Visa Mobile Terms & Conditions

PLEASE CAREFULLY READ THE FOLLOWING PRIVACY POLICY AND TERMS AND CONDITIONS BEFORE ACCESSING, ACTIVATING OR OTHERWISE USING THE VISA MOBILE APPLICATION AND ITS RELATED SERVICES (COLLECTIVELY, THE "APPLICATION"). BY CLICKING ON THE "ACCEPT" BUTTON BELOW OR OTHERWISE USING THE Application, you AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND PRIVACY POLICY (COLLECTIVELY, THE "Agreement") and represent and warrant that you have the right, authority, and capacity to enter into this Agreement.

HIGHLIGHTS:

- Our privacy statement discloses how we collect, use, share and secure your personal information in connection with the Application.

- If you choose to use your location in connection with a location-based service, we will collect and use your location- based information.

- Certain services, such as Mobile Offers and service-related notifications related to the Application, may be provided in the form of text messages delivered to your registered mobile device instead of directly through the installed Application. By registering your mobile device, you agree to receive such promotional and other SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in this Agreement or in the body of the SMS message.

A. The Application.

1. Services: The Application is a collection of mobile services offered by Visa U.S.A., Inc. (referred to herein as "Visa", "us", "we" or "our") to Visa cardholders possessing a compatible mobile device. Many of the services are provided by Visa directly. However, certain services may be provided by the issuing bank of the Visa card you register in connection with the Application ("Issuing Bank"). The Application will send direct to your mobile device discount offers and coupons (collectively, "Mobile Offers"). The Application also includes a locator function which may allow you to find the ATMs of your Issuing Bank nearest to your current location, as well as the merchant locations nearest your location for any current Mobile Offer ("Mobile Locator"). For the purpose of this Agreement, "Equipment" shall mean any hardware, software or networks associated with bringing you the Application, including, but not limited to, your mobile device. Unless explicitly stated otherwise, any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to this Agreement. AT ANY TIME DURING OR AFTER THE SERVICE, WE MAY PROVIDE YOU WITH A SURVEY OR ASK YOU FOR SUGGESTIONS, FEEDBACK OR COMMENTS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU ARE UNDER NO OBLIGATION TO RESPOND TO SUCH REQUESTS; HOWEVER, IN THE EVENT THAT YOU PROVIDE ANY FEEDBACK, SUCH FEEDBACK, AND ANY USAGE STATISTICS, METRICS OR OTHER DATA GENERATED BY YOUR USE OF YOUR EQUIPMENT WITH RESPECT TO THIS SERVICE SHALL BE THE SOLE PROPERTY OF VISA.

2. SMS: You acknowledge that certain services, such as Mobile Offers, and service-related information, such as the availability of Application upgrades, may be provided for a time in the form of text messages delivered to your registered mobile device instead of directly through the installed Application. By registering your mobile device by providing us your mobile phone number and clicking the "ACCEPT" button, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in this Agreement or in the body of the SMS message. Visa will not use your mobile phone number for marketing purposes or send you SMS-based communications related to any products, services or promotions other than the confirmation messages, Mobile Offers and critical information outlined above.

B. Privacy Policy.

1. Collection of Personally Identifiable Information ("PII"): We collect PII that is volunteered in connection with the Application. To register for the Application, you will be required to provide the following PII: first and last name, Visa account number, expiration date of the Visa account, CVV2 code, billing address associated with the Visa account and email address. Also, device information, including, without limitation, your mobile number, will be captured during communications. PII will not be sent to or stored on your device.

2. Use and Sharing of PII: Visa reserves the right to use PII (and location information if you choose to use a Application location-based service): (i) for the specific purpose for which such information was provided; (ii) as disclosed at the time such information is provided; and/or (iii) as disclosed in this section. Finally, Visa may disclose PII (and location information if you choose to use a Application location-based service) in order to: (i) comply with applicable laws; (ii) respond to governmental inquiries; (iii) comply with valid legal process; and (iv) protect our rights or property, this Application and/or other users of this Application.

3. Non-Personally Identifiable Information: We collect non-PII regarding your Mobile Offers settings in connection with the Application, which settings include your preferences with respect to which Mobile Offers you choose to receive. We do not use cookies to collect information. We store non-PII in our systems, and only share your non-PII with third parties such as business partners (or provide it in response to government request) in the aggregate with other users’ non-PII. To the extent we combine PII with non-PII, we will treat the combined information as PII under this Agreement.

