Visa Navigate North America Terms of Use

Visa U.S.A. Inc., including its subsidiaries and affiliates ("Visa"), maintains or arranges for the development and maintenance of Visa Navigate, a microsite portal delivering commercial insights and related content (the "Site") and unless otherwise indicated, is offered as a service only to authorized members who have (i) been invited by Visa (ii) registered to the Site in accordance with these Visa Navigate Terms of Use; and (iii) agreed to these Visa Navigate Terms of Use (“Authorized Members”). The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software, form documents, and links (collectively, the "Materials"), are intended to educate and inform. Any person who uses or otherwise accesses the Site or the Materials must abide by the following terms, as amended from time to time (the "Terms"), and must abide by all applicable laws and regulations. The Terms 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 Terms 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. 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 and to terminate this agreement in part or in whole.

Access

Unless otherwise indicated, Materials on the Site are only accessible to Authorized Members. Visa will, at its discretion, invite new members to the Site subject to a request received from Authorized Members or by recommendation from a Visa Account Executive.

Requests for access to the Site can be made by emailing visanavigatenorthamerica@visa.com or via the request feature on the Site. All requests will be evaluated by the Visa Navigate management team.

Passwords

Unless otherwise indicated, Materials on the Site may be accessed only by Authorized Members by use of a unique user identification and password. Passwords must be not obvious, they must be hard to guess, confidential and changed on a regular basis. You are solely responsible for maintaining the confidentiality of your user identification and password and for all activities that occur under such user identification and password. You must log out at the end of each session on the Site. You agree to immediately notify Visa of any unauthorized use of your user identification and password. Visa shall not be responsible or liable, directly or indirectly, for any loss or damage incurred as a result of your failure to comply with this section. Your user identification and password and/or your permission to use the Site may be cancelled or suspended, in Visa’s sole discretion at any time without notice, without liability to you or any other person.

Downloading and Use

Unless otherwise specified on the Site, you may download material displayed on the Site for personal, non-commercial use only. You may not distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Site for any public or commercial purpose without the written consent of Visa or any third party Visa deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material and any such downloads or copies are subject to the terms and conditions of these Terms. Further, the Materials remain the property of Visa or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. Access to this Site and distribution of the Materials may be prohibited or restricted in certain countries or jurisdictions and it is your responsibility to find out if there are any such restrictions in your jurisdiction and to obey them. You may not upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses, worms, time bombs or any other similar software or programs that may interrupt, destroy or damage the operation of another's computer or property. You may not upload, post, email transmit or otherwise make available comments, communications or other data of any kind to or on the Site with the intention that they may be viewed by other users of the Site, except as approved by Visa. You may not falsify or delete author attributions, legal or other notices contained in the Site or the Materials.

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 worldwide 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 Terms or as expressly authorized in writing by Visa. Images of people or places displayed on the Site are either the property of, or used with permission by, Visa. Use of these images by you or other third parties is prohibited unless expressly permitted in these Terms or elsewhere on the Site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable regulations and statutes. The trademarks, logos and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Site are Trademarks of Visa and others. The trademarks and copyrights not attributed to Visa are the property of their respective owners. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Visa or the third party owner of any such Trademark. Misuse of any Trademarks, or any other content, displayed on the Site is prohibited.

Confidentiality

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 strict confidence, to use such Materials only as provided hereunder, and not to disclose such Materials to third parties. You agree to store and handle the Materials in such a way as to prevent unauthorized disclosure, to take reasonable measures to protect the Materials and treat them with the same degree of care with which you treat your own and your employer’s proprietary information, and, in no event, use less than reasonable care. This obligation will not apply to Materials that Visa has made generally available to the public.

Submissions

Any communication or Material you send to the Site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary. By making a Submission to Visa on the Site, you 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. You agree to provide true, current, accurate and complete information about yourself and notify Visa promptly of any changes to your information so that your information is current, complete, and accurate.

By using the Site, you may submit, or Visa may gather, certain limited information about you and your usage of the Site. Subject to the terms of the Privacy Notice, Visa is free to use and disclose such information (and authorize others to do the same) for any purpose it deems appropriate.

Information Provided by Visa

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. Additional portions of the Materials have been contributed to the Site by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and Visa expressly disclaims any liability with respect to the foregoing.

