1.Description of the Chat Service
The chat service (the “Chat”) is a communication tool provided by Banco Popular de Puerto Rico (“Banco Popular”) to assist users with general information about banking products, services, and processes. The Chat does not constitute financial, legal, accounting, or professional advice. Any decision you make based on the information provided through the Chat is your responsibility.
2. Acceptance of the Terms of Use
These terms and conditions of use (the “Terms of Use”) constitute an agreement between you and Banco Popular and will govern the use of the Chat.
PLEASE READ THESE TERMS OF USE CAREFULLY. BANCO POPULAR OFFERS YOU THE CHAT ON THE CONDITION THAT YOU ACCEPT THEM WITHOUT MODIFICATION. BY USING THE CHAT, YOU ACCEPT THESE TERMS OF USE AND REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER. IF YOU DO NOT AGREE WITH THE TERMS OF USE OR ARE UNDER 13 YEARS OF AGE, YOU SHOULD NOT USE THE CHAT.
BANCO POPULAR RESERVES THE RIGHT TO DISCONTINUE THE AVAILABILITY OF THE CHAT TO A PARTICULAR USER OR TO DISCONTINUE IT COMPLETELY AT ANY TIME AT ITS SOLE DISCRETION.
By using the Chat service, you authorize Banco Popular and its agents to retrieve information requested by you. You appoint Banco Popular and its agents as your agent for this limited purpose. Every time you provide us with your account information, you allow Banco Popular and its agents to process your request and to use the information submitted by you to fulfill what was requested.
3. Use of the Chat
You acknowledge that your access to and use of the Chat is conditioned upon and limited to obtaining information, documents, and/or services that Banco Popular provides for your personal, non-commercial use. You acknowledge that you may not use the Chat or any content for any illegal purpose or for any purpose that could undermine Banco Popular’s reputation in the community or cause harm or damages to Banco Popular or other users of the Chat.
Therefore, and by way of example and not limitation, the following actions are prohibited:
Using “deep-link,” “page-scrape,” “robot,” “spider,” or any other automatic device, program, algorithm, methodology, tool, or any similar or equivalent process to:
(1) access, acquire, copy, or monitor any portion of the Chat or its content, (2) reproduce in any way the navigation structure or presentation of the Chat or its content, (3) obtain or attempt to obtain materials, documentation, or information through any means not intentionally made available through the Chat. Banco Popular reserves the right to prohibit such activity. However, Banco Popular allows you to use tools for your personal, non-commercial use only for the purpose of making the Chat accessible as required by the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq. (1990)).
Accessing or attempting to access the Chat, databases, infrastructure (including those of any Banco Popular provider), or applications for any service offered on or through the Chat, except as authorized by Banco Popular. This prohibition includes hacking, code mining, use of malicious code, communication interruption or denial, or any other method or tool that may cause interruptions or damage to the Chat or to the ability of Banco Popular to provide the services, or for any purpose other than the intended use of the Chat.
Penetrating, scanning, or testing (or attempting to do so) the vulnerability of the Chat or of any network connected to the Chat, or compromising the security measures of the infrastructure or user authentication of the Chat, or those of any network connected to the Chat.
Performing reverse look-ups, tracing, or seeking information about any other user or visitor of the Chat or any other Banco Popular customer, including any Banco Popular account that is not your own, back to its source; or exploiting the Chat or any service or information available or offered through the Chat in any way for the purpose of revealing any information—including but not limited to personally identifiable information—that is not your own, as provided by the Chat.
Sending traffic to the Chat that results in a disproportionate load on the Chat infrastructure or on Banco Popular systems or networks, or other systems or networks connected to the Chat or Banco Popular.
Using any device, program, or routine to interfere or attempt to interfere with the proper operation of the Chat, or any transaction conducted through the Chat, or any other user of the Chat.
Forging headers or otherwise manipulating identifiers to disguise the origin of any message or transmission you send to Banco Popular through the Chat or any service offered on or through the Chat.
Impersonating or falsely stating that you represent another person (whether an individual or a legal entity). Unauthorized use of the Chat together with the transmission of unsolicited email—including sending email in violation of these Terms of Use—may result in civil and criminal penalties against the sender as well as against those who assist in such actions, including penalties established under the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.).
4. Rules of Conduct in the Chat
Banco Popular does not allow any behavior or content related to illegal activities. You may not use the Chat to publish, display, distribute, or disseminate defamatory, obscene, unlawful material or information. You also may not use the Chat for the purpose of linking to external sites that violate these rules of conduct. You must not use offensive, discriminatory, or inappropriate language in the Chat.
Banco Popular reserves the right to immediately suspend any Chat session in which you demonstrate inappropriate behavior, including, without limitation, any violation of these rules of conduct. If you insist in violating these rules, one of our Chat representatives may warn you of such violation or may immediately terminate the Chat session. Banco Popular may take other actions against you if you violate these rules of conduct.