4. Third Party Agents: We may employ third parties to perform services on our behalf, such as administering the Application. Such third parties will have access to PII (and your location information if you choose to use an Application location-based service) only to the extent necessary to perform their services, but will not be permitted to use it for any other purpose.

5. Security: Protecting the security of your personal information is very important to us. When you transmit personal information from your mobile device 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 data transmission via a mobile device 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 device and vice versa and we cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information. By using the Application, you acknowledge this risk when using the Application.

6. Transfer in Certain Circumstances: In our sole discretion, we may transfer, sell or assign information collected on and through the Application, including without limitation, PII 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.

7. Location-Based Services: We collect location-based information in order to provide the specific Application location-based service you request. You understand that Application location-based services (such as Mobile Locator) require a location to function properly and your use signifies your agreement to use your location for purposes of the service. If you do not want us to use location-based information, please refrain from using a location based service or click "DON’T ALLOW" when your mobile device requests your location-based information. Except as set forth in this Agreement, your location will not be shared with third parties without your specific consent.

C. Eligibility. The Application is only available to individuals who are: (i) of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) own a Visa card that is in good standing and eligible for the Application ("Visa Card"), and (iii) own or have a compatible mobile device.

D. Services.

1. Mobile Offers. To redeem Mobile Offers, (i) you must show the offer message and/or coupon graphic containing the Mobile Offer to the merchant at a participating location, and (ii) your purchase must be charged in full to your Visa Card. Each Mobile Offer is subject to the terms and conditions specified herein and in the details related to the specific Mobile Offer, if any, and only valid during the times specified in the specific Mobile Offer.

The Mobile Offers are solely for your use and you may not distribute or share any Mobile Offer with any other individual, regardless of whether or not he/she is eligible to participate in the Application. You may only use each Mobile Offer once, unless otherwise set forth in the Mobile Offer terms and conditions provided by the applicable merchant.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO EVERY MOBILE OFFER, UNLESS OTHERWISE SPECIFIED IN THE TEXT OF THE MOBILE OFFER, THE MOBILE OFFER TERMS AND CONDITIONS OR AT THE POINT OF PURCHASE: SUBJECT TO AVAILABILITY; LIMIT ONE OFFER PER CARDMEMBER; OFFER CAN ONLY BE REDEEMED BY SHOWING MOBILE OFFER TO MERCHANT; OFFER VALID IN-STORE OR ONLINE ONLY (AS APPLICABLE AND AS STATED IN THE ACTUAL OFFER DETAILS); OFFER CANNOT BE COMBINED WITH OTHER PROMOTIONS OR OFFERS AND IS NOT REDEEMABLE FOR CASH; OFFER NOT VALID ON GIFT CARDS, GIFT CERTIFICATES, OR PRIOR PURCHASES; TAXES AND GRATUITIES NOT INCLUDED; ALCOHOLIC BEVERAGES NOT INCLUDED; AND VALID ONLY IN THE U.S.A. (OR, IF AN ONLINE OFFER, WHERE EVER THE MERCHANT SHIPS). OTHER RESTRICTIONS MAY APPLY. SEE MOBILE OFFER TEXT MESSAGE FOR FURTHER DETAILS.

2. Mobile Locator. Mobile Locator is dependent on your wireless service and coverage within the area in which you are located at that time. Mobile Locator may not be available in all areas. Actual distance between your present location and nearest Issuing Bank ATM and/or merchant location provided by Mobile Locator will vary depending on the area in which you are located (i.e., more locations will be provided if you are located in or near a city versus a rural location).

E. No Amendment of Existing Terms and Conditions For Cards. THE MOBILE OFFERS THAT ARE PROVIDED TO YOU THROUGH THIS SERVICE DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR VISA CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR CARDMEMBER AGREEMENT.

F. Fees. Visa does not charge for use of the Application available as of the date you agree to these terms and conditions. However, standard data and text rates apply for each text message sent from and received by your mobile device as determined by your wireless provider and you are solely responsible for such charges and any other charges from your wireless provider. You should contact your wireless provider for complete pricing details.

G. Registration/Termination of Participation.

1. Installation: Prior to registration, you must install the Application on your compatible mobile device following the installation instructions. Afterwards, you must register your Visa Card, confirm eligibility and activate your Application installation with your Visa Card. Certain services may require the participation of your Issuing Bank. For these Application services, only participating Visa Cards may register.

