"Signature" WAP site Terms of Use
Last Updated: June 5, 2009
General
The "Signature" WAP site and its associated services (collectively, "Service") are managed and made available by Visa U.S.A. Inc. ("Visa") and made available based on the terms of use (the "Terms of Use") below. Individual carrier's standard messaging rates may apply to all SMS correspondence. Additionally, other charges, including charges for data plans for your use of the mobile web may apply. All charges are billed by and payable to your mobile carrier. Please contact your carrier for complete pricing details.
If you do not agree with any of these Terms of Use, you are not authorized to use the Service. Visa may, in its sole discretion, modify these Terms of Use with or without notice to you. The "Last Updated" date at the top these Terms of Use will indicate when the latest modifications were made. By continuing to access and use the Service after these Terms of Use are modified, you agree to any modifications contained therein. Therefore, you should review these Terms of Use prior to each use of the Service. In addition, when using particular services or features, you will be subject to any posted terms, guidelines or policies applicable to such services or features that may be posted from time to time. All such terms, guidelines or policies are hereby incorporated by reference into these Terms of Use.
Privacy Policy
Data obtained from you in connection with this Service may include your cell phone number, your carrier's name, the date, time, message content, as well as usage information (start and stop date of usage, types of downloads, etc.). This information is only used to provide you with the Service and statistical analysis of the Service. Upon sending an SMS message, your personal information is discarded. We will, however, continue to store and use aggregated data relating to your usage, none of which will be personally identifiable to you. We may employ third parties to perform services on our behalf, such as administering the Service. Such third parties will have access to your personal information only to the extent necessary to perform their services, but will not be permitted to use it for any other purpose. Protecting the security of your personal information is very important to us. When you transmit personal information from your mobile handset to our servers, your information is protected by both a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption. Once we receive your transmission, we will take reasonable precautions to ensure its security on our systems. Unfortunately, no use of or data transmission via a mobile handset can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us via your mobile handset and vice versa and we cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information. By using the Service, you acknowledge this risk. In our sole discretion, we may transfer, sell or assign information collected on and through this Service, including without limitation, personal and other information, to one or more third parties, as a result of our sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation.
Access to the Service
The use of this Service requires a mobile communications subscription with a participating carrier or access to a mobile communications network on which the Service is available. Additionally, other carrier services may be required to download content (e.g., T-Mobile?s T-Zones(TM) services) and the payment of all service fees associated with any such access. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service.
You may text "HELP" to 84721, or email us at askvisausa@visa.com with any questions. You may unsubscribe at any time by texting "STOP" to 84721. We will confirm that you have canceled our service.
You may email us at askvisausa@visa.com with any questions.
Right to Modify, Restrict
We may suspend, modify or discontinue the Service for any reason, to any or all users, at any time. We also reserve the right to restrict the number of users. Except as otherwise expressly stated in these Terms of Use, you agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
License Grant
Subject to these Terms of Use, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service (and its associated content). Visa may terminate this license at any time for any reason, whatsoever. You may use the Service on one mobile device for your own personal, non-commercial use. No part of the Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service, or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Service infrastructure.
Ownership
All materials contained on this Service are owned by Visa or third parties and may not be altered or redistributed. The marks, logos or All materials contained on this Service are owned by Visa or third parties and may not be altered or redistributed. The marks, logos or emblems displayed are subject to the trademark and other rights of Visa and its content providers. All rights to all materials contained on this Service not expressly granted in these Terms of Use are reserved to their respective owners. This Service may only be used for non-commercial personal purposes.
