Digital Business Banking Services Agreement

3.1 Parties to this Agreement

As used below, "you" and "your" refer to the Customers. "We," "us" and "our" refer to Bank. The Bank 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.

3.2 Relationship of the Parties

These terms and conditions are a contract and cover our 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.

3.3 Relation to Other Agreements or Rules

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. 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.

3.4 Termination of Accounts

If you terminate your Accounts you will not be able to use the Services.

3.5 Security

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 CUSTOMER SECURITY AND FRAUD PREVENTION 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 our App, 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 anyone 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. Unless you have enabled dual control, if available, 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 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.

4.1 Account Information

Balance information available on our website may not reflect outstanding checks or charges, unposted or pending transactions (such as deposits, payments or credits) or recent payments or transfers. Balances in deposit Accounts may also be subject to a hold (which will not necessarily be evident from your online statement, but you will receive written notice when the hold is placed). Online transaction history for accounts is limited. Refer to your bank statements for additional account history beyond what is shown within the online transaction history.

4.2 Email

DO NOT USE EMAIL TO NOTIFY US OF LOST OR STOLEN SECURITY DEVICES, LOST OR STOLEN CREDIT, DEBIT OR ATM CARDS OR UNAUTHORIZED PAYMENTS OR TRANSFERS. DO NOT SEND REQUESTS TO MAKE OR DISCONTINUE TRANSFER OR PAYMENT REQUESTS VIA EMAIL. PLEASE call us toll-free at 800-853-9586 TO NOTIFY US OF ANY OF THOSE ISSUES.

4.3 Service Availability

We make reasonable commercial efforts to make our Services and website available; however, we are not responsible for any scheduled downtime or other interruptions (for example, scheduled downtime needed for system updates or enhancements). We reserve the right to change service hours at any time.

4.4 Termination of Services

4.5 Changes

IMPORTANT NOTICE REGARDING CHANGES IN TERMS: We may unilaterally change the terms of this Agreement at any time. This includes modifications, deletions and the addition of new provisions, including non-financial provisions (for example, we may add provisions relating to our enforcement rights or the resolution of claims and disputes). If we make changes, we will send you a written or electronic notice, if required by law. Changes will be automatically effective on the date we specify and without the necessity of any further assent on your part. Unless we specify otherwise, changed terms will apply to your Accounts as then outstanding as well as to future transactions and balances. Each time you log in, you are confirming your assent to the terms of this Agreement, including all announced changes. Use of our Services is not, however, necessary for a change in terms to be effective. If you disagree with a change, you should stop using the Services.

4.6 Credit Review; Third Party Contacts

You agree that we may contact any source necessary and may obtain credit reports on you in connection with the Services. We may also contact third parties (such as but not limited to your payees and payors and other financial institutions) in connection with resolving problems with the Services (e.g., in connection with delayed or incorrectly posted payments).

4.7 Assignment

You may not transfer, assign or delegate your rights or duties under this Agreement. If you choose to use an aggregator or screen scraper service provider, you are authorizing them to act on your behalf in obtaining the Services. We reserve the right, at our sole discretion, to assign our rights and delegate our duties.

4.8 Authorization

4.9 Bill Pay: Payments and Transfers

DO NOT SEND PAYMENT OR TRANSFER TRANSACTION REQUESTS VIA EMAIL.

4.10 Stop Payments on Checks

4.11 Payments for a Loan or Line of Credit with Us

DO NOT SEND LOAN OR LINE OF CREDIT PAYMENT REQUESTS VIA EMAIL.

When you make a payment for a loan or line of credit with us, the timing of that payment depends on the type of payment you initiate:

4.12 Payments to a Credit Card Account with Us

DO NOT SEND CREDIT CARD PAYMENT REQUESTS VIA EMAIL.

4.13 Compliance with Law, Rules and Regulations

4.14 Required System-Generated Service Notifications

By using our Bill Pay Services, making internal transfers, and related payment Services, you agree that we may provide you with service-related notifications to keep you informed of material activity affecting your payments, transfers, and related accounts. These notifications may include confirmations, reminders, updates, and notices related to payments, transfers, billing information, and transaction status. You acknowledge and agree that these notifications are system-generated required service communications and are provided to support accurate processing and protect you from potential issues. You may not opt out of receiving these system-generated notifications, as they are necessary for your awareness of material events impacting your accounts and payments. Certain notifications may be eligible for delivery by text message if you choose to enroll. By opting in to receive text notifications, you represent and agree that you are authorized to receive text messages at the mobile number you provide, that a text message will be sent to that number, and that standard messaging and data rates may apply. Not all notifications are available by text message.

