Online Terms and Conditions for Corporate Treasury Services
ACCESSING AND TRANSACTING BUSINESS ON YOUR ACCOUNTS BY USING ONE OR MORE OF OUR ONLINE BUSINESS BANKING OR MOBILE BUSINESS BANKING APPLICATION SERVICES MEANS YOU AGREE TO ALL OF THE APPLICABLE TERMS AND CONDITIONS OF THIS ONLINE/MOBILE BUSINESS BANKING SERVICES AGREEMENT.
This Online/Mobile Business Banking Services Agreement ("Agreement") is an agreement between you and FNBO ("Bank") that governs your use of our website generally, Online Business Banking Services, Mobile Business Banking Application Services and other services (together, the "Services") that are accessible through our website or one of the mobile banking applications ("App" or "Apps"). These Services permit you to perform a number of functions for accounts you have with us including, but not limited to, checking, savings, credit card or loans ("Account" or "Accounts") through the use of a personal computer or mobile device (e.g., tablet or smart phone) ("Device").
By Clicking "I Agree" or "Submit" or logging on with your user ID and password you are:
You have an option to obtain a paper copy of the Agreement and any future communications. If you want a paper copy, click the print button or call us toll- free at 800-853-9586 and we will mail you a paper copy. We may assess a fee for such copy.
You do not have to consent to entering into or receiving the Agreement or future communications electronically. If you don't though, you will be unable to enroll electronically. If you don't want to enter into or receive the Agreement electronically or if you want to withdraw your consent, do not click "I agree" or log on. Instead, call 800-853-9586. Withdrawal of your consent will not affect transactions which occur before we receive notice from you and have reasonable opportunity to act.
By proceeding you are confirming that you can access, read and print all of the Agreement.
You may use the "contact us" feature to update information needed to contact you electronically.
As used below, "you" and "your" refer to the Customers. "We," "us" and "our" refer to FNBO. FNBO has divisions that operate under various brand names. For specific information, please (i) contact your local banker, (ii) call our Customer Care Center, or (iii) visit us online. "Services" refers to the various services that you can access via our website.
These terms and conditions are a contract and cover our Online / Mobile Business Banking Services generally. Some of those Services require enrollment and will not be available to you unless we have approved your enrollment. If you have not been enrolled in such a Service, the portion of these terms and conditions that cover that Service will not apply to you. Please keep a copy of this document in your records.
Your use of these Services may be affected by other agreements and supporting documents you may have with us related to your Accounts. When you link an Account to one of these Services, you agree to continue to abide by the terms you have with us for that Account as well as the terms of this Agreement. For example, if you link your checking Account to one of these Services, you remain obligated to comply with the checking Account terms as well as this Agreement. You should review all related agreements and supporting documents along with this Agreement for any applicable fees, limitations on the number of transactions or other restrictions that may affect your use of the Account with these Services.
If you terminate your Accounts you will not be able to use the Services. Use of the Services may involve the use of clearing systems or other networks or associations and use of the Services is subject to the rules of such clearing systems, network or associations. By using the Services, you agree to comply with such rules, as applicable. You agree that we are not responsible for the acts or omissions of any clearing systems, networks or associations or its members. See the paragraph under "Limitations; Compliance with Law" for further information about such rules.
WE WILL NEVER ASK YOU TO DISCLOSE A SECURITY DEVICE IN AN EMAIL AND WE WILL NEVER SEND YOU AN EMAIL THAT ASKS YOU TO GO TO ANOTHER WEBSITE TO VERIFY YOUR ACCOUNT INFORMATION FOR US. (FOR MORE INFORMATION, SEE THE "PHISHING" PARAGRAPH IN OUR SECURITY CENTER.)
IMPORTANT NOTE ABOUT OUR RIGHT TO SUSPEND SERVICES IN THE EVENT THAT WE HAVE SECURITY CONCERNS: We reserve the right to temporarily suspend access to our website, to any or all Services, and to suspend honoring payments and transfers from your Account whenever we deem appropriate, in our sole and absolute discretion. This may occur, for example, if we are concerned that a system security breach has occurred or has been or is being attempted. We may, among other things, consider incorrect attempts to use a Security Device or the failure to complete an attempted payment or transfer as an indication of an attempted security breach.