Limitation of Liability
The Service is available through your mobile device when it is within the operating coverage area of your carrier, and is subject to transmission limitation and interruption. THE SERVICE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VISA MAKES NO WARRANTY: (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY THIRD PARTIES AS PART OF THE SERVICE; (E) THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VISA AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "VISA PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING CIRCUMSTANCES, EVEN IF A VISA PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (A) THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR A PROMOTIONAL OFFER; (B) YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION OR AVAILABLE THROUGH THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE SERVICE; OR (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF VISA FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ANY INFORMATION OR SERVICE OBTAINED BY YOU FROM VISA THROUGH THIS SERVICE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VISA?S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Third Party WAP sites, Websites, Content and Resources
The Service includes links or direct connections to other WAP sites, websites, contents or resources made available to you from third parties. For example, the Service may provide direct links to third party WAP sites or websites of participating retailers from the "Essentials" and "Adventures" section of the Service. Links to such third party WAP sites, websites, content and resources do not constitute an endorsement by Visa of such WAP sites, websites, content and resources. In addition, these third party WAP sites and websites may have privacy policies and practices quite different than privacy policy and practices of Visa. You understand that personal or other information submitted through a third party WAP site or website will be collected directly by the third party WAP site or website pursuant to their privacy policy. You acknowledge that Visa has no control over or responsibility for any such third party WAP sites, websites, content or resources or their privacy practices. You acknowledge and agree that Visa is not responsible for the availability or unavailability of any such third party WAP sites, websites, content or resources. You further acknowledge that Visa is not liable to you for any loss or damage which may be incurred by you as a result of these third party WAP sites, websites, content or resources. You acknowledge that any and all such links, WAP sites and websites are deemed to be third parties under these Terms of Use and Visa shall bear no liability in connection therewith.
Indemnification
You agree to indemnify, defend and hold harmless Visa against all claims, demands, causes of action, losses, expenses, damages and costs (including costs and any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct on the Service, any material that you submit to or transmit through the Service, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Service.
International Users
The Service is controlled, operated and administered by Visa from its offices within the United States. Visa makes no representation that materials on the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents available through the Service are illegal is prohibited. If you access this Service from a location outside of the United States, you are responsible for compliance with all local laws.
Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of California and further agree that any cause of action arising from or relating to the use of the Service or these Terms of Use shall be brought exclusively in the Federal or State Courts residing in San Francisco County, California.
Miscellaneous
These Terms of Use constitute the entire and only agreement between Visa and each user of the Service with respect to the subject matter of these Terms of Use. The section titles in these Terms of Use are provided solely for convenience and have no legal or contractual significance. If any provision of these Terms of Use be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. The failure of Visa to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.
Contact Us
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at askvisausa@visa.com. We will attempt to address any issue to the best of our abilities.
© 2009 Visa U.S.A. Inc.
General
The "Signature" WAP site and its associated services (collectively, "Service") are managed and made available by Visa U.S.A. Inc. ("Visa") and made available based on the terms of use (the "Terms of Use") below. Individual carrier's standard messaging rates may apply to all SMS correspondence. Additionally, other charges, including charges for data plans for your use of the mobile web may apply. All charges are billed by and payable to your mobile carrier. Please contact your carrier for complete pricing details.
If you do not agree with any of these Terms of Use, you are not authorized to use the Service. Visa may, in its sole discretion, modify these Terms of Use with or without notice to you. The "Last Updated" date at the top these Terms of Use will indicate when the latest modifications were made. By continuing to access and use the Service after these Terms of Use are modified, you agree to any modifications contained therein. Therefore, you should review these Terms of Use prior to each use of the Service. In addition, when using particular services or features, you will be subject to any posted terms, guidelines or policies applicable to such services or features that may be posted from time to time. All such terms, guidelines or policies are hereby incorporated by reference into these Terms of Use.
Privacy Policy
Data obtained from you in connection with this Service may include your cell phone number, your carrier's name, the date, time, message content, as well as usage information (start and stop date of usage, types of downloads, etc.). This information is only used to provide you with the Service and statistical analysis of the Service. Upon sending an SMS message, your personal information is discarded. We will, however, continue to store and use aggregated data relating to your usage, none of which will be personally identifiable to you. We may employ third parties to perform services on our behalf, such as administering the Service. Such third parties will have access to your personal information only to the extent necessary to perform their services, but will not be permitted to use it for any other purpose. Protecting the security of your personal information is very important to us. When you transmit personal information from your mobile handset to our servers, your information is protected by both a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption. Once we receive your transmission, we will take reasonable precautions to ensure its security on our systems. Unfortunately, no use of or data transmission via a mobile handset can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us via your mobile handset and vice versa and we cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information. By using the Service, you acknowledge this risk. In our sole discretion, we may transfer, sell or assign information collected on and through this Service, including without limitation, personal and other information, to one or more third parties, as a result of our sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation.