2. Activation: In order to activate your Application, you must register your mobile number and mobile device through the Application. Upon entering your mobile number, you will receive an activation code you must enter into Application. If the correct activation code is entered, the installed Application will be ready to customize and use. If you enter the activation code incorrectly during three (3) consecutive attempts to access the Application, you will be locked out of the Application for twenty-four (24) hours following the date and time of your third attempt and you will be notified of the lock-out after your third attempt. In the event that you are having trouble with activation, please call 1-888-615-8260 between 8am - 8pm ET, Monday through Friday except holidays.

3. Registration Information: In order to fully utilize the Application, you are required to create an account ("Account"). If you choose to register for an Account, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Application. You acknowledge and agree that Visa will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Application. If Visa has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, Visa may suspend or terminate your Account and refuse any and all current or future use of the Application (or any portion thereof) by you.

4. Unauthorized Use: You agree not to provide access to your mobile device to anyone you do not authorize to use your Account. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with this Agreement. You acknowledge and agree that any use of the Application occurring through your installed Application shall be deemed to be your actions and that Visa may rely upon such actions. You are solely responsible for protecting the security of the installed Application on your mobile device.

5. Termination. Please note that uninstalling the application will not terminate your participation in the Application. To opt-out of Mobile Offers from within the Application, please select "Settings" and then change your "Service options" accordingly. To opt-out of receiving Mobile Offers sent via text message at any time, text "offers STOP" as a reply to any SMS message received as part of the Application. To opt-out of participating in the Application in its entirety at any time, you may text "STOP", "END", “CANCEL" or "UNSUBSCRIBE" as a reply to any SMS message received as part of the Application. If you choose to opt-out of participating in the Application in its entirety, uninstall the Application by following these instructions: 1) touch and hold the Application icon on the Home screen until the icons start to wiggle; 2) tap in the corner of the Application icon; and 3) tap delete and then press the Home button to save your arrangement. You may also follow the directions within the instruction guide for your mobile device to uninstall the Application.

H. Availability/Interruption. The Application is available through your Equipment when it is within the operating range of a wireless carrier. The Application is subject to transmission limitation or interruption. Visa does not guarantee that the Application (or any portion thereof) will be available at all times and/or in all areas. You acknowledge and agree that we are not responsible for performance degradation, interruption or delays due to conditions due to the Equipment. You acknowledge that Visa shall not be liable to you if the Application in a given location is not available. If the Application is not available within your intended location, you agree that your sole remedy shall be to terminate this Agreement.

I. Modifications to Application. Visa reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.

J. Abuse. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment.

K. Changes to this Agreement. We may change or modify this Agreement, including Application features, from time to time by informing you of such change when you connect your device to the gateway. You will be notified that a new version of the Application is available and you will be asked if you wish to upgrade to a new version of the Application.If you do not upgrade to the new version of the Application, please follow the instructions provided to terminate your participation in the Application. If you use the Application after the upgrade in the Application or to this Agreement, you agree to such change and its applicability to you.

L. Limitations

1. No Warranties – The Application, Equipment, Computer, and Software. VISA SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Application OR EQUIPMENT. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE Application AND EQUIPMENT ARE AT YOUR SOLE RISK. THE Application AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

2. No Warranties – Mobile Offers. VISA SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE MOBILE OFFERS, AND GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH THE SERVICE, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. You agree that Visa is not responsible for the failure of any participating merchant to honor any Mobile Offer.

3. Limitation of Liability. IN NO EVENT SHALL THE VISA PARTIES, AS DEFINED BELOW, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PROVIDE THE APPLICATION (OR ANY PART THEREOF) OR PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

IN ADDITION, NOTWITHSTANDING ANYTHING CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE APPLICATION AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE APPLICATION ERROR-FREE OR UNINTERRUPTED, WE MAKE NO REPRESENTATION AND WARRANTY THAT OUR EFFORTS WILL BE SUCCESSFUL AT ALL TIMES, AND WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO OUR FAILURE TO PROTECT THE APPLICATION OR PROVIDE THE APPLICATION ERROR-FREE OR UNINTERRUPTED.

4. Indemnity. You agree to indemnify and hold harmless Visa, its respective financial institutions, the Issuing Bank, merchant, wireless carrier, and their respective affiliates, advertising and promotion agencies and their service providers and all of their respective officers, directors, employees and agents (collectively, the "Visa Parties") from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Application in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.

5. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Dispute Resolution. Any claim between you and Visa arising out of, or connected with this Agreement or the Application shall be resolved exclusively within the federal and state courts residing within San Francisco County, State of California, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts. Any claim between you and your Issuing Bank shall be handled in accordance with the dispute resolution provisions of the agreement governing your Visa Card account.

