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CARDHOLDER TERMS OF SERVICE
The following are possible terms and conditions relating to the
Verified by Visa service, and are provided to Visa Members to assist
Members in drafting the respective Member's terms and conditions to
be included in its cardholder agreement and/or supplemental
agreement for the Verified by Visa service. This document does not
constitute legal advice to Members or any other party from Visa or
its counsel. Visa makes no representation or warranty regarding the
effect of this language under federal law or the laws of any state.
The following may not represent a complete list of terms and
conditions or content necessary or advisable for the Member's
particular needs. These provisions would affect the Member's legal
rights and responsibilities and should be reviewed with the Member's
legal counsel. Each Member must make its own legal and business
judgment regarding the terms and conditions it chooses to use.
Verified by Visa Terms of Service
Welcome and thank you for choosing to use the Verified by Visa service
("Verified by Visa") from F & M Community Bank. Please read this Terms of
Service Agreement carefully before using Verified by Visa. In this
Agreement, "we," "us," or "our" refers to F & M Community Bank, and "you,"
"your," or "yours" refers to the user of Verified by Visa.
ACCEPTANCE OF TERMS
Verified by Visa provides its service to you, subject to the following
Terms of Service ("TOS")
You agree that creation of a Verified by Visa account password, and/or
use of Verified by Visa, will represent your acceptance of this TOS
and that continued use of Verified by Visa after you have been advised
of revisions to this TOS shall constitute your agreement to such
revised terms and any applicable posted guidelines or rules.
Unless explicitly stated otherwise, any new features that augment,
enhance or otherwise change Verified by Visa shall be subject to this
TOS.
F & M Community Bank reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, Verified by Visa
(or any part thereof) with or without notice.
By clicking below, you agree to this TOS.
DESCRIPTION OF VERIFIED BY VISA
Verified by Visa provides you with a way of increasing security in
online and other transactions for which Verified by Visa is used by
reducing the chances of fraud for those transactions. Registering for
Verified by Visa involves providing personal information to us, which
is then used to confirm your identity in connection with future online
transactions or other transactions for which Verified by Visa is used,
as discussed in more detail in Section 5 below. Verified by Visa also
may be used for record keeping and reporting purposes, as well as to
help resolve any transaction disputes. Your Registration Data, as
defined in Section 3(b), and other personal information is not shared
with the merchant, as discussed in more detail in Section 6 below.
YOUR REGISTRATION OBLIGATIONS
By signing up for Verified by Visa, you authorize us to retain certain
information about you, your credit cards and debit cards. You
authorize us to obtain from certain third parties selected by us,
including consumer credit bureaus and other consumer reporting
agencies, information about you, your credit cards and debit cards, to
use in connection with Verified by Visa. You authorize us to use and
retain this information in accordance with our Privacy Policy (see
Section 6 below). Your information will be associated with a unique
identifier for you.
You agree to (i) provide true, accurate, current and complete
information about yourself as prompted by Verified by Visa's
registration form ("Registration Data"), and (ii) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any Registration Data that is
untrue, inaccurate, not current or incomplete, or if we have
reasonable grounds to suspect that your Registration Data is untrue,
inaccurate, not current or incomplete, we have the right to suspend,
terminate, or refuse your current or future use of Verified by Visa.
REGISTRATION
In order to use Verified by Visa, you must provide certain information
to us that allows us to validate your identity and verify that you are
the owner of or an authorized user of the specified credit card(s) or
debit card(s). The information that you provide may be validated
against information we already have on file that is associated with
you, your credit card(s) or debit card(s), information we receive from
one or more third parties, or information maintained by a third party.
If you are unable to provide adequate information for us to validate
your identity, we have the right to not allow you to register for
Verified by Visa. You warrant that the information is correct and that
you have the legal right to use all of the credit cards and debit
cards that you register for Verified by Visa.
If you do not successfully register for Verified by Visa, the merchant
may not accept your Visa credit card or debit card in payment for an
e-commerce or other transaction subject to Verified by Visa.
In order to use Verified by Visa, you must have the ability to access
the World Wide Web and must pay any service fees associated with such
access. In addition, you must have the equipment necessary to make
such a connection to the World Wide Web, including a computer and
modem or other access device.
In the event you have a question regarding the Verified by Visa
registration process or a transaction using Verified by Visa, you
should direct that question to our e-Support department by calling
(507) 765-3823.
AUTHENTICATION
During registration in Verified by Visa, you may be asked to select or
may be provided a password and hint-and-response question and answer.
When engaging in an online transaction or other transaction for which
Verified by Visa is used, you may be asked for your Verified by Visa
password or hint response before the merchant accepts your Visa card
in payment for the transaction. If you are unable to provide your
Verified by Visa password or hint response, or if the authentication
through Verified by Visa otherwise fails, the merchant may not accept
your Visa credit card or debit card in payment for that transaction.
