PLEASE CAREFULLY READ THE FOLLOWING TERMS BECAUSE THEY ARE THE CONTRACT FOR ACCOUNT ALERTS FOR THE PASS FROM AMERICAN EXPRESS(SM) CARD (the "Service"). BY REGISTERING FOR OR USING THE SERVICE, YOU INDICATE THAT YOU AGREE TO THESE TERMS AND YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. ("TRS", "we" or "us"). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT TAKE ANY OF THE ABOVE ACTIONS (I.E., DO NOT REGISTER FOR OR USE THE SERVICE). YOU SHOULD PRINT OR SAVE AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
TRS IS WILLING TO PROVIDE YOU THE SERVICE ONLY IF YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS:
When we say "you," we mean both the purchaser of a PASS from American Express(SM) Prepaid Card ("Card" or "PASS Card") and the person who is authorized to use the Card who has registered the Card at a mericanexpress.com/pass ("Website") and who is eligible, and has elected, to receive certain notifications described from time to time in the "Sign Up For Alerts" section of the Website as "alerts" ("Alerts"). "Cardmember Agreement" means the PASS Card Cardmememberr Agreements that govern your purchase and use of the Card. This Agreement is a part of and incorporated by reference into the Cardmember Agreement.
The Service is provided by email or via short message text messages ultimately sent through the facilities of service provider(s) supplying wireless service in connection with the electronic address or mobile number you designate from time to time for receipt of the Service ("Wireless Service Provider") and/or a computer or similar device having access to the Internet ("Computer"). A "Content Provider" is a third party provider of information to the Service. A "Technology Provider" is a third party provider of technology services used to operate the Service. "Equipment" means the wireless receiving equipment through which you intend to access and use the Service from time to time. "System" means the computer hardware and software owned or operated by TRS or any Technology Provider and used from time to time in providing the Service. We define other terms elsewhere in this Agreement
B. YOUR CONSENT TO RECEIVE MESSAGES FROM AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"); IDENTIFICATION.
In connection with signing-up for Alerts, you will be asked to provide your prior express consent to being contacted by us at the mobile number you provide to us in connection with your consent (or as updated by you from time to time). You agree that the Alerts may include, without limitation, text messages from an ATDS system or from an ATDS-capable system (including without limitation, any System we or our Technology Providers may use from time to time). You agree to print or save and retain a copy of your consent for your records. If you ever want to withdraw your consent, you may do so by turning off all SMS/text notifications through the Service by visiting the "Sign Up For Alerts" section of the Website. You may also unsubscribe from all SMS/text message Alerts by sending "STOP" to 91315 from the mobile number you have provided for receipt of the Service.
Some text messages are limited in size so you agree that we may send a code to help identify us. The code "91315" has been assigned to TRS and is intended to identify us as the sender of the message. Our legal name is "American Express Travel Related Services Company, Inc." and our telephone number and address are as follows: 1-877-405--7277; 200 Vesey Street, New York, NY 10285. You may contact us there, including to verify whether a message using our code came from us.
C. No Amendment of Existing Terms and Conditions For Cards
These Terms apply in addition to the Cardmember Agreement, and by signing up for the Service, you agree to comply with these Terms and you ratify your agreement to the Cardmember Agreement.
THE ALERTS THAT YOU SELECT TO BE PROVIDED TO YOU THROUGH THIS SERVICE ARE FOR CONVENIENCE PURPOSES ONLY. UNLESS SPECIFICALLY STATED OTHERWISE, THE ALERTS ARE NOT REAL TIME. THEY DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU PURSUANT TO THE CARDMEMBER AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR CARD OR THE STATUS OF YOUR ACCOUNT (SUCH AS THE CURRENT AVAILABLE BALANCE), YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE OUR ONLINE CUSTOMER SUPPORT AVAILABLE AT THE WEBSITE.
D. Optional Service; Fees; Changing Your Alerts Preferences
The Service is optional and TRS does not charge for use of the Service or access to the Information (defined below) available as of the date you agree to these Terms. However, your Wireless Service Provider's standard message and data rates may apply to your receipt of messages by your Equipment through the Service, and you are solely responsible for such charges.
You may change your Alerts preferences at any time by visiting the "Sign Up For Alerts" section of the Website. You may also unsubscribe from all SMS/text message Alerts by sending "STOP" to 91315 from the mobile number you have provided for receipt of the Service.
We are providing you with access to various types of information through the Service which may include, without limitation, account and financial information (the "Information") which is solely for your own use and not for further redistribution. The Information is TRS's property and is protected by applicable law. TRS reserves any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but TRS and its Technology Providers do not warrant or guarantee such accuracy or timeliness.
The Service and System are available through your Equipment when it is within the operating range of your Wireless Service Provider or a Computer having an active connection to the Internet. The Service is subject to transmission limitation or interruption. You acknowledge and agree that we are not responsible for performance degradation and delays, including but not limited to any due to conditions on the Internet, Equipment, your Computer or actions of the Content Providers or Technology Providers. You acknowledge that TRS, Content Providers and Technology Providers shall not be liable to you if the Service in a given location is not available. If the Service is not available within your intended location, you agree that your sole remedy shall be to cease using the Service as described in these Terms.