7. Survival. THIS SECTION L SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

M. Miscellaneous. Assignment: You may not assign this Agreement without Visa's prior written consent. Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF CALIFORNIA, U.S.A. Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Application. You agree that you will not export or re-export the Application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. Additional Provisions: The Application is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

N. Contact Us. If you have any questions about the Application, please visit www.visa.com/mobile or call 1-888-615-8260 between 8am - 8pm ET, Monday through Friday except holidays. If you have any questions about your Visa Card or any transaction associated with your Visa Card, please contact your Issuing Bank directly.

Last updated: September 1, 2010

VISA MOBILE APPLICATION - BLACKBERRY SMARTPHONES
TERMS AND CONDITIONS / PRIVACY POLICY

PLEASE CAREFULLY READ THE FOLLOWING PRIVACY POLICY AND TERMS AND CONDITIONS BEFORE ACCESSING, ACTIVATING OR OTHERWISE USING THE VISA MOBILE APPLICATION AND ITS RELATED SERVICES (COLLECTIVELY, THE "APPLICATION"). BY CLICKING ON THE "ACCEPT" BUTTON BELOW OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND PRIVACY POLICY (COLLECTIVELY, THE "AGREEMENT") AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.

HIGHLIGHTS:

- Our privacy statement discloses how we collect, use, share and secure your personal information in connection with the Application. [See Section B]

- If you choose to use your location in connection with a location-based service, we will collect and use your location- based information. [See Section B.7]

- Certain services, such as critical service-related notifications related to the Application, may be provided in the form of text messages delivered to your registered mobile device instead of directly through the installed Application. By registering your mobile device, you agree to receive SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in this Agreement or in the body of the SMS message. [See Sections A.2 and G.4]

A. The Application

2. SMS: You acknowledge that certain services, such as critical service-related information may be provided in the form of text messages delivered to your registered mobile device instead of directly through the installed Application. By registering your mobile device by providing us your mobile phone number and clicking the "ACCEPT" button, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in this Agreement or in the body of the SMS message. Visa will not use your mobile phone number for marketing purposes or send you SMS-based communications related to any products, services or promotions other than critical service-related information outlined above.

B. Privacy Policy

8. Mobile Number Access: If you download and register the Application, during the registration process we will automatically obtain the mobile number associated with your BlackBerry device directly from your BlackBerry device.

C. Eligibility: The Application is only available to individuals who are: (i) of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) own a Visa card that is in good standing and eligible for the Application ("Visa Card"), and (iii) own or have a compatible mobile device.

D. Services

1. Mobile Offers: To redeem Mobile Offers, (i) you must show the offer message and/or coupon graphic containing the Mobile Offer to the merchant at a participating location, and (ii) your purchase must be charged in full to your Visa Card. Each Mobile Offer is subject to the terms and conditions specified herein and in the details related to the specific Mobile Offer, if any, and only valid during the times specified in the specific Mobile Offer.

2. Mobile Locator: Mobile Locator is dependent on your wireless service and coverage within the area in which you are located at that time. Mobile Locator may not be available in all areas. Actual distance between your present location and nearest Issuing Bank ATM and/or merchant location provided by Mobile Locator will vary depending on the area in which you are located (i.e., more locations will be provided if you are located in or near a city versus a rural location).

E. No Amendment of Existing Terms and Conditions For Cards: THE MOBILE OFFERS THAT ARE PROVIDED TO YOU THROUGH THIS SERVICE DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR VISA CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR CARDMEMBER AGREEMENT.

F. Fees: Visa does not charge for use of the Application available as of the date you agree to these terms and conditions. However, standard data and text rates apply for each text message sent from and received by your mobile device as determined by your wireless provider and you are solely responsible for such charges and any other charges from your wireless provider. You further acknowledge that the Application uses network services and may incur additional network data charges (including additional charges when roaming). You should contact your wireless provider for complete pricing details.

G. Registration/Termination of Participation

1. Installation: Prior to registration, you must install the Application on your compatible mobile device following the installation instructions. Afterwards, you must register your Visa Card, confirm eligibility and activate your Application installation with your Visa Card. Certain services may require the participation of your Issuing Bank. For these Application services, only participating Visa Cards may register.

2. Registration Information: In order to fully utilize the Application, you are required to create an account ("Account"). If you choose to register for an Account, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Application. You acknowledge and agree that Visa will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Application. If Visa has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, Visa may suspend or terminate your Account and refuse any and all current or future use of the Application (or any portion thereof) by you.