4.15 Statements

Payments and transfers from your Accounts with us will be reflected on the regular Account statements we make available to you. Payments from deposit Accounts with other institutions should be reflected on the statements you receive from those institutions. Please continue to review all the statements you receive through the mail. You may also review payments and transfers from your Accounts with us on your Account detail screens. If any of your statements show an incorrect or unauthorized transaction, you agree to notify us immediately. If you do not notify us within sixty (60) days of your statement date, your statement will be considered correct for all purposes and we will not be liable for any payments or transfers reflected thereon. You agree to promptly notify us of any change in your address or telephone number. You understand that you are responsible for maintaining prudent accounting controls, such as, but not limited to, having someone review your Account statements other than a User or Administrator.

4.16 Paperless Statements

To manage your paperless statement preference, log into your online banking and follow the instructions in your User Guide. If you have enrolled or later enroll to receive paperless statements, you agree these following terms and disclosures become part of this Agreement.

4.17 Balances

We may, but need not, make any payment or transfer if you do not have a sufficient balance on the date you request the payment or transfer or on the process date. If we do make the payment or transfer, you agree to immediately reimburse us for the overdraft that it creates (and understand that we may deduct the amount thereof from any other Account you, alone or with others, maintain with us). We may charge you a fee for the overdraft. We also reserve the right to reverse any payment or transfer that we made notwithstanding your insufficient funds. Although we may generally attempt to inform you if a requested payment or transfer is not made, we are not obligated to do so.

4.18 Account Alerts

4.19 Business Days

For purposes of these terms, our business days are Monday through Friday, excluding Saturdays, Sundays and federal holidays.

4.20 Confidentiality

We will disclose information to third parties about your Account or the transfers you make:

1. Where it is necessary for completing transfers;
2. In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
3. In order to comply with government agency or court orders; or
4. If you give us your written permission. Please also see our Privacy Policy.

4.21 Multiple Entities

If you have enrolled more than one organization or individual under a single Administrator, you represent and warrant that you have the authority to bind each such organization and individual to the terms hereof and that the Administrator has authority to act on behalf of all such organizations and individuals (including, but not limited to, by assigning User access to the Accounts of all such organizations and individuals), and you agree that each organization and individual shall be jointly and severally liable hereunder.

4.22 Business Use and Personal Use

The Services shall be used for business purposes only and you agree not to enroll any internal or external personal, family, household or other consumer accounts in these Services. You shall be responsible for the consequences of violating this restriction, even if we allow it to occur. Your usage privileges are revocable, nonexclusive, and nontransferable, without the right to sublicense. You may use this website and the services solely for your internal business purpose in connection with products and services offered by us. You are solely responsible for the tax consequences of all transfers between your various business and personal accounts and all payments you make using the Services.

4.23 Your Personnel

You are responsible for all acts and omissions of your officers, directors, partners, employees, agents, representatives and contractors, including your Administrators and Users (collectively, your "Personnel"). We are entitled, without further inquiry or investigation, to assume that the actions of your Personnel are appropriate and authorized by you. You are strongly advised to establish and maintain policies and procedures and accounting and auditing controls that will prevent (or at least allow the early detection of) fraud or other unauthorized activity by your Personnel. As between you and us, you agree to accept sole responsibility for losses attributable to the acts or omissions of your Personnel.

4.24 Fees

4.25 Our Liability for Online Banking Services

We are obligated under the UCC to re-credit your deposit Accounts for the amount of any items charged thereto which were not properly payable. We do not guarantee that Online Banking Services will be uninterrupted or error free. We may have liability to you imposed by statute, which cannot be waived, but any such liability is limited by the "Limitation of Liability and Disclaimer" in the "Terms of Use" section of this Agreement. Those limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose.

