PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE FDR WIRELESS MOBILE MESSAGING SERVICES BROUGHT TO YOU BY YOUR CREDIT UNION. BY CHECKING THE BOX AND CLICKING THE "I AGREE" BUTTON ON THE SIGN-UP PAGE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO YOUR USE OF THE SERVICES AND ARE FURTHER REPRESENTING AND WARRANTING THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT.
(A) DEFINITIONS. The following definitions shall apply to this Agreement: (i) '"FDR" shall mean First Data Resources, LLC ; (ii) "PSCU" shall mean PSCU Incorporated (ii) "Credit Union" shall mean the credit union who issued the credit or debit card for which You registered to receive the Services; (iii) "You" and "Your" means the end user; the person registering for the Services; (iv) "Service" and "Services" shall mean the FDR SMS Messaging Services which allows You to receive SMS text messages and emails on, or send SMS text messages and emails from, a wireless mobile device; and (v) "SMS" means telephony messaging systems and emails that allow for the sending of messages between mobile devices that consist of short messages, usually up to 160 characters in length.
(B) USAGE TERMS. You acknowledge and agree that the Services are provided by FDR and PSCU through the Credit Union. The Service will be provided to You pursuant to the following usage terms. You will not permit the Services to be used to transmit or disseminate any:
- Junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom You do not otherwise have a legal right to send such material;
- Material that infringes or violates any third party's intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider;
- Materials or data that is illegal, harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of FDR, PSCU or any service provider involved in the provision of the Services;
- Material or data (other than material or data which is required information in connection with a legal charge card purchase) that is alcoholic beverage related (e.g. beer, wine, or liquor), tobacco related (e.g. cigarettes, cigars, pipes, chewing tobacco), guns or weapons related (e.g. firearms, bullets), illegal drugs related (e.g. marijuana, cocaine), pornographic related (e.g. adult themes, sexual content), crime related (e.g. organized crime, notorious characters), violence related (e.g. violent games), death related (e.g. funeral homes, mortuaries), hate related (e.g. racist organizations), gambling related (e.g. casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier;
- Viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
- Material or information that is false, misleading, or inaccurate;
- Material that would expose FDR, PSCU, any service provider involved in providing the Services, or any third party to liability;
- Any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of FDR, PSCU, or any other party; and/or
- Any additional or supplementary content identified by a network operator or related services provider from time to time as being prohibited content.
You understand and agree that the Services shall be transmitted over various third party networks and systems and that neither FDR nor PSCU shall not be responsible for the confidentiality, privacy, or data security of any information or data of Financial Institution (including but not limited to any personal information), nor for any Payment Card Industry (PCI) compliance or other confidentiality, privacy, or data security laws, rules, regulations, guidelines or obligations related to such information or data of Financial Institution to the extent that such information or data is provided to a network operator or other service provider upon which the SMS Messaging Services is dependent. The Services are initiated to United States and Canadian carriers only, and do not include service to any countries except to the extent that (i) such United States or Canadian carriers have in place any necessary relationship and infrastructure with carriers in other countries to enable services in such countries and (ii) the device used by You allows such service to other countries.
(C) CHANGES TO RULES AND PROCEDURES. The provision of any or all of the Services may be suspended at any time. The Service descriptions or pricing terms may be amended or modified at any time.
(D) AS IS. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER FDR NOR PSCU MAKE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE PROGRAM OR HOW THE SERVICES WILL FUNCTION. WITHOUT LIMITING THE FOREGOING, FDR AND PSCU SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. THE SERVICES ARE RELIANT ON THE AVAILABILITY OF, AND YOUR ACCESS TO, PHONE CARRIER ACCESS TO WHICH FDR AND PSCU HAVE NO RESPONSIBILITY. YOU ACKNOWLEDGE THAT YOU MAY NOT BE ABLE TO USE THE SERVICES OR THAT THE SERVICES MAY BE INTERRUPTED OR TEMPORARILY UNAVAILABLE DUE TO TRANSMISSION LIMITATIONS AND SERVICE INTERRUPTIONS CASUSED BY THE PHONE CARRIER WHICH ARE BEYOND THE CONTROL OF FDR AND PSCU. YOU SHOULD CHECK WITH YOUR PHONE CARRIER TO ENSURE THAT THE EQUIPMENT/SERVICES PROVIDED BY THE PHONE CARRIER ARE CAPABLE OF PROVIDING THE FUNCTIONALITY NECESSARY TO RECEIVE THE SERVICES. NEITHER FDR, NOR PSCU SHALL BE LIABLE TO YOU FOR ANY DAMAGES INCURRED DUE TO THE REMOVAL, SUSPENTION OR TERMINATION OF THE SERVICES.
(E) LAWS, RULES AND REGULATIONS. You shall comply with any and all laws, ordinances, governmental rules or regulations or other legal requirements applicable to the Services.
(F) LIMITIATION OF LIABILITY. TO THE MAXIMUM EXENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PSCU BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR THE USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IN ADVISED OF THE POSSIBILITY THEREOF, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PSCU'S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THESE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM. YOU SHALL NOT BRING ANY CLAIMS DIRECTLY AGAINST PSCU, BUT RATHER, ANY CLAIMS MUST BE BROUGHT BY YOUR CREDIT UNION AGAINST PSCU ON YOUR BEHALF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXLCUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITIATIONS MAY NOT APPLY TO YOU.
(G) INDEMNIFICATION. To the maximum extent permitted by law, You agree to defend, indemnify and hold PSCU harmless from and against any and all claims, suits, damages, losses, liability, costs or expenses (including but not limited to reasonable attorney's fees) arising from or incurred as a result of your use of the Services or your violation of this Agreement.
(H) MISCELLANEOUS. Automated Fraud Alerts Services utilizes an automatic telephone dialing system to produce pre-recorded voice calls in conjunction with SMS text alerts to contact cardholders in the fraud notification alert process. In addition to SMS text messages, you could receive pre-recorded voice calls in an attempt to confirm account transactions. You are responsible for phone minutes, web access, roaming, data, text messaging and any other charges that may be accessed by Your mobile carrier while using the Services. You agree that all claims and disputes arising out of or relating to this Agreement, including the arbitrability of any claim or dispute, shall be submitted to final and binding arbitration in Tampa, Florida pursuant to the rules of the American Arbitration Association, with the exception that the Florida Rules of Civil Procedure relating to discovery in existence in the State of Florida at the time of such arbitration shall apply to such arbitration.