3. Unauthorized Use: You agree not to provide access to your mobile device to anyone you do not authorize to use your Account. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with this Agreement. You acknowledge and agree that any use of the Application occurring through your installed Application shall be deemed to be your actions and that Visa may rely upon such actions. You are solely responsible for protecting the security of the installed Application on your mobile device.

4. Termination: Please note that uninstalling the application will not terminate your participation in the Application. To opt-out of Mobile Offers from within the Application, please select “Settings”, “Service Options” and then change your “Service Options” accordingly. To opt-out of receiving Mobile Offers sent via text message at any time, text "offers STOP" as a reply to any SMS message received as part of the Application. To opt-out of participating in the Application in its entirety at any time, you may text "STOP", "END", “CANCEL" or "UNSUBSCRIBE" as a reply to any SMS message received as part of the Application. If you choose to opt-out of participating in the Application in its entirety, uninstall the Application by following the directions within the instruction guide for your BlackBerry mobile device.

H. Availability/Interruption: The Application is available through your Equipment when it is within the operating range of a wireless carrier. The Application is subject to transmission limitation or interruption. Visa does not guarantee that the Application (or any portion thereof) will be available at all times and/or in all areas. You acknowledge and agree that we are not responsible for performance degradation, interruption or delays due to conditions due to the Equipment. You acknowledge that Visa shall not be liable to you if the Application in a given location is not available. If the Application is not available within your intended location, you agree that your sole remedy shall be to terminate this Agreement.

I. Modifications to Application: Visa reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.

J. Abuse: You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment.

K. Changes to this Agreement: We may change or modify this Agreement, including Application features, from time to time by informing you of such change when you connect your device to the gateway. You will be notified that a new version of the Application is available and you will be asked if you wish to upgrade to a new version of the Application. If you do not upgrade to the new version of the Application, please follow the instructions provided to terminate your participation in the Application. If you use the Application after the upgrade in the Application or to this Agreement, you agree to such change and its applicability to you.

L. Limitations

1. No Warranties – The Application, Equipment, Computer, and Software: VISA SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR EQUIPMENT. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE APPLICATION AND EQUIPMENT ARE AT YOUR SOLE RISK. THE APPLICATION AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

2. No Warranties – Mobile Offers: VISA SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE MOBILE OFFERS, AND GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH THE SERVICE, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT VISA IS NOT RESPONSIBLE FOR THE FAILURE OF ANY PARTICIPATING MERCHANT TO HONOR ANY MOBILE OFFER.

3. Limitation of Liability: IN NO EVENT SHALL THE VISA PARTIES, AS DEFINED BELOW, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

IN NO EVENT SHALL RESEARCH IN MOTION LIMITED ("RIM") OR ANY MERCHANT OF RECORD MAKING THE APPLICATION AVAILABLE THROUGH ITS VIRTUAL STOREFRONT ("MOR") BE LIABLE FOR ANY DAMAGES WHATSOEVER, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATED TO THE APPLICATION MADE AVAILABLE THROUGH THE BLACKBERRY APP WORLD, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE SALE, DISTRIBUTION OR USE OF THE APPLICATION OR THE PERFORMANCE (OR NON-PERFORMANCE) OF THE APPLICATION. RIM AND MOR SHALL BE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT WITH RESPECT TO THIS PARAGRAPH.

4. Indemnity: You agree to indemnify and hold harmless Visa, its respective financial institutions, the Issuing Bank, merchant, wireless carrier, and their respective affiliates, advertising and promotion agencies and their service providers and all of their respective officers, directors, employees and agents (collectively, the "Visa Parties") from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Application in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.

5. Exclusions and Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Dispute Resolution: Any claim between you and Visa arising out of, or connected with this Agreement or the Application shall be resolved exclusively within the federal and state courts residing within San Francisco County, State of California, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts. Any claim between you and your Issuing Bank shall be handled in accordance with the dispute resolution provisions of the agreement governing your Visa Card account.

7. Survival: THIS SECTION L SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

M. Miscellaneous: Assignment: You may not assign this Agreement without Visa's prior written consent. Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF CALIFORNIA, U.S.A. Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Application. You agree that you will not export or re-export the Application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. Additional Provisions: The Application is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

N. Contact Us: If you have any questions about the Application, please visit www.visa.com/mobile or call 1-888-615-8260 between 8am - 8pm ET, Monday through Friday except holidays. If you have any questions about your Visa Card or any transaction associated with your Visa Card, please contact your Issuing Bank directly.

Last updated: July 22, 2010

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