4.26 Complete Agreement

These terms are the complete terms of our Agreement with you with respect to the Services. This Agreement does not supersede the agreements, terms and conditions or disclosures (the "Other Terms") applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future (the "Other Products"), even if those Other Products are accessible through this website. Other Products could include, but are not limited to, deposit Accounts, credit cards, debit cards, other line of credit or loan products, credit/debit card processing services, and other cash management services (such as Business Connect, remote deposit capture and lockbox reporting). The Other Terms shall remain in full force and effect. This Agreement may, however, be deemed to supplement the Other Terms with respect to the online access to Other Products which is provided via this website. In the event of conflict between this Agreement and the Other Terms, whichever provision is more protective of us shall control. Your personnel agree to this Agreement on your behalf each time they log on. We are entitled to rely upon the latest such instance of their agreement on your behalf which is legal, valid and binding for the Customer entity in question.

5.1 Eligibility

You acknowledge that Mobile Banking Services may change over time and that if you wish to continue to access and receive 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). Mobile Banking Services may not be accessible in all geographic locations and may not function with some Devices, Service Provider(s) and mobile plans. You are solely responsible for charges imposed by your Service Provider, carrier or any third party based on the use of your Device. Not all customers are eligible for Mobile Banking Services. You may not be able to enroll if you are not eligible. 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.

5.2 Your Responsibility Generally

You agree to use ordinary care in using 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 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 should 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 Mobile Banking Services and other information we make available. You understand that we may monitor any and all communications and transactions in connection with Mobile Banking Services. You agree to cooperate with any reviews, audits or investigations that we conduct related to your use of 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 MOBILE BANKING SERVICES OR YOUR ACCOUNTS IN YOUR NAME. WE WILL CONSIDER ANY ACCESS AND ANY TRANSACTION USING YOUR USER ID AND PASSWORD 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.

5.3 Your Responsibility for Losses

You accept responsibility for the losses we suffer in connection with providing 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:

1. any third party claims arising out of our provision of Mobile Banking Services provided to you, including any responsibility that we have to third parties for handling or being associated with any transaction you initiate or any item or file that we create to collect your deposit;
2. your failure to fulfill your responsibilities or your breach of any of your representations or agreements in these terms or any other agreement with us; or
3. your acts, omissions, errors, requests, instructions, transactions or deposits.

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.

5.4 Additional Terms

These terms supplement our Online Banking Services Terms of which remain in effect. If you download an App in connection with 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 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 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.

5.5 Our Liability for Mobile Banking Services

We will use ordinary care in providing Mobile Banking Services. We do not guarantee that 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, but any such liability is limited by the "Limitation of Liability and Disclaimer" in the "Terms of Use" section of this Agreement. Those limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose.

5.6 Mobile Remote Deposit

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 the format we select.

5.7 Mobile Remote Deposit Limitations

You may not use the remote deposit feature to deposit more than the limits set for your particular type of Account. Your applicable limits will be as indicated or referenced within the 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.

5.8 Proper Use of the Mobile Remote Deposit Feature

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 remote deposit feature, users must agree to permit the 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:

1. any check drawn on an Account that you own;
2. any check drawn on a financial institution located outside the United States;
3. any check that is damaged, illegible, altered or incomplete;
4. any check that is marked "nonnegotiable," that is more than six (6) months old or that is not the original of the check;
5. any US Treasury check; or
6. any other check that we designate as ineligible.
   • each check you remote deposit is properly endorsed, including the application of any required restrictive endorsements, before you make an image of it (and, after you receive a message that the check has been "successfully submitted," you must write the words "ALREADY DEPOSITED" on the front of your check);
   • each image you submit is completely legible and that it accurately represents all of the information on the front and back of the original check, including all endorsements and required restrictive endorsements;
   • all information you remote deposit with each check image accurately reflects the original check and the image of the check you send us;
   • no remote deposit will include any duplicate checks and no remote deposit will include any amount for a check that has already been presented to or deposited with us or any other institution;
   • no check reflected in a remote deposit with us or any image of such a check will be subsequently transferred to anyone else or presented to or deposited with another institution;
   • after you make your remote deposit, the original paper checks will be stored securely in a locked drawer, cabinet or container accessible only by you for no less than sixty (60) days and no more than one hundred twenty (120) days and you will make those original checks available to us on request; and
   • the original checks will be completely and securely destroyed following the above time period, unless doing so would be a violation of law (original checks should not be disposed of in the garbage unless they are shredded first). You may not make or keep any other copies of the checks you remote deposit.

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.

