TERMS AND CONDITIONS
Please note: You must accept these Terms and Conditions before viewing material on this site.
Visa U.S.A. Inc. ("Visa") maintains or arranges for the maintenance of the MoneyChoices Web Site (the "Site") as an educational service for Visa cardholders. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), are intended to educate Visa cardholders and to help Visa cardholders learn important financial planning and money-management skills. Any person who uses or otherwise accesses the Site or the Materials, however, must accept the terms and conditions of the following rules (the "Rules") and must abide by all applicable laws and regulations.
IT IS IMPORTANT THAT YOU ("YOU") READ CAREFULLY AND UNDERSTAND THE RULES. BY CLICKING THE "I ACCEPT" BUTTON LOCATED ON THIS PAGE, YOU AGREE TO BE BOUND BY THESE RULES. IF YOU DO NOT AGREE TO BE BOUND BY THESE RULES, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON. IF YOU DO NOT ACCEPT THESE RULES, YOU WILL NOT BE REGISTERED TO USE OR ACCESS THE SITE OR THE MATERIALS.
The Rules may be changed by Visa in the future. It is Your responsibility as a user of the Site and Materials to return periodically to this page to review the Rules for amendments. The amended terms will take effect automatically seven (7) days after posting. Your continued use of the Site or Materials following any amendments will constitute agreement to such amendments. These Rules were last revised on November 2, 1999.Visa reserves the right, without notice and for any reason, to remove any Material from the Site, and to deny access by any user to all or any part of the Site.
Downloading and Use
Unless otherwise specified on the Site, You may download Material displayed on the Site, and may use the downloaded Materials, solely for Your personal educational purposes. You may print a single copy of any textual Material available for downloading on the Site, and may execute a single copy of any software available for downloading on the Site ("Software"). You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Rules. Further, the Materials remain the property of Visa or its licensors or suppliers. Use or downloading of the Software and other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software or other Materials, including agreements of third parties. By acquiring or using the Materials, You agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by these Rules and, in any event, You may not distribute, modify, transmit or publicly display the Materials without the written consent of Visa or, if so indicated in writing by Visa, its licensors or suppliers.
Copyrights and Trademarks
Unless otherwise noted, the Materials and any intellectual property and other rights relating thereto are and will remain the property of Visa and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and You acknowledge that these rights are valid and enforceable. The Materials may be used solely to the extent necessary for Your authorized use of the Site, as provided in the Rules or as expressly authorized in writing by Visa or, if so indicated in writing by Visa, its licensors or suppliers.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Visa, Visa's licensors and suppliers, and others. The Trademarks owned by Visa, whether registered or unregistered, may not be used in connection with any product or service that is not Visa's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Visa. Nothing contained on the Site or within the Materials should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Visa, Visa's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks or any other Material is prohibited, and Visa will aggressively enforce its intellectual property rights in such Trademarks and Material, including via civil and criminal proceedings.
Confidentiality of Materials
The Site includes Materials that are confidential to Visa and its licensors and suppliers. You should assume that the Materials are confidential and proprietary unless otherwise indicated on the Site or apparent from the nature of such Materials (for example, publicly available forms or documents). You agree to maintain such Materials in confidence, to use such Materials only as provided hereunder, and not to disclose such Materials to third parties. This obligation will not apply to Materials that Visa has made generally available to the public.
Information Gathered From You By Visa
Non-Personally Identifiable Information
Visa collects and aggregates information indicating, among other things, the MoneyChoices courses or lessons in which visitors to the Site enroll, whether or not visitors to the Site complete the courses or lessons in which they enroll and the degree of successful completion of the courses or lessons. The non-personally identifiable information Visa collects helps Visa identify the most popular areas of the Site, determine the effectiveness of the MoneyChoices program and build higher quality, more useful online services. Visa uses this non-personally identifiable information in aggregate form to perform statistical analyses of the collective characteristics and behavior of visitors to the Site. Visa may disclose some of this statistical information to Visa member banks and card issuers, to inform them of the number of people who have participated in the MoneyChoices program and to provide statistical data on the success of the MoneyChoices program in achieving its goal of consumer education.
