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Wells Fargo Rapid Alerts for Visa® Cardholders Terms and Conditions

Effective March 1, 2011

Table of Contents

Section 1: General Program Terms and Conditions

Section 2: Enrollment

Section 3: Receiving Transactions Alerts

Section 4: Cancellation of Enrollment

Section 1: General Program Terms and Conditions

Thank you for enrolling in the Rapid Alerts Program.

  1. In these Program Terms and Conditions (“Terms”), “you”, “your”, and “Cardholder” means the primary cardholder and/or any secondary cardholder (if a joint account – excludes authorized users of the card) on the Wells Fargo® consumer Credit Card account(s) (“Cards”) enrolled in Rapid Alerts (“Program”). “Wells Fargo”, “we”, “us”, and “our” means Wells Fargo Bank, N.A.
  2. You may participate in the Program if you are enrolled in Wells Fargo Online® Banking and your Cards enrolled in the Program are open and in good standing.
  3. By enrolling in the Program, you are giving us your PRIOR EXPRESS CONSENT to contact you at any telephone number associated with your account, including the specific mobile telephone numbers you have provided to us to enroll for the Program, and that could result in charges to you. We may contact you for servicing, emergency, fraud prevention, or for any other purpose and by any means necessary, including by use of an autodialer or predictive dialer. The persons who have permission to contact you under this paragraph include us, our affiliates, agents, and assigns, and any third party vendors acting on behalf of any of these persons. You also expressly consent to Wells Fargo sending email messages regarding your Program to any email address you provide to us.
  4. This Program is available only to Visa®-branded Consumer Credit Card accounts. It is not available for co-branded card programs.
  5. Changes to this Program: We may at any time change, cancel, or temporarily suspend the Program, in whole or in part, including the addition, change or deletion of any alert.  Additionally we may change, add to, or delete any of the Terms, or terminate your enrollment in the Program. We may do any of these things without notice or consent.
  6. You are responsible for promptly notifying us of a change in your name, address (including email addresses you use with us), and telephone number(s).
  7. You agree to comply with all applicable laws, rules and regulations, and all reasonable instructions we may give you, with respect to your participation in the Program.
  8. The Program is a service provided by Visa U.S.A. Inc. (“Visa”) under a limited license to Wells Fargo. Visa reserves the right to change the rules or procedures governing the program at any time for any or no reason, without notice to you or consent from you.
  9. You agree that we may make available to Visa such information as necessary to track your participation in the Program on an aggregate basis, and that Visa may use such information for reporting purposes to issuers of Visa®-branded credit cards and for internal purposes as reasonably necessary to review and improve the performance of the Program.
  10. Each of your Cards will continue to be read and interpreted according to the laws described in the agreements you have with us regarding those Cards. These Terms, on the other hand, will be read and interpreted according to the laws of the State of California, without regard to conflict-of-law rules.
  11. The terms of this Program are void where prohibited by law.

Section 2 : Enrollment

  1. You may enroll the primary cardholder and/or secondary cardholder of the Card in the Program. You may enroll no more than two mobile telephone numbers to receive SMS text messages and/or up to three e-mail addresses to receive emails per cardholder enrolled in the Program. Please note that you may only enroll mobile telephone numbers that belong to you.
  2. As part of the enrollment process, you are responsible for selecting the delivery channels to service your Program, such as email addresses and mobile phone numbers used for short message service (“SMS”) text messages, and are responsible for inputting the correct email address(es) and phone number(s) which belong to you when you enroll for the Program.  You are responsible for promptly notifying us of a change in the delivery channels selected by you to service your Program. We may add, withdraw, change, or replace the delivery channels offered as part of the Program at any time and for any reason or no reason at all without any notice to you.
  3. At this time, there is no fee or charge assessed by Wells Fargo for you to enroll in the Program. We reserve the right to assess fees or charges for the Program in the future. You will receive notice of such fees or charges as required by law.
  4. Enrolling for the program will result in your receipt of text messages to your specified mobile device(s) and/or email to your provided email address(es) when certain alert conditions you have specified are triggered.  By enrolling for the Program, you  may receive a charge by your mobile carrier for text messaging or for web access.  You are responsible for your mobile carrier’s text messaging charges and for any web access charges that may apply.
  5. You are responsible for selecting the criteria for which you will receive transaction alerts, such as transactions that are initiated internationally. You are responsible for promptly notifying us of a change in the criteria selected by you to service your Program. We may add, withdraw, change or replace the criteria that may be selected as part of the Program at any time and for any reason or no reason at all without notice to you.
  6. From time to time, we may initiate an SMS text message to the telephone number(s) enrolled in the Program by you and request that you reply by SMS text message. For example, we may initiate an SMS text message requesting that you confirm an enrolled telephone number at the time of enrollment.
  7. We may also initiate an SMS text message if you change mobile carriers to ask you to confirm that you still want to be enrolled in the Program. If you do not reply to such SMS text messages initiated by us, we may suspend or terminate your enrollment in the Program.

Section 3 : Receiving Transaction Alerts

  1. You must first enroll in the Program in order to receive the transaction alerts service.
  2. You are responsible for promptly reporting to us any problems associated with the Program.
  3. Sometimes online merchants will “test” a certain amount on your Visa® card prior to initiating a transaction, and once the “test amount” is authorized, the online merchants will charge the actual “purchase amount.” As a result you may receive two alerts instead of one, with the first alert being the test amount and the second alert being the purchase amount. The test amount may be different from the purchase amount, or the test amount and purchase amount may be the same. Please note that you will only be charged once, and only for the purchase amount. Also, some gas station merchants may not include the purchase amount of the gas charges made at the pump. So you may receive an alert without the purchase amount.
  4. The data provided by the Program are subject to technological, regulatory, environmental, and other limitations. You may not receive data from the Program transaction alerts when you are outside of an area serviced by your mobile carrier or internet service provider.  Your Program transaction alerts may be suspended in the event of a natural disaster or other emergency where data flow is impeded or suspended.  Alerts may be delayed during system upgrades or during peak system hours.
  5. Limited Liability For Use Of The Program. We hope you will find the Program to be a useful and reliable Service. However, neither Wells Fargo, Visa, nor their respective service providers can make any representation or warranty that you will have continuous or uninterrupted access to the Program or to any of its content or functions, or that any of the functions of the Program will be instantaneous or error-free. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND WELLS FARGO, WELLS FARGO’S PROGRAM SERVICE PROVIDERS, VISA, AND VISA’S SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY RELATING TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ITS PERFORMANCE, AVAILABILITY, CONTENTS, OR FUNCTIONS), INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE PROGRAM (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE PROGRAM, IF APPLICABLE) SHALL BE FOR WELLS FARGO AND/OR VISA TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE PROGRAM. You agree to release Wells Fargo and Visa from any liability related to the data generated by the Program. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to You. You may also have other legal rights, varying from state to state. YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A MOBILE DEVICE AND THE INTERNET, AND THAT YOU WILL ADHERE TO YOUR RESPONSIBILITIES AS OUTLINED IN THESE PROGRAM TERMS.

Section 4 : CANCELLATION OF ENROLLMENT

  1. You may cancel your enrollment in the Program at any time by logging on to Wells Fargo Online® Banking and following the instructions we provide, or by responding to an SMS text message from us with the words “STOP ALERTS” to short code 93557.  In addition, we may send you a monthly notification via SMS text message or email message indicating you are enrolled in the Program and describing how you may remove yourself from the Program.
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