IMPORTANT: We may permit access to your Account information and may accept as authentic any instructions given to us by any person that has successfully logged on with a User ID assigned to any of your personnel or entities. You are solely responsible for all conduct and transmissions that take place under those User IDs. You agree to keep and to require your authorized personnel to keep your User IDs secret along with all passwords, PINs, challenge questions, activation codes, confirmations and other security devices and features that you may be provided in connection with the Services (all of which are referred to, along with your User ID, as your "Security Devices"). You agree to notify us immediately if any of your Security Devices are lost or stolen or if you believe someone else has discovered what your Security Devices are. You must not disclose your Security Devices to any one that is not authorized by you to use them; if any of your personnel disclose your Security Devices to another person, we are entitled to rely upon that person's authority to act on your behalf. We may permit such a person to access your Account information, to make payments and transfers and to otherwise use the Services. You are responsible for following all directions provided with respect to use of the Security Devices. To the extent that the Services enable you to select your Security Devices, you agree to select Security Devices that are as secure as possible (for example, Security Devices that are difficult to guess, long not short, composed of letters and numbers, and that follow any other recommendations we provide). To the extent that the Services allow you to change your Security Devices, we recommend that you do so regularly and frequently. Security Devices should be cancelled or changed whenever any person with access thereto transfers to a new assignment, leaves your employ or is otherwise no longer authorized to use a Security Device on your behalf or if you have any reason to believe that the security of your Security Devices has been breached. Certain of your personnel (referred to here as "Administrators") may have the ability to add, delete, and modify Security Devices and to determine which of your employees or representatives have access to the Services, and the type of access they have (your "Users"; your Administrators are also considered Users). Your Administrators are solely responsible for determining, on your behalf, who should be trusted with a Security Device and for supervising their use thereof. You are responsible for all transactions initiated by your Users even though they engage in transactions that you have not authorized, regardless of the purpose thereof and regardless of whether the User violates your rules pertaining to use of the Services. If a User loses or forgets a Security Device, they should contact your Administrator. If your Administrator loses or forgets a Security Device, they should contact us. You understand and agree that any one User may be able to initiate transactions (including transfer and payment transactions) using the Services, regardless of whether the User was previously an authorized signer on the affected Accounts and regardless of whether any of those Accounts normally have other restrictions or require dual signatures. We do not assume liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to: (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested payments and transfers as we deem appropriate. This means, for example, that we may require your written or other verification before we make a transfer. Our records will be final and conclusive in all questions concerning whether or not any of your Security Devices was used in connection with a particular transaction. If any unauthorized use of your Security Devices occurs, you agree to: (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance that we request in recovering any unauthorized payment or transfer.
Although transactions will normally be deducted from your Account on or about the process date, the process date is NOT the date your payee or transferee will receive your payment or transfer. You are responsible for initiating each payment and transfer far enough in advance to assure that your payee or transferee receives it by the date you want. Depending on the mode of payment, we generally recommend a process date of four (4) to eight (8) business days in advance of the date you want the payee or transferee to receive the transaction. We also recommend that you treat your initial due date as the date your payee or transferee should receive payment, not the end of a grace period. Although our system may identify an estimated arrival date for your transaction, we do not guarantee that your payee or transferee will receive your payment or transfer on that date. Our system may provide features that allow you to edit or stop previously entered transactions. If you wish to edit or stop a transaction, you must do so before the cut-off time on the process date for the affected payment or transfer.
To enroll, you may download the App to your Device. If you agree to these terms, it becomes part of this Agreement. You agree to these terms by reading them and when you SELECT "ACCEPT" on your Device. Corporate Treasury Services or analysis Customers will require supplemental enrollment procedures in order to be operational.
BY ENROLLING, YOU CONSENT TO BEING CONTACTED AT THE MOBILE PHONE NUMBER AND EMAIL ADDRESS THAT YOU PROVIDE. THIS INCLUDES BUT IS NOT LIMITED TO CONTACT THROUGH LIVE OPERATORS, TEXT MESSAGES, PUSH NOTIFICATIONS, EMAIL MESSAGES, AUTOMATIC TELEPHONE DIALING SYSTEMS AND ARTIFICIAL OR PRERECORDED VOICE MESSAGES. CONTACT MAY OCCUR TO RESPOND TO YOUR INQUIRIES, TO COLLECT MONEY YOU OWE US AND FOR OTHER CUSTOMER SERVICE PURPOSES. YOU CONSENT TO THESE CALLS, TEXT MESSAGES AND PUSH NOTIFICATIONS EVEN IF THE MOBILE PHONE NUMBER PROVIDED IS ON ANY STATE OR FEDERAL "DO-NOT-CALL" LIST AND EVEN IF YOU HAVE PREVIOUSLY REQUESTED US NOT TO CONTACT YOU AT THE MOBILE PHONE NUMBER. YOUR SERVICE PROVIDERS'S MESSAGE AND DATA RATES MAY APPLY.