The Site contains links to other Internet Web sites, including affiliated Web sites which may or may not be owned or operated by Visa. Visa has not reviewed all of the Web sites which are linked to the Site, and Visa has no control over such sites. Unless otherwise explicitly stated, Visa is not responsible for the content of such Web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Visa offers such links does not indicate any approval or endorsement of any material contained on any linked site. Visa is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

Visa hopes and believes that the Materials will be helpful and informative, but they should not be construed as 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 legal, accounting, or other professional services, and availability or use of the Materials is not intended to create, and does not create, any attorney-client, accounting-client, or other professional services relationship. Use of the Materials is not an adequate substitute for obtaining 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.

No Warranties

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. Visa assumes no liability or responsibility for any errors or omissions in the Materials or in any content on the Site. 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 affiliates, 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 affiliates, 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. For example, Visa assumes no responsibility for, and will not be liable for any damages arising from any viruses that may affect your computer equipment or other property resulting from your access to, use of, or downloading from, the Site.

Governing Law

These Terms and the relationship between you and Visa, including, without limitation, your use of 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 laws of the State of California and all actions, proceedings or counterclaims arising out of or relating to these Terms shall be brought in the state or federal courts located in the Northern District of California, except with respect to those resident in the Europe region, being the European Economic Area, plus Turkey and Israel, where these Terms and the relationship between you and Visa shall be governed by and construed in accordance with the Laws of England, including without limitation to English or European Union regulations and all actions, proceedings or counterclaims arising out of or relating to these Terms shall be brought in the courts of England and Wales. In connection with any such actions, proceedings or counterclaims, each party shall submit to the exclusive jurisdiction of such court, agrees to venue in such court, and waives any objection to venue laid therein.

Disclosures

The Site is operated by Visa U.S.A. Inc., located at 900 Metro Centre Boulevard, Foster City, CA 94404 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 the State of California.

Visa Rules

Where applicable, nothing in this Agreement will limit or supersede any Visa Core Rules and Product and Service Rules or Visa Charter Documents (the “Visa Rules”). In the event of any apparent conflict between the terms of these Terms and the Visa Rules, the Visa Rules will govern.

Privacy

Our Privacy Notice and Cookies Policy details how Visa protect and use your information. If you have any questions, comments, criticisms, or complaints about Visa or this site, please email us. You must abide by all applicable data protection and privacy laws, regulations and codes of practice.

No Waiver

Any failure by Visa to enforce any of its rights hereunder or under applicable laws shall not constitute a waiver of such right. If any provision hereunder is found by a court of competent jurisdiction to be invalid, you, Visa, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.

Services, Instructions

Some of the services listed on this Site are made available by Visa subject to applicable terms and conditions and eligibility for all such services are subject to you agreeing to such terms and conditions (of which Visa will inform you) and to final written acceptance by Visa of your application for such services. All services are available at the sole discretion of Visa and those services (together with the terms and conditions on which they are offered) and all other material information available through the Site are subject to amendment or withdrawal at any time. Visa reserves the right at all times to rely and act on any written, oral, telephone, card, e-mail or computer generated or other instruction in respect of the Site which bears your correct signature or user identification, or other applicable personal identification or code.

Electronic Submissions

Use of Electronic Signature. Qualifying forms and requests may be submitted through the Site. You agree and acknowledge that a request submitted by you in accordance with the requirements on the Site constitutes an electronic signature and is considered binding with the same force and authority as a handwritten signature, subject only to applicable conditions and restrictions set out in throughout the Site.

Electronic Signature Applicability. Unless instructed otherwise, you may submit electronically all qualifying documentation that is available on the Site, if the Electronic Signature Criteria (set forth below) are satisfied, and subject to availability of the tool via the Site and the applicable terms and restrictions set out on the Site.

Electronic Signature Enforceability. By electronically submitting documentation via the Site, you attest that the submitted documentation meets the specified requirements and agree that the submitted documentation constitutes a binding commitment with the same legal force and effect as a handwritten signature.

Electronic Signature Criteria. To be valid, an electronic signature associated with documentation submitted through the Site must meet the following criteria:

  • Be submitted via the Site
  • Be submitted and validated on the basis of user identification and authenticated in accordance with the procedures established by Visa
  • Be authorized by our member customer, or you must provide evidence of the member customer's authorized user's intent to evidence a binding commitment via the authorized user's acceptance of the click-through notice provided on the Site
    In addition, you, our member customer, or your designated agent must maintain reasonable safeguards and security controls to limit access to authorized personnel.

Language

The parties hereto hereby acknowledge that they have required these terms to be drawn up in the English language.

International Information

Some of the information on the Site may apply internationally, but a significant amount of information applies only to certain countries or regions. Although Visa makes reasonable attempts to indicate which information is country- and/or region-specific, it does not warrant or represent that the information on the Site applies internationally. You should check the applicability of any information on the Site to you or your organization.