Personally identifiable information
In certain areas of the Site - for example, when registering to enroll in a course - Visa requests that You provide Visa with personally identifiable information. Specifically, if You seek to obtain recognition from Your Visa card issuer for completing a MoneyChoices course, You must submit to Visa Your social security number. Visa uses this information solely to process and report Your progress to Your Visa card issuer, and for no other purpose. Visa will not provide this personally identifiable information to any third party other than Your Visa card issuer. In addition, Visa requests (but does not require) that You provide Visa with an email address at which Visa may contact You in the future. Visa uses this information solely to allow Visa employees or agents to contact You after You have completed a MoneyChoices course, to provide Visa with feedback on the MoneyChoices program and its impact on Your financial planning and practice. Visa will not provide your email address to any third party.
Other than the non-personally identifiable and personally identifiable information described above, any communication or material You send to the Site, electronically or otherwise, including but not limited to responses to lesson exercises and tests, data, questions, comments, suggestions or submissions (but excluding Your social security number) (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary. By making a Submission to Visa on the Site, You agree to grant and hereby grant to Visa and any party authorized by Visa a non-exclusive, worldwide, perpetual, irrevocable, assignable and transferable license to reproduce, distribute, perform or display (publicly or otherwise), create derivative works from and otherwise use and exploit the Submissions (and to authorize others to do the same), in whole or in part and as may be edited or modified by Visa or any party authorized by Visa, for any purpose whatsoever, commercial or otherwise, in any form or media now existing or hereafter devised, without obligation of any kind. You also agree not to make any Submissions that violate or infringe in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property right) or that are otherwise unlawful. You will be solely liable for (and will indemnify and hold harmless Visa and any party authorized by Visa from) any damages arising from and relating to the Submissions or the use thereof, in whole or in part, by Visa or any party authorized by Visa.
Information Provided By Visa to You
Although Visa strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Visa endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In particular, the Materials may not reflect current legal developments, nor will they necessarily reflect the rules applicable to each jurisdiction or factual circumstance. Please contact Visa at (800) 922-8277 to determine whether You have the most recent version of the Materials made generally available by Visa, although even the most recent version available from Visa may not be up-to-date, accurate or complete. Visa does not make any representations or warranties with respect to the sufficiency, adequacy, accuracy, currency or reliability of the Materials and will not be liable for any lack of the foregoing.
No Financial, Credit-Related or Other Professional Advice
Visa hopes and believes that the Materials will be helpful as an educational tool and for background reference, but they should not be construed as financial, legal, accounting or other professional advice on any subject matter. Visa has endeavored to comply with legal and ethical requirements known to the Visa personnel who compiled this Site, but Visa is not engaged in rendering financial, legal, accounting or other professional services, and availability or use of the Materials is not intended to create, and does not create, any fiduciary, attorney-client, accounting-client or other professional services relationship. Specifically, Visa is not and does not hold itself out to be a collection agency, a credit reporting agency or a consumer credit counselling agency. Use of the Materials is not an adequate substitute for obtaining financial, legal, accounting or other professional advice from a professional licensed in Your jurisdiction. You agree You will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.
