Terms Conditions | BBVA

Terms & Conditions

In these Terms & Conditions:

• “Applicant” means the business applying for credit.

• “Owner” means the Applicant (if the Applicant is a sole proprietor) or each person who has an ownership interest in the Applicant (if the Applicant is a corporation, LLC, LLP, partnership or other entity).

• “Guarantor” means each Owner, any other person on whose credit the Applicant will rely, and any other person providing the requested information in this Application.

• "You" and "your" mean anyone who accesses or uses this Site.

• “Site” means any website or mobile application we establish to allow you to inquire about or apply for banking services and accounts with BBVA, including all web pages associated therewith.

By selecting “Apply Now”, the Applicant(s), each Guarantor, and each Owner:

Promises that all of the information about that person which is provided on or in connection with this Application is accurate and complete; and includes all of that person’s obligations;

Understands that, in order to evaluate this Application, BBVA may require information about the Applicant and/or one or more Guarantors in addition to the information requested in this Application or the Financial Document Checklist, and each person agrees to provide this other information promptly upon request;

Authorizes BBVA to share information about that person with its agents, service providers, and affiliates for, among other purposes, evaluating this Application and offering products and services BBVA believes may be of interest to that person;

Agrees that (a) in order to provide better service, telephone calls may be monitored by a second employee and/or recorded, and (b) BBVA may contact that person using (1) any information or phone numbers (including cell phone numbers) provided on this Application or otherwise, and (2) an automated telephone dialing system and/or artificial or prerecorded voice message, even if that person is charged for the call under the person’s phone plan;

Requests BBVA to extend the credit requested by Applicant to the Applicant;

Promises that, if BBVA approves any credit to be extended under this Application, that credit will be used only for business purposes, and not for any personal, household, or family purposes;

Understands that married applicants may apply for separate accounts; and

Authorizes BBVA, if the Application is not approved, to forward the Application and the information BBVA has collected, including the information on all guarantors to an unaffiliated lender for evaluation, in which event such lender will have all of the BBVA rights under the Application.

Hazard Insurance Disclosure for California Residents Only:

(Pursuant to California Civil Code Section 2955.5) If the Applicant has applied for a loan or credit extension that will be secured by real property, as a condition of the loan or credit extension, Lender may require the Applicant to maintain hazard insurance coverage for the real property. California law provides that Lender cannot require the Applicant, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the property (such as fire and other perils) in an amount exceeding the replacement value of the building or structures attached to the property.

No Warranty

THE SITE AND SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS IMPLIED OR STATUTORY. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE, AND THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

Limitation of Liability

YOU AGREE THAT ALL ACCESS AND USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE THEREOF.

Governing Law

The Site is located in the State of Alabama, and these Terms & Conditions are governed by and construed by the law of the State of Alabama without regard to its conflicts of law provisions. You agree that any action at law or in equity arising out of or relating these Terms & Conditions or the use of the Site shall be filed only in the state or federal courts located in Jefferson County, Alabama, and you consent to the personal jurisdiction of such courts for the purposes of litigating any such action. Patriot Act Notice

Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account or submits and application for a loan, including your name, address, date of birth, and other information that will allow us to verify your identity. We may also ask you to provide identifying documents.

© BBVA USA has been acquired by The PNC Financial Services Group, Inc., and is operating as an affiliate of PNC Bank, N.A. (“PNC”) until BBVA USA is merged into PNC, which is anticipated to happen later this year. Until then, BBVA USA will continue to offer independent products and services, which may include different product features, underwriting guidelines, terms, fees, and pricing. If you would like to learn more about PNC’s products, you can do so by visiting PNC. com.