5. Intellectual Property Rights
The Chat is the property of Banco Popular and the owners of the application. All text, graphics, user interface, visual interface, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including, without limitation, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content in this Chat, is owned, controlled, or licensed by or to Banco Popular and is protected by applicable intellectual property laws.
Except as expressly provided in these Terms of Use, you may not copy, reproduce, republish, upload, integrate, publicly display, decode, translate, transmit, or distribute any part of the Chat or any Content, in any form (including replication or “mirroring”), to any other computer, server, online Chat, or any other medium for publication or distribution, or for any commercial enterprise, without prior written consent from Banco Popular.
You may use product and service information from Banco Popular (for example, brochures, flyers, marketing materials, and similar items) that Banco Popular has made available to download from the Chat, provided that you: (1) do not remove any proprietary notices; (2) use such information only for your personal, noncommercial, informational use, and do not copy or publish such information on a computer that is part of a network or transmit it in any medium; (3) do not modify the information; and (4) do not make any additional representations or warranties related to such information.
6. Privacy
The terms and conditions of Banco Popular’s Privacy Policy are part of and apply to the use of this Chat. To view Banco Popular’s Privacy Policy or if you wish to complete the opt-out form, click here.
Additionally, by using the Chat, you acknowledge and agree that Banco Popular is not the provider of the internet service and that transmissions over the Internet cannot be guaranteed to be private or secure. You acknowledge that any email or information contained in an email that you send to the Chat, or that Banco Popular sends to you, may be intercepted and read by a third party who is not the intended recipient, even if the message states that the transmission or the information contained within is encrypted (for example, credit card information).
7. Security
The confidentiality, integrity, and availability of its customers’ information is important to Banco Popular. The Chat uses multiple security parameters to protect this critical information, and the administrative team continuously monitors and improves systems and procedures to address internet security demands and challenges.
By using this Chat, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send through the Chat could be read or intercepted by others, even if a particular transmission (for example, credit card information) is marked as encrypted or encoded. By using the Chat, you agree not to share banking credentials or sensitive information. You also agree to use secure devices and reliable networks when accessing the Chat.
8. Online Privacy Protection for Minors
The Chat is not intended for use by children under thirteen (13) years of age. Therefore, our policy is that we do not request or knowingly collect personal information from children under thirteen (13) years old. If we become aware that we have collected such information, we will comply with the requirements of the Children’s Online Privacy Protection Act (COPPA), including the deletion of such information from our systems. For additional information about COPPA, you may visit the Federal Trade Commission’s website at: www.FTC.gov.
9. Disclaimer and Limitation of Liability
BANCO POPULAR DOES NOT PROMISE THAT THE CHAT OR ANY CONTENT, SERVICE, OR FEATURE OF THE CHAT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE CHAT WILL PROVIDE THE RESULTS YOU DESIRE. THE CHAT AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL INFORMATION PROVIDED IN THE CHAT IS SUBJECT TO CHANGE WITHOUT NOTICE. BANCO POPULAR CANNOT ENSURE THAT ANY DOCUMENT OR INFORMATION YOU DOWNLOAD FROM THE CHAT WILL BE FREE OF VIRUSES, MALICIOUS CODE, OR DESTRUCTIVE FEATURES. BANCO POPULAR MAKES NO REPRESENTATION OR WARRANTY, WHETHER IMPLIED OR EXPRESS, REGARDING THE ACCURACY OF THE CHAT, ITS MERCHANTABILITY, ITS FITNESS FOR A PARTICULAR PURPOSE, HUMAN EFFORT, TITLE, QUIET ENJOYMENT, ENCUMBRANCE, LIEN, OR INFRINGEMENT. BANCO POPULAR DOES NOT ASSUME ANY LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO THE USE OF THE CHAT AND/OR ANY BANCO POPULAR SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE CHAT AND ANY CONNECTION TO IT. YOUR ONLY REMEDY AGAINST BANCO POPULAR REGARDING YOUR DISSATISFACTION WITH THE CHAT OR ANY CONTENT IS TO STOP USING THE CHAT OR ITS CONTENT. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL CONDITION OF THE TERMS OF USE.
The above disclaimer applies to any damages, liabilities, or losses caused by any malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use—whether due to breach of contract, negligence, or any other cause of action. Banco Popular reserves the right to take any of the following actions at any time, at its sole discretion and without notice:
(1) modify, suspend, or terminate the operation of or access to the Chat or any portion of the Chat; (2) modify or change the Chat or any portion of the Chat, including any applicable policy or term; and (3) interrupt Chat operations or any portion of the Chat as necessary to perform routine or non-routine maintenance, error correction, or other changes.
10. Third-Party Website Linking Practices
For your convenience, Banco Popular may provide you with access to information, products, or services offered on Internet pages or online resources, some of which are owned by Banco Popular and others operated by companies not affiliated with Banco Popular (“third-party websites”). Banco Popular may provide this access through hyperlinks which, once clicked, automatically redirect you to other web pages or internet sites, including those of third parties.