G. Use of Service/Equipment
You agree not to use the Service for any unlawful or abusive purpose or in any way, which damages TRS's property or interferes with or disrupts the System or other users. Resale of the Service is prohibited without prior contract arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Equipment and Computer are compatible with the Service and System and meets federal standards.
H. Privacy and Security
Any information provided to TRS by you in association with the Service shall be governed by the PASS Card Privacy Notice (americanexpress.com/passprivacy).You acknowledge that Alerts are delivered over public communication or similar facilities that are not under the control of TRS and that have inherent security vulnerabilities. For example, transmissions are not encrypted. If you are uncomfortable with the risk that others might see your Alerts, do not sign up for them or only sign up for those that you would not mind others seeing. Also, do not lend your Equipment to others who might see an Alert delivered to that Equipment.
You authorize TRS's monitoring and recording of calls to us concerning your account or the Service. You agree that we may intercept and disclose any messages using TRS's facilities in order to protect TRS's rights or property and for any other purpose not prohibited by law. You also agree that TRS may look at your messages if we believe, in our good faith discretion, that it is advisable to protect TRS or others from injury or damage (although we do not undertake a duty to do that). We reserve the right to take any appropriate action if we become aware of any use of the Service we believe violates any law or is otherwise wrongful.
I. Passwords and Unauthorized Usage
If your Equipment is lost or stolen or if Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to your Equipment or Computer, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage. You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities which occur under online your account through which you signed up for the Service. Any person able to provide the personal information requested by TRS customer support is authorized by you to receive information about your account, and to make changes to the account. We are not liable for any disclosure of information to any such person or for any changes to your account made by any such person.
J. Changes to this Agreement and Cancellation of the Service
We may change or modify this Agreement, including Service features, from time to time by using the same procedures we may use to change the Cardmember Agreement. If you do not agree with the current or modified Terms, you must cease using the Service immediately and unsubscribe by visiting the "Sign Up For Alerts" section of the Website and turning off all notifications. You may also unsubscribe from all SMS/text message Alerts by sending "STOP" to 91315 from the mobile number you have provided for receipt of the Service.
1. No Warranties
TRS SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, COMPUTER OR SOFTWARE PROVIDED BY YOU AND IN NO WAY WARRANTS THE CAPABILITIES OF ANY SUCH EQUIPMENT, COMPUTER OR SOFTWARE USED IN CONJUNCTION WITH THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE SERVICE AND SYSTEM ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE ARE NOT LIABLE FOR SERVICE OR SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE, SYSTEM, YOUR COMPUTER OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON TRS'S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR YOUR COMPUTER AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. TRS MAKES NO WARRANTY THAT THE SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO TRS OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. TRS OR ITS CONTENT OR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE OR SYSTEM AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 2. Limitation of Liability for the Service
TRS and its parent companies, subsidiaries and affiliates, including their directors, officers and employees (collectively, "TRS Companies") shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use or our provision of the Service, (ii) access to the System (iii) your use of any Equipment or Computer in connection with the Service or for Equipment or Computer failure or modification, (iv) the content of Information or other materials included with or accessed via use of the Service, (v) the failure to deliver any Alerts or the delivery of Alerts at times different that the times that you have designated (if designations are available through the Service), (vi) any acts or omissions of any Content or Technology Providers, (vii) for System failure or modification, or (viii) any "force majeure" (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of TRS or its Content or Technology Providers. TRS COMPANIES OR THE CONTENT OR TECHNOLOGY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TRS AND/OR ITS CONTENT OR TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 3. Limitation of Action
NEITHER OF US MAY BRING A LEGAL ACTION WITH RESPECT TO THESE TERMS MORE THAN EIGHTEEN (18) MONTHS AFTER THE LEGAL ACTION ACCRUES. 4. Maximum Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE MAXIMUM LIABILITY OF TRS FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, TRS'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 5. Survival
THIS PARAGRAPH K SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
You agree to indemnify and hold the TRS Companies harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the Service or System (or the Service or System by persons using your password) or your violation of this Agreement. This Paragraph L shall survive termination of your agreement to this Agreement.
Subject to applicable law, we may assign all or part of TRS's rights or duties under this Agreement without such assignment being considered a change to this Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement: the Card may only be used by you and all Alerts assume that you are and will be the only user of the Card.
We may provide you notices regarding the Service in the same manner that we may provide notices pursuant to the Cardmember Agreement. If you want to provide notice to us regarding the Service, your notice must specify your name and Equipment address registered to access the Service in addition to requirements in the Cardmember Agreement for notices from you.
O. Entire Agreement
Except for the Cardmember Agreement, the American Express Terms of Service, the PASS Card Privacy Notice and the representations and consents you provide on the Website, these Terms represent the entire agreement between you and us regarding the Service, which may only be amended as described in the Cardmember Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
P. Governing Laws
THIS AGREEMENT IS SUBJECT TO APPLICABLE FEDERAL LAWS AND THE LAWS OF THE STATE OF NEW YORK. ANY LAWSUIT AGAINST US MUST BE BROUGHT IN NEW YORK COUNTY, NEW YORK.
Q. Miscellaneous Provisions
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 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 provision of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other provision. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees from the other party.