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Terms & Conditions for American Express Alerts
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING AMERICAN EXPRESS ALERTS (the "Service"). BY YOUR USE OF THE SERVICE OR BY INDICATING BELOW THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. ("AXP", "we" or "us"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, CLICK HERE (http://www.americanexpress.com) TO RETURN TO THE AMERICAN EXPRESS WEB-SITE. AXP IS WILLING TO PROVIDE YOU THE SERVICE ONLY IF YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS:
A. Terms
The Service is provided by us through the facilities of a wireless service provider(s) selected by you ("Wireless Service Provider") or a computer having access to the Internet ("Computer"). A "Content Provider" is a third party content provider to the source. A "Technology Provider" is a third party provider of technology services necessary to operate the Service. "Equipment" means the wireless receiving equipment through which you intend to access and use the Service. "System" means the computer hardware and software owned or operated by AXP or any Technology Provider and used in providing the Service.
B. No Amendment of Existing Terms and Conditions For Cards
THE E-MAIL NOTIFICATIONS THAT YOU SELECT TO BE PROVIDED TO YOU THROUGH THIS SERVICE ARE FOR CONVENIENCE PURPOSES ONLY. UNLESS SPECIFICALLY STATED OTHERWISE, THE NOTIFICATIONS ARE NOT REAL TIME AND WILL ONLY BE SENT DURING THE TIMES YOU SELECT. THEY DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR MONTHLY PERIODIC STATEMENT OR CARDMEMBER AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR ACCOUNT OR THE STATUS OF YOUR ACCOUNT (SUCH AS THE CURRENT AVAILABLE CREDIT / SPENDING LIMIT OR THE PAYMENT DUE) YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE OUR ONLINE CUSTOMER SUPPORT AVAILABLE AT THE AMERICAN EXPRESS WEB-SITE (http://www.americanexpress.com).
C. Fees
AXP 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 and conditions. However, your Wireless Service Provider may levy fees or charges for receipt of messages by your Equipment through the Service, and you are solely responsible for such charges.
D. Information
We are providing you with access to various types of information through the Service which may include, without limitation, your account and other financial information directions (the "Information") solely for your own use and not for further redistribution. The Information is AXP's property and is protected by applicable law. AXP reserves any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but AXP and its Technology Providers do not warrant or guarantee such accuracy or timeliness.
E. Availability/Interruption
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 due to conditions on the Internet or due to the Equipment, your Computer or actions of the Content or Technology Providers. You acknowledge that AXP, Content 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 terminate this Agreement.
F. Use of Service/Equipment
You agree not to use the Service for any unlawful or abusive purpose or in any way, which damages AXP'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.
G. Privacy and Security
Any information provided to AXP by you in association with the Service shall be governed by the AXP Privacy Policy posted at http://www212.americanexpress.com/dsmlive/dsm/dom/us/en/privacystatement/customerprivacyprinciple.do?vgnextoid=ac5333fadb4ca110VgnVCM100000defaad94RCRD. However, you agree that we shall not be liable for any messages you request while using the Service as they are delivered over facilities not under the control of AXP. We will endeavor to keep your messages private, viewable only by you, AXP, your Wireless Service Provider and the Technology Provider. You authorize AXP's monitoring and recording of calls to us concerning your account or the Service and consent to AXP's use of automatic dialing equipment to contact you. We have the right to intercept and disclose any messages over AXP's facilities in order to protect AXP's rights or property. AXP may need to look at your messages if we believe it is necessary to protect AXP or others from injury or damage. 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.
H. 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. As a subscriber to the Service you will be issued an account accessible online through the password-protected secure area of the American Express Web-site and through AXP telephone based customer service by confirming personal information. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities which occur under your account. Any person able to provide the personal information requested by AXP 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.
I. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO AMERICAN EXPRESS REGARDING ALLEGED COPYRIGHT INFRINGEMENT
American Express has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. American Express reserves the right to remove any Content on the Site which allegedly infringes another person's copyright.Notices to American Express regarding any alleged copyright infringement on the Site should be directed to American Express' General Counsel's Office Attn.: Technology Counsel at technologies.group.counsel@aexp.com.
J. Changes to this Agreement
We may change or modify this Agreement, including Service features, from time to time by posting such change or modification on our website at https://online.americanexpress.com/occ/auth_occmain.do or by providing you with notice in accordance with Paragraph N of this Agreement. If you do not cancel your account within five (5) days of a change in the Service or to this Agreement or if you use the Service after a change in the Service or to this Agreement, you agree to such change and its applicability to you.
K. Limitations
1. No Warranties
AXP 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 AXP'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. AXP 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 AXP 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. AXP 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
AXP and its parent companies, subsidiaries and affiliates, including their directors, officers and employees (collectively, "AXP Companies") shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use 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 E-mail notification(s) or the delivery of E-mail notification(s) at times different that the times that you have designated, (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 AXP or its Content or Technology Providers. AXP 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 AXP 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 THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE LEGAL ACTION ACCRUES.
4. Maximum Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF AXP FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, AXP'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
5. Survival
THIS PARAGRAPH K SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
L. Indemnity
You agree to indemnify and hold the AXP 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 this agreement.
M. Assignment
We may assign all or part of AXP's rights or duties under this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without AXP's prior written consent.
N. Notices
Written notices to you shall be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in AXP's files or immediately upon transmission of an e-mail to you at the e-mail address kept in AXP's files. Your notice must specify your name and Equipment address registered to access the Service. We will not give you notice of any subpoenas or court orders related to your account or use of the Service unless required by law.
O. Consent to Electronic Contracting.
You also agree that AXP may make agreements with you concerning the Service by electronic means. All agreements entered into by electronic means will be deemed valid, authentic and shall have the same legal effect as agreements entered into on paper. You will be deemed to have received any electronic messages sent to you if such messages are sent to the latest e-mail address you have provided to AXP. You further agree that electronic copies of communications are valid as "originals" and you will not contest the validity of the electronic copies, absent proof of altered data or tampering. This consent to the use of electronic agreements and communications shall apply to all agreements and communications made in conjunction with this agreement and the Service.
P. Consent to Electronic Disclosures.
If you agree by clicking [I Agree] below, you will receive communications and disclosures from AXP regarding the Service only in an electronic form (not in paper) and you agree not to circumvent receiving any messages. You promise to inform us promptly in writing of any change in your e-mail address or your U.S. Mail address. You may choose to receive a copy of this Agreement and any other related communications in paper format, and you have the right to withdraw your consent to entering into electronic agreements and receiving electronic communications and disclosures; however, paper format may not always be available and, if available, may be subject to fees. To receive paper copies of this agreement or other electronic communications, to withdraw your consent to electronic agreements and communications, or to update information needed to contact you electronically, please contact AXP at https://www.americanexpress.com/messagecenter or at 1-800-AXP-1234.
Q. Equipment Requirements
In order to access AXP agreements and communications electronically, you must have a personal computer equipped with a 128-bit JavaScript enabled Browser, Internet access, and a valid e-mail account supported by software to enable you to receive e-mail messages. In order to store AXP agreements and communications made electronically, you need to have a printer connected to your computer so that you can print such agreements or communications, or you need to have a hard drive or disk drive to download such agreements or communications electronically. You hereby attest that you have the required computer hardware and software.
R. 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.
S. 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.
T. 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 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. 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.