Access to the Service
The use of this Service requires a mobile communications subscription with a participating carrier or access to a mobile communications network on which the Service is available. Additionally, other carrier services may be required to download content (e.g., T-Mobile?s T-Zones(TM) services) and the payment of all service fees associated with any such access. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service.
You may text "HELP" to 84721, or email us at askvisausa@visa.com with any questions. You may unsubscribe at any time by texting "STOP" to 84721. We will confirm that you have canceled our service.
You may email us at askvisausa@visa.com with any questions.
Right to Modify, Restrict
We may suspend, modify or discontinue the Service for any reason, to any or all users, at any time. We also reserve the right to restrict the number of users. Except as otherwise expressly stated in these Terms of Use, you agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
License Grant
Subject to these Terms of Use, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service (and its associated content). Visa may terminate this license at any time for any reason, whatsoever. You may use the Service on one mobile device for your own personal, non-commercial use. No part of the Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service, or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You may not take any action that imposes an unreasonable or disproportionately large load on the Service infrastructure.
Ownership
All materials contained on this Service are owned by Visa or third parties and may not be altered or redistributed. The marks, logos or All materials contained on this Service are owned by Visa or third parties and may not be altered or redistributed. The marks, logos or emblems displayed are subject to the trademark and other rights of Visa and its content providers. All rights to all materials contained on this Service not expressly granted in these Terms of Use are reserved to their respective owners. This Service may only be used for non-commercial personal purposes.
Limitation of Liability
The Service is available through your mobile device when it is within the operating coverage area of your carrier, and is subject to transmission limitation and interruption. THE SERVICE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VISA MAKES NO WARRANTY: (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY THIRD PARTIES AS PART OF THE SERVICE; (E) THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL VISA AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "VISA PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING CIRCUMSTANCES, EVEN IF A VISA PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (A) THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR A PROMOTIONAL OFFER; (B) YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION OR AVAILABLE THROUGH THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE SERVICE; OR (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF VISA FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ANY INFORMATION OR SERVICE OBTAINED BY YOU FROM VISA THROUGH THIS SERVICE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VISA?S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Third Party WAP sites, Websites, Content and Resources
The Service includes links or direct connections to other WAP sites, websites, contents or resources made available to you from third parties. For example, the Service may provide direct links to third party WAP sites or websites of participating retailers from the "Essentials" and "Adventures" section of the Service. Links to such third party WAP sites, websites, content and resources do not constitute an endorsement by Visa of such WAP sites, websites, content and resources. In addition, these third party WAP sites and websites may have privacy policies and practices quite different than privacy policy and practices of Visa. You understand that personal or other information submitted through a third party WAP site or website will be collected directly by the third party WAP site or website pursuant to their privacy policy. You acknowledge that Visa has no control over or responsibility for any such third party WAP sites, websites, content or resources or their privacy practices. You acknowledge and agree that Visa is not responsible for the availability or unavailability of any such third party WAP sites, websites, content or resources. You further acknowledge that Visa is not liable to you for any loss or damage which may be incurred by you as a result of these third party WAP sites, websites, content or resources. You acknowledge that any and all such links, WAP sites and websites are deemed to be third parties under these Terms of Use and Visa shall bear no liability in connection therewith.
Indemnification
You agree to indemnify, defend and hold harmless Visa against all claims, demands, causes of action, losses, expenses, damages and costs (including costs and any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct on the Service, any material that you submit to or transmit through the Service, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Service.
International Users
The Service is controlled, operated and administered by Visa from its offices within the United States. Visa makes no representation that materials on the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents available through the Service are illegal is prohibited. If you access this Service from a location outside of the United States, you are responsible for compliance with all local laws.
Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of California and further agree that any cause of action arising from or relating to the use of the Service or these Terms of Use shall be brought exclusively in the Federal or State Courts residing in San Francisco County, California.
Miscellaneous
These Terms of Use constitute the entire and only agreement between Visa and each user of the Service with respect to the subject matter of these Terms of Use. The section titles in these Terms of Use are provided solely for convenience and have no legal or contractual significance. If any provision of these Terms of Use be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. The failure of Visa to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.
Contact Us
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at askvisausa@visa.com. We will attempt to address any issue to the best of our abilities.
© 2009 Visa U.S.A. Inc.