You acknowledge that the Mobile Banking Services may change over time and that if you wish to continue to access and receive the Mobile Banking Services, you may be required to download a certain App and updates from time to time. Additional enrollments may be required for some Mobile Banking Services. You must be the authorized user of the Device that you wish to enroll and it must have the functions needed to support Mobile Banking (e.g., it must be web-enabled. The Mobile Banking Services may not be accessible in all geographic locations and may not function with some Devices, Service Provider and mobile plans. You are solely responsible for charges imposed by your carrier or any third party based on the use of your Device. Not all customers are eligible for the Mobile Banking Services. You may not be able to enroll if you are not eligible or if you do not follow all enrollment instructions. You represent that the information you supplied with your enrollment is accurate. You agree to keep the information in your mobile banking profile accurate and up-to-date and you should notify us in advance if your phone number, email or address is going to change. You consent to receiving electronic communications from us through your Device and our website.
You agree to use ordinary care in using the Mobile Banking Services. You agree not to share your Device or your user ID, password or other log in credentials with others. You agree to protect your Device against loss, theft or unauthorized use and you agree to follow the security recommendations that we make to you from time to time. You must not leave your Device unattended while logged into the Mobile Banking Services and you must log off immediately at the completion of each session. You agree to notify us immediately if your Device is lost or stolen or if you believe the security of your user ID, password or other log-in credentials has been compromised. You are responsible for protecting your Device against viruses, key loggers, malware and other unwanted functionalities. You may not use your Device through an unsecured network (such as public Wi-Fi) or from a location outside the United States, You also agree to monitor the activity in your Accounts and to keep informed of any changes in terms by diligently using the Mobile Banking Services and other information we make available. You understand that we may monitor any and all communications and transactions in connection with the Mobile Banking Services. You agree to cooperate with any reviews, audits or investigations that we conduct related to your use of the Mobile Banking Services.
FAILURE TO PROTECT YOUR DEVICE, USER ID, PASSWORD OR OTHER LOG-IN CREDENTIALS OR FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN SOMEONE ELSE BEING ABLE TO ACCESS THE MOBILE BANKING SERVICES AND/OR YOUR ACCOUNTS IN YOUR NAME. WE WILL CONSIDER ANY ACCESS AND ANY TRANSACTION USING YOUR USER ID ANDPASSWORD OR OTHER LOG-IN CREDENTIALS AS BEING AUTHORIZED BY YOU. YOU ASSUME, TO THE FULLEST EXTENT ALLOWED BY LAW, ALL RISK OF FRAUDULENT OR UNAUTHORIZED ACCESS AND TRANSACTIONS MADE WITH YOUR USER ID AND PASSWORD OR OTHER LOG-IN CREDENTIALS.
You accept responsibility for the losses we suffer in connection with providing the Mobile Banking Services to you. More specifically, you agree to indemnify, defend and hold us harmless from and against any and all liabilities, claims, losses, costs, damages and expenses (including reasonable attorneys fees) related to:
You are not required to indemnify us for our willful misconduct. Your responsibility under this paragraph survives any termination of these Services or our relationship.
These terms supplement our Online Banking Services Terms of which remain in effect. If you download an App in connection with the Mobile Banking Services, you agree to comply with the terms and conditions applicable to that App in addition to these terms. You have no right, title, or interest in any mobile application that you download or in any intellectual property relating to the mobile application. You agree not to copy, reproduce, reverse engineer, decompile or disassemble any mobile application. You agree not to use any App except to access the Mobile Banking Services. All works of authorship, trademarks, service marks, resources, tools, services, features, business methods and processes and other information and content that you may access through the Mobile Banking Services are subject to the Copyright and Trademark Notices information in the "Terms of Use" section of this Agreement, the same as if they were accessed through our website.
We will use ordinary care in providing the Mobile Banking Services. We do not guarantee that the Mobile Banking Services will be uninterrupted or error free. We are not responsible for problems with your Device, for interruptions to or problems with your Service Provider, or for losses or errors that occur during the transmission of information to or from us. We may have liability to you imposed by statute, which cannot be waived. Except for that liability, IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WE WERE INFORMED OF THEIR POSSIBILITY. THE MOBILE BANKING SERVICES ARE PROVIDED AS IS AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE MOBILE BANKING SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The preceding limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose.