5.9 Your Responsibility for Mobile Remote Deposits

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:

1. the remote deposit is of a check payable to and endorsed (including any required restrictive endorsements) by you and reflects a bona fide payment to you by the drawer of the check;
2. the check is not being deposited, directly or indirectly, for the benefit of any other person or entity;
3. you are not aware of any reason that the check will not be paid; and
4. as to each check reflected in a remote deposit:
   • you are a person entitled to enforce the check;
   • the check has not been altered;
   • the check bears all endorsements applied by parties that previously handled the check in any form (if any); and
   • no person will be charged for the check, or another paper or electronic representation of the check, such that they will be asked to make payment for a check or item that they have already paid.

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.

5.10 Passcode Access

6.1 General Restrictions Concerning Use of Our Website and App

As a condition to the use of our website or App, you agree not to use our website or App 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 or App in any manner which could: (1) damage, disable, overburden, or impair our website, the App or anyone else's website; or (2) interfere with any other party's access to or use of our website, App or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of our website or App through any means we do not intentionally make available on the website or App. 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, App and systems, including but not limited to, unauthorized use of our systems, misuse of passwords, or misuse of any information posted to this website or App, is strictly prohibited.

6.2 Copyright and Trademark Notices

The works of authorship contained on the Bank's websites and App including, but not limited to all design, text, sound, software, source code, recordings, graphics, images and content of the website or App, 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 or App are our property or property of their respective owners. You may not copy or display or use the trademarks or service marks (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 and App, 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.

6.3 Notification of Claimed Infringement

This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.

If you believe that any material or content posted on this website or App 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 disputed 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@fnbo.com

6.4 Limitation or Termination of Website or App Access

We reserve the right to terminate access to our website, the App 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, the App 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.

6.5 Information Accuracy

This information on this website or App 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 and App 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 Services, products, terms, conditions and pricing at any time without notice and without first updating our website or App. Nothing on our website or App 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 website or App (such as loan or investment calculators) are provided for your convenience, but are not guaranteed to be error-free.

6.6 Limitation of Liability and Disclaimer

THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEBSITE OR APP, OR THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP, IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE OR APP, OR THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP. WE AND ALL THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND APP, OR THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP, 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. NEITHER THE FAQS NOR ANY SERVICE DESCRIPTIONS CONTAINED IN MARKETING OR OTHER MATERIALS PROVIDED TO YOU BEFORE OR AFTER YOU AGREE TO THESE TERMS CONSTITUTE REPRESENTATIONS OR WARRANTIES.

THIS WEBSITE, THE APP, AND THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP, are not guaranteed to be free from error or interruption. WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR APP, OR THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE OR APP AND USER FILES AND THE USER'S BROWSER, OTHER SITE ACCESSING PROGRAM OR DEVICE. WE ARE NOT LIABLE FOR 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. FURTHERMORE, WE WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE CAUSED BY ACT OF GOD, STRIKE, FLOOD, FIRE, WAR, PUBLIC ENEMY, ANY ELECTRICAL, EQUIPMENT OR COMMUNICATIONS FAILURE, THIRD PARTY ACT OR OMISSION, OR ANY OTHER EVENT BEYOND OUR REASONABLE CONTROL.

NEITHER WE NOR ANY THIRD-PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE OR APP, OR THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP, AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION. 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, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE, THE APP OR ANY PORTION THEREOF, OR THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP, 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.

OUR LIABILITY FOR ANY LOSS OR DAMAGE FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO LIABILITY FOR DIRECT DAMAGES CAUSED BY OUR MATERIAL BREACH OF THIS AGREEMENT. OUR CUMULATIVE AGGREGATE LIABILITY SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL FEES PAID TO US FOR THE SERVICES INVOLVED IN THE BREACH FOR THE SIX (6) MONTHS PRECEDING THE BREACH.

IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR WEBSITE, THE APP OR THE SERVICES AVAILABLE VIA OUR WEBSITE OR APP, 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 App, 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. Your remedies herein are exclusive and in lieu of all other remedies in law or equity.

6.7 Links to Other Websites

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.

6.8 Information Submissions

All information submitted via this website or App by a visitor to this Website or user of the App 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.

6.9 Violations of Terms; Indemnity

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 website or block access and use of the App. 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 WEBSITE, APP, SERVICES AND INFORMATION PROVIDED AT THE WEBSITE OR APP.

6.10 Governing Law; Venue

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 App, 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.

6.11 Area of Service

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 or App 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 or services.

6.12 Waiver

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.

6.13 Dispute Resolution

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).

6.14 Severability

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.

6.15 Notices

Notices under this Agreement shall be given as follows:

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.