the information and Content displayed in the Service, as defined in "Content You Provide" below. You are only permitted to use this Content as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this Content. If you access Zillow content, you agree that you will not use Zillow data for any other purpose than for your individual use.

Further, you agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any Java applets associated with the Service. Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you agree not to resell or make any commercial use of the Service.

Use of Marks, Materials and Suggestions. The names, logos and all related product and service names, design marks and slogan are the property of BBVA Compass, 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.

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