The following Terms of Service Agreement supplements and is a part of the Personal and Health Savings
Account Checkcard Agreement and Disclosure (the "Cardholder Agreement") set forth above. In addition
to this Terms of Service Agreement, Verified by Visa is also subject to the Cardholder Agreement
governing the card transactions for which Verified by Visa is used.
ACCEPTANCE OF TERMS
(a) Verified by Visa 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 Verified by Visa is used. The TOS may be updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at www.frostbank.com. In addition, when
using Verified by Visa, you shall be subject to any posted guidelines or rules applicable to Verified by Visa that may be posted from time to time at the same web site.
(b) You agree that creation of a Verified by Visa account password, and/or use of Verified by Visa, will represent your acceptance of this TOS. Continued use of Verified by Visa after any
revisions to this TOS or the guidelines or rules applicable to Verified by Visa have been posted to
our website mentioned above shall constitute your agreement to such revised terms, guidelines
(c) Unless explicitly stated otherwise, any new features that augment, enhance or otherwise
change Verified by Visa shall be subject to this TOS.
(d) Frost Bank reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, Verified by Visa (or any part thereof) with or without notice.
(e) Upon our request, you agree to sign a non-electronic version of this TOS.
DESCRIPTION OF Verified by Visa – Verified by Visa provides you with a way of increasing
security in online and other transactions for which Verified by Visa is used by reducing the
chances of fraud for those transactions. Registering for Verified by Visa involves providing
personal information to us, which is then used to confirm your identity in connection with future
online transactions or other transactions for which Verified by Visa is used, as discussed in more
detail in Section 5 below. Verified by Visa also may be used for record keeping and reporting
purposes, as well as to help resolve any transaction disputes. Your Registration Data, as defined
in Section 3(b), and other personal information is not shared with the merchant, as discussed in
more detail in Section 6 below.
YOUR REGISTRATION OBLIGATIONS
(a) By signing up for Verified by Visa, you authorize us to retain certain information about you
and your card(s). You authorize us to obtain from certain third parties selected by us, including
consumer credit bureaus and other consumer reporting agencies, information about you and your
card(s) to use in connection with Verified by Visa. You authorize us to use and retain this
associated with a unique identifier for you (your card number and your name).
(b) You agree to (i) provide true, accurate, current and complete information about yourself as
prompted by Verified by Visa's registration form ("Registration Data"), and (ii) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete. If you
provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have
reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or
incomplete, we have the right to suspend, terminate, or refuse your current or future use of Verified by Visa.
(a) In order to use Verified by Visa, you must provide certain information to us that allows us to validate your identity and verify that you are the owner of or an authorized user of the specified card(s). The information that you provide may be validated against information we already have on file that is associated with you or your card(s), information we receive from one or more third parties, or information maintained by a third party.
(b) If you are unable to provide adequate information for us to validate your identity, we have the right to not allow you to register for Verified by Visa. You warrant that the information is correct and that you have the legal right to use the card(s) that you register for Verified by Visa.
(c) If you do not successfully register for Verified by Visa, the merchant may not accept your card in payment for an e-commerce or other transaction subject to Verified by Visa.
(d) In order to use Verified by Visa, you must have the ability to access the World Wide Web and must pay any service fees associated with such access. In addition, you must have the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
(e) In the event you have a question regarding the Verified by Visa registration process or a transaction using Verified by Visa, you should direct that question to the Frost Bank Internet Banking Service Center at 1-877-714-4932.
(a) During registration in Verified by Visa, you may be asked to select or may be provided a password and hint-and-response question and answer. When engaging in an online transaction or other transaction for which Verified by Visa is used, you may be asked for your Verified by Visa password or hint response before the merchant accepts your card in payment for the transaction. If you are unable to provide your Verified by Visa password or hint response, or if the authentication through Verified by Visa otherwise fails, the merchant may not accept your card in payment for that transaction.
(b) By registering in Verified by Visa, you assent to the use of Verified by Visa to evidence your identity, including for purposes of authorizing transactions in advance to recur at substantially regular intervals.
(a) Verified by Visa stores your Registration Data. Your Registration Data will not be shared with online retail merchants or merchants in other transactions for which Verified by Visa is used.
(b) You acknowledge and agree that Verified by Visa may keep your Registration Data and also may disclose your Registration Data if required to do so by Applicable Law, as defined in Section 8(a)(ix), in the good faith belief that such preservation or disclosure is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this TOS.
CARDHOLDER PASSWORD AND SECURITY – You are solely responsible for maintaining the confidentiality of your password, Registration Data and other verification information established by you with Verified by Visa, and all activities that occur using your password, Registration Data or other verification information supplied to or established by you with Verified by Visa. You agree not to transfer or sell your use of, or access to, Verified by Visa to any third party. You agree to immediately notify us, by contacting us as we require in our Cardholder Agreement with you for a lost or stolen card, of any unauthorized use of your password or other verification information, or any other breach of security. You acknowledge and agree that, except as otherwise provided by Applicable Law or in our Cardholder Agreement with you, Frost Bank shall not be liable for any loss or damage arising from your failure to comply with this TOS.
- YOUR CONDUCT
(a) You agree not to:
(i) impersonate any person or entity using Verified by Visa;
(ii) 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 Verified by Visa;
(iii) spam or flood the Verified by Visa Website or service;
(iv) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Verified by Visa Website or service or the software used in connection with Verified by Visa;
(v) remove any copyright, trademark, or other proprietary rights notices contained in Verified by Visa;
(vi) "frame" or "mirror" any part of the Verified by Visa Website or service without Visa's prior written authorization;
(vii) 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 Verified by Visa Website or service or its contents;
(viii) otherwise interfere with, or disrupt, Verified by Visa or servers or networks connected to Verified by Visa, or violate this TOS or any requirements, procedures, policies or regulations of Verified by Visa or of any networks connected to Verified by Visa; or
(ix) 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 Verified by Visa.
(a) You agree that Frost Bank shall not be liable to you or to any third party for any modification, suspension or discontinuance of Verified by Visa.
(b) 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 Verified by Visa.
(c) Frost Bank assumes 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 our Website or the Verified by Visa Website.
(a) If you want to end your ability to use Verified by Visa, you must send an e-mail to email@example.com so that your password and Registration Data with Verified by Visa can be deactivated. Any purchases you made using Verified by Visa prior to deactivation will not be affected.
(b) We may temporarily or permanently deactivate your ability to use Verified by Visa and/or terminate your relationship with us at any time, with or without fault on your part. For your protection, we will automatically deactivate your ability to use Verified by Visa if it is not used at least one time during any twelve (12) month period. If we deactivate your ability to use Verified by Visa, we will promptly give you notice at the most current e-mail address you have provided to us as reflected in our records.
DEALINGS WITH MERCHANTS – Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through Verified by Visa, 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, Frost Bank 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 Verified by Visa does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in Verified by Visa. For example, Verified by Visa does not verify the identity of the merchant or the quality of the merchant's goods or services.
DISCLAIMER OF WARRANTIES
(a) You expressly understand and agree that any software obtained through the use of Verified by Visa 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 Verified by Visa.
(b) EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, FROST BANK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT Verified by Visa OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOTICE – Notices to you may be made via either email or regular mail to any address in your Registration Data or other information that you have provided to us in connection with any of your accounts with us, or cards issued or otherwise provided by us. You also may be notified of changes to this TOS or other matters by notices displayed on or links to notices displayed on www.frostbank.com.