Online Banking Service Agreement | First Savings Bank - Arizona, Nebraska, Nevada, New Mexico, South Dakota, Texas

ONLINE BANKING SERVICE AGREEMENT

Effective Date: July 1, 2026

What This Agreement Covers

This Agreement between you and the bank governs your use of Online Banking Services (“Service”). These services permit you to perform a number of banking functions through the use of a personal computer, or for some Functions, a mobile device on Account linked to Service. It also contains important disclosure information relating to electronic funds transfers made through the Service.

Accepting the Agreement

By subscribing to the Service or using the Service to access Account information, or to make any transfer between Accounts or payment to a third party (“Payee(s)”), you agree to the terms of this Agreement. Access to Account information, transfers between Accounts and payments to Payees drawn on or debited against your Accounts, are referred to as “Transactions.” “Services Guide” means any other instructions, software and manuals, including those online, relating to the Service. “Agreement” means this Online Banking Agreement and the Services Guide, as may be amended or replaced. By using any new services that are made available, you agree to be bound by any terms and conditions that we communicate to you concerning the services.

“Account(s)” mean the checking, Money Market, savings accounts, or other accounts designated by you for access through the Service, including your designated Payment Account. In our sole discretion, we may refuse to include, or may exclude from continued use, an Account in the Service. The words “we”, “us”, “our”, “the bank” refer to First National Bank or First Savings Bank, the bank which holds the Accounts accessed by the Service, and any agent, independent contractor or assignee the bank may, in its sole discretion, involve in the provision of the Service. The words “you” and “your” refer to each person subscribing to the Service and each person who uses the Service with the permission of the subscriber.

We