Neither Visa nor any of its licensors or suppliers makes any representations or warranties, either express or implied, of any kind with respect to the Site, the Materials, any linked web site or any other content or information available on or through the Site. All Materials, links and other content and information available on or through the Site are provided "AS IS" with no warranty. You agree that use of the Site and/or all Materials, links and other content and information available on or through the Site is at Your sole risk. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VISA AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, ANY LINKED WEB SITE OR ANY OTHER CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation on Liability
To the fullest extent permissible under applicable law, neither Visa nor any of its licensors or suppliers, nor its or their directors, officers, employees, consultants, agents or other representatives ("Service Providers") will be liable for any damage, loss or expense of any kind arising from or relating to Your access to or use of the Site, the Materials, any linked web site or any other content or information available on or through the Site, regardless of whether such liability is based in tort, contract, or otherwise. In no event will Visa, any of its licensors or suppliers, or any of its or their Service Providers be liable to any party for any indirect, special or consequential damages arising from or relating to use of or access to the Site, the Materials, any linked web site or any other content or information available on or through the Site, including, without limitation, any damages for loss of profits, business interruption, loss of programs or other data, loss of goodwill, work stoppage, computer failure or malfunction or otherwise, even if Visa or any of its licensors or suppliers is expressly advised of the possibility of such damages.
No Agency. These Rules will not be construed as creating an agency, partnership, joint venture or any other form of association between the parties; and the parties will at all times be and remain independent contractors. Except as expressly agreed by the parties in writing, neither party will have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever.
Notices. Except as explicitly stated otherwise, any notices will be given by email to email@example.com or such other address as Visa designates (in the case of Visa) or to the email address You provide to Visa during the registration process or the most current email address on file for You with Visa (in Your case) or such other address as either party specifies. Notice will be deemed given twenty-four (24) hours after an email is sent, unless the sending party is notified that the email address is invalid or the email is undeliverable. Alternatively, Visa may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Visa during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
Export Administration. You agree to comply fully with all relevant export laws and regulations, including but not limited to the laws and regulations of the United States and other countries ("Export Laws"), to assure that neither the Materials nor any direct product thereof are (1) exported, directly or indirectly, in violation of Export Laws; or (2) are used for any purposes prohibited by the Export Laws.
Governing Law. These Rules and the relationship between You and Visa, including, without limitation, Your use of or access to the Site, the Materials, any linked web site or any other content or information available on or through the Site, are to be construed in accordance with and governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. Each party hereby submits to the exclusive jurisdiction of the state and federal courts in San Francisco County, California, and waives any jurisdictional, venue or inconvenient forum objections to such courts.
Severability. In the event that any provision of these Rules (or any portion hereof) is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such provision (or part thereof) will be enforced to the fullest extent possible consistent with the purpose of such provision (or part thereof), or, if incapable of such enforcement, will be deemed to be severed and deleted from these Rules, while the remainder of the Rules will continue in full force and remain in effect according to its stated terms and conditions.
No Waiver. No failure or delay by either party in exercising any right, power or remedy under these Rules will operate as a waiver of any such right, power or remedy. No waiver of any provision of these Rules will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.
Disclosures. The Site is operated by Visa U.S.A. Inc., located at P.O. Box 8999, San Francisco, California 94128-8999 and all access to and use of the Site, the Materials or any other content or information available on or through the Site shall be deemed to occur in San Francisco, California. This Site is not operated by the various financial institutions that issue Visa cards. The terms of any agreement between a Visa cardholder and the financial institution that issued his/her card will have no effect on or relation to these Rules. Entire Agreement. These Rules constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of these Rules. Any amendments to these Rules by Visa will be effective when posted on the Site for seven (7) days. Nothing in these Rules will limit or supersede any of Visa's By-Laws or Operating Regulations (collectively the "Regulations"), all of which continue to govern the relationship between Visa and the financial institutions that are members of Visa. In the event of any apparent conflict between the terms of these Rules and the Regulations, the Regulations will govern.
If You have any questions, comments, criticisms, or complaints about Visa or this Site, please email Visa at firstname.lastname@example.org.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE RULES IN THEIR ENTIRETY, INCLUDING ANY RELATED THIRD-PARTY SOFTWARE LICENSE AGREEMENTS, (2) YOU AGREE TO THESE RULES, (3) YOU HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, BY SO CLICKING, THESE RULES CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.Copyright © 2000 - 2013 Visa. All rights reserved.
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