The mobile remote deposit feature provides a way for you to deposit certain checks into your checking or savings Account by using your Device to send us an image of the checks and other information. A remote deposit may not be provisionally credited to your checking or savings Account until the next business day if we receive it after 8:00 p.m. Central Time or on a day that is not a business day. Funds from remote deposits will not be available immediately. Remote deposits are not addressed by the Funds Availability Policy that we have previously provided to you. We may nonetheless choose (but are not obligated) to treat them as subject to that policy, including the exceptions and holds referenced in that policy. Funds from remote deposits will not be made available faster than any other type of deposit. We may convert the information and images you submit in a remote deposit into a differently formatted item and may then collect that item in the manner we choose. Even though we may have sent you a confirmation or receipt, if your items are not finally paid or are returned to us for any reason, we may reverse the credit to your checking or savings Account. Returned items will be available to you in a format we select.
You may not use the remote deposit feature to deposit more than the underwriting limits set for your particular type of Account. Your applicable limits will be as indicated or referenced within the Mobile App and are made up of a limit on the number of items and dollar amounts. If we allow you to exceed these limits, your remote deposit will still be subject to these terms and we will not be obligated to allow you to exceed the limits again. These limitations are subject to change at any time without advance notice. We may reject any image that you submit as a remote deposit. We may reject a remote deposit even if we have indicated to you that the image was successfully submitted. We are not responsible for the losses you may suffer because we reject an image or a remote deposit. If we reject any image that you submit as a remote deposit, you may still attempt to deposit the original paper check through other available means.
You agree to comply with the instructions and restrictions we provide from time to time (including the instructions provided through the App or if applicable in a Product/Service or User Guide). For example, to be able to use the Mobile Remote Deposit Feature, users must agree to permit the mobile app access to the Device's Global Positioning System (GPS) or related location information in order for the feature to function. You agree not to remote deposit any check that has been previously negotiated or:
When you submit an item for remote deposit, you should receive a message indicating that it has been "successfully submitted." Notify us right away if you do not receive this message. If you do not notify us within one (1) business day after submitting your item you agree not to make a later claim about that remote deposit. You agree not to use the feature in any manner or in connection with any activity that constitutes a violation of any law or that may subject us to legal action.
Each time you use the remote deposit feature, you are authorizing us to accept the relevant deposit to your Account and you are representing to us that:
For each check and the item it is converted into, you also accept the same responsibilities and liabilities that you would have had if you had deposited the original check in person. You agree to reimburse us for all claims, costs, losses or damages we incur that could have been prevented because you fail to supply a restrictive endorsement where required. You have all these responsibilities and are subject to these terms with respect to every remote deposit that is made using your user ID and password. You agree to notify us immediately if any original checks are lost or stolen after they are deposited.
We do not guarantee the delivery or the accuracy of any content accessed through Passcode features. We are not responsible for: (i) Inaccurate or incomplete content; or (ii) your dependence on or use of the information provided for any purpose; or (iii) security relating to the content delivered through Passcode.
By completing the Passcode activation process or continuing to use this feature, you agree to comply with the instructions and restrictions we provide from time to time (including the instructions we provide via the Passcode feature). Passcode is a part of and adheres to all applicable Mobile Banking Services Terms. You accept the risks that are involved each time you enable the Passcode feature. An unintended third party could have access to your Account information without your consent or knowledge. See the "Your Responsibility for Losses" paragraph above as it relates to opting in to the Passcode feature.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOLLOWING TERMS OF USE AND THAT YOU ACCEPT AND WILL BE BOUND BY THEM, AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE. ANY USE OF THE WEBSITE IS AT YOUR SOLE RISK. "WE", "US" AND "OUR" REFER TO FNBO.
In addition to these Terms of Use, please see our Privacy Policy and our Security Center
As a condition to the use of our website, you agree not to use our site for any purpose or transaction that is unlawful or prohibited by these terms or any other agreement you have with us. You also agree not to use our website in any manner which could: (1) damage, disable, overburden, or impair our website or anyone else's site; or (2) interfere with any other party's access to or use of our website or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of our website through any means we do not intentionally make available on the site. You agree not to frame our website or to mirror our website on any other site and agree not to link to any portion of our site other than our home page. Unauthorized use of this website and systems, including but not limited to, unauthorized use of our systems, misuse of passwords, or misuse of any information posted to this website, is strictly prohibited.