By registering in Verified by Visa, you assent to the use of Verified
by Visa to evidence your identity, including for purposes of
authorization of transactions authorized in advance to recur at
substantially regular intervals.
PRIVACY POLICY
Verified by Visa stores your Registration Data. Your Registration Data
will not be shared with online retail merchants or merchants in other
transactions for which Verified by Visa is used.
You acknowledge and agree that Verified by Visa may keep your
Registration Data and also may disclose your Registration Data if
required to do so by Applicable Law, as defined in Section 8(a)(ix),
in the good faith belief that such preservation or disclosure is
permitted by Applicable Law, or as reasonably necessary to (i) comply
with legal process or (ii) enforce this TOS.
Registration Data and all personally identifying information about you
is subject to our Privacy Policy. For more information, please see our
full Privacy Policy at www.fmcommunity.com.
YOUR CONDUCT
You agree not to:
impersonate any person or entity using Verified by Visa;
upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment used
by Verified by Visa;
spam or flood the Verified by Visa Website or service;
modify, adapt, sub-license, translate, sell, reverse engineer,
decompile or disassemble any portion of the Verified by Visa Website
or service or the software used in connection with Verified by Visa;
remove any copyright, trademark, or other proprietary rights notices
contained in Verified by Visa;
"frame" or "mirror" any part of the Verified by Visa Website or
service without Visa's prior written authorization;
use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data
mine," or in any way reproduce or circumvent the navigational
structure or presentation of the Verified by Visa Website or service
or its contents;
otherwise interfere with, or disrupt, Verified by Visa or servers or
networks connected to Verified by Visa, or violate this TOS or any
requirements, procedures, policies or regulations of Verified by
Visa or of any networks connected to Verified by Visa; or
intentionally or unintentionally violate any applicable local,
state, national or international statute, regulation, regulatory
guideline or judicial or administrative interpretation, or any rule
or requirement established by Visa (all of which shall constitute
"Applicable Law") in connection with your use of Verified by Visa.
LIABILITY
You agree that F & M Community Bank shall not be liable to you or to any
third party for any modification, suspension or discontinuance of
Verified by Visa. We will pay any direct out-of-pocket expenses that
you may incur due to:
negligence or intentional misconduct by us, our employees or agents;
an attack by others on the systems we use to provide Verified by
Visa; or
any error in, or failure of, Verified by Visa.
Under no circumstances will we be liable for consequential,
incidental, special or indirect losses or other damages, such as any
damage to your computer or telephone service resulting from your use
of Verified by Visa.
F & M Community Bank assumes no responsibility for, and will not be liable
for, any damages to, or any viruses which may affect, your computer
equipment or other property on account of your access to, use of, or
downloading from, this Web site.
TERMINATION
If you want to end your ability to use Verified by Visa, you must send
an e-mail to contactus@fmcommunity.com so that your password and
Registration Data with Verified by Visa can be deactivated. Any
purchases you made using Verified by Visa prior to deactivation will
not be affected.
We may temporarily or permanently deactivate your ability to use
Verified by Visa and terminate your relationship with us at any time,
with or without fault on your part. For your protection, we will
automatically deactivate your ability to use Verified by Visa if it is
not used at least one time during any twelve (12) month period. If we
deactivate your ability to use Verified by Visa, we will promptly give
you notice at the most current e?mail address you have provided to us
as reflected in our records.
DEALINGS WITH MERCHANTS
Your correspondence or business dealings with, or participation in
promotions of, online retail or other merchants on or through Verified
by Visa, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
merchant. You agree that, except as otherwise provided by Applicable
Law or in our cardholder agreement with you, F & M Community Bank shall not
be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings. You understand that use of
Verified by Visa does not, in any way, indicate that we recommend or
endorse any merchant, regardless of whether the merchant participates
in Verified by Visa. For example, Verified by Visa does not verify the
identity of the merchant or the quality of the merchant's goods or
services.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that any software obtained through
the use of Verified by Visa is downloaded and used at your own
discretion and risk and that except as otherwise provided in this TOS
Agreement, you will be solely responsible for any damage to your
computer system or loss of data that results from the download or use
of any such software or other materials through Verified by Visa.
EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, F & M COMMUNITY BANK
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT VERIFIED BY VISA OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail to any
address in your Registration Data or other information that you have
provided to us in connection with any of your accounts with us, or
your credit cards or debit cards issued or otherwise provided by us.
You also may be notified of changes to this TOS or other matters by
notices displayed on or links to notices displayed on www.fmcommunity.com.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use Verified by
Visa and to create binding legal obligations for any liability you may
incur as a result of the use of Verified by Visa. Except as otherwise
provided by Applicable Law, you understand that you are financially
responsible for all uses of Verified by Visa by you and those
authorized by you to use your Registration Data, your password or
other verification information.
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