When you leave a Banco Popular page and go to a third-party website through a hyperlink, the new page will appear in another window, or you may receive an alert notifying you that you are leaving Banco Popular’s website.
Links to third-party pages are provided for informational purposes only. Banco Popular cannot endorse, approve, or guarantee the information, products, services, or recommendations provided on a third-party website. Because Banco Popular does not control these third-party pages, we may not always know when their terms and conditions, content, or information change. Therefore, Banco Popular does not assume responsibility and will not be liable for any loss or damage of any kind resulting from accessing or using a third-party link you visit from the Chat, nor is Banco Popular responsible for products or services advertised on those sites. Banco Popular also does not guarantee that the hyperlink will function or direct you to the desired page. When you access a third-party website, the applicable policies—including privacy and security policies—will be those of the third party. After you leave the Chat, Banco Popular’s privacy policies, security practices, or any other policy will no longer apply. The data collection, use, and protection practices of the third-party website may differ from Banco Popular’s policies, so you should familiarize yourself with the third party’s policies before providing any personal information. If you complete a transaction on a third-party website accessed through a hyperlink in the Chat, any rights or obligations will be between you and that third party. Banco Popular does not represent nor assume obligations for the members or owners of that website.
If you find any information about Banco Popular on any website that you believe is incorrect, or if you have concerns about a third-party link connected to us, please contact TeleBanco Popular at 787-724-3650 or toll-free at 1-888-724-3650, available 24/7.
11. Violation of the Terms of Use
Banco Popular may disclose any information about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint related to your use of the Chat, or to identify, contact, or take legal action against someone who may be causing damage to or interfering with (whether intentionally or unintentionally) the rights or property of Banco Popular, or the rights or property of visitors or users of the Chat, including Banco Popular customers.
Banco Popular reserves the right at all times to disclose any information that Banco Popular deems necessary to comply with any law, regulation, legal process, or governmental requirement. Banco Popular may also disclose your information when it determines that applicable law requires or permits such disclosure, including the exchange of information with other companies and organizations for fraud-protection purposes.
You acknowledge and agree that Banco Popular may preserve any transmission or communication made by you through the Chat or any other service offered on or through the Chat, and may disclose such data if required by law or if Banco Popular determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal processes, (2) enforce these Terms of Use, (3) respond to claims that such information violates the rights of others, or (4) protect the rights, property, or personal safety of Banco Popular, its employees, users or visitors of the Chat, or the public.
You agree that Banco Popular may, at its sole discretion and without prior notice, terminate your access to the Chat and/or block your future access to the Chat if we determine that you have violated these Terms of Use or any other agreement or guidelines related to your use of the Chat, or for any other reason, including but not limited to: (1) legal or regulatory requirements, (2) your own request (e.g., account deletion), (3) discontinuation or modification of the Chat or any service offered on or through the Chat, or (4) unexpected technical issues or problems.
12. Dispute Resolution
The parties agree that any controversy or claim between them, or against any agent, employee, successor, or assignee—whether related to these Terms of Use or to the Chat—and any claim or dispute related to these Terms of Use or your use of the Chat, or tasks contemplated under these Terms of Use, including the validity of this arbitration clause (the “Claim”), shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its current Commercial Arbitration Rules, and shall be adjudicated in the Commonwealth of Puerto Rico.
The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1–16, excluding any state law provision that is inconsistent or produces a different result. A single arbitrator shall decide the parties’ Claim and issue a final decision in accordance with applicable law. Strict confidentiality shall govern any arbitration proceeding and all information submitted to the arbitrator by the parties and any decision or award granted by the arbitrator. These Terms of Use do not limit any party’s obligation to defend, indemnify, or hold another party harmless from legal actions or other claims, losses, damages, or expenses.
The procedures described in this section shall be the exclusive procedures for resolving disputes between the parties arising from or related to the use of the Chat; provided, however, that a party may request temporary remedies in court to maintain the “status quo” or to protect assets or property until the arbitration has begun and the arbitrator has had the opportunity to address the request for temporary relief.
Each party is required to continue performing its obligations under these Terms of Use while a final resolution is pending regarding any dispute arising from or related to these Terms of Use or your use of the Chat, unless doing so is impossible or impractical under the circumstances.
13. Governing Law
These Terms of Use are governed by the laws of the Commonwealth of Puerto Rico. Any dispute related to the use of the Chat shall be handled in the appropriate courts of Puerto Rico.
14. Modifications to the Terms of Use
Banco Popular may change, modify, add, or remove portions of these Terms of Use at any time, at its sole discretion, without prior notice. It is your responsibility to periodically review these Terms of Use for changes. Your continued use of the Chat, after changes have been made, means that you accept and agree to those changes.