The works of authorship contained at www.fnbo.com, including but not limited to all design, text, sound, software, source code, recordings, graphics, images and content of this site, are owned, except as otherwise expressly stated, by us or one of our affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights. You may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Trademarks or service marks referenced on our website are our property or property of their respective owners. You may not copy or display or use the trademarks or service mark (except as strictly necessary for you to view these materials on your own computer), for any commercial or public purpose without our prior written consent.
We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to our website, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these terms, nothing shall be deemed to grant you any right, title, interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable.
This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.
If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information in writing to the email address listed below (a "Notice"): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us, any alleged infringer, or any copyright owner or its authorized agent or licensee.
Notice must be emailed to: FNBOCopyrightOffice@fnni.com
We reserve the right to terminate access to our website and any or all services in whole or in part at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to our website and any or all services in situations we deem appropriate, in our sole and absolute discretion, including, without limitation, when we believe a system security breach has occurred or is being attempted.
This information on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. Although we strive for accuracy, some information and resources provided to you using the services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on our Website including without limitation, product descriptions, definitions, explanations of uses, frequently asked questions, glossary of terms, and helpful hints are provided for your convenience only. We may change our products, services, terms, conditions and pricing at any time without notice and without first updating our website. Nothing on our website is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters. Tools that you may access through our site (such as loan or investment calculators) are provided for your convenience, but are not guaranteed to be error-free.
THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE AND ALL THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
NEITHER WE NOR ANY THIRD PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR AND OUR AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.
You agree that any cause of action arising out of or related to the Website, the Services, or this Agreement must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Claims not raised in accordance with the dispute resolution procedures set forth herein shall be deemed barred.
This Website contains links to other Websites. We are not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website does not imply approval or endorsement of the linked Website by us.
All information submitted via this site by a visitor to this Website shall be deemed and remain our property and by sending us such information you: (1) grant us an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (2) agree that we are free to use any ideas, expressions of ideas, concepts, know-how, designs, techniques for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products incorporating such information that you send us. We shall not be subject to any obligations of confidentiality regarding such submitted information except as agreed by our entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing our responsibilities and obligations to customers in accordance with our Privacy Policy posted on our website.
We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.
Unless we otherwise agree in writing, Nebraska law governs these terms and all aspects of our relationship with you. If any part of these terms is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms, our website, the Services or any aspect of our relationship with you shall be commenced and maintained solely and exclusively in the state or federal courts in the county and state where your local branch of the bank is located and you expressly consent to the personal and exclusive jurisdiction of such courts.
The Services are not necessarily available everywhere, and may or may not be available to non-residents or non-citizens of the United States. Accessing our website from outside the United States is not permitted, except for access by our existing customers. Information about products and services is provided for informational purposes only and should not be considered an offer to make those products and services available to you. We have no obligation to provide a product or service until: (i) we have received and approved an application in the form we require; and (ii) you have signed a separate written agreement in the form we require (if any). We may require in-person closings for certain products.
We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
In the event that you believe we have failed to comply with this Agreement or that you have a claim arising out of the Services, you agree to give us prompt written notice detailing your concerns and designating a representative with authority to conclusively resolve those concerns on your behalf. We will then promptly appoint a representative to work with your designated representative, and both parties will then cooperate in good faith to promptly resolve your concerns. All such disputes and claims must be submitted within thirty (30) days of the time you were in receipt of the information upon which the dispute or claim is based (such as, but not limited to, information contained on your periodic statements). If payment from a consumer account is involved, all such disputes and claims must be submitted within sixty (60) days of the date you were in receipt of the information upon which the dispute or claim is based.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Notices under this Agreement shall be given as follows:
To Us: To be valid, notices must be sent by email to businessonline@fnni.com and by certified mail, return receipt requested, to or to such other address as we may designate from time to time.
To You: Notices to you may be sent by email or regular mail. We may use any address maintained in your Company Profile on our website or any other address you have provided to us (we may maintain more than one address for you, depending on the products or services that you receive from us).
Notices to you shall be deemed to have been received twenty-four (24) hours after the email is sent. Notices to us shall be deemed to have been given three (3) days after the date of mailing by certified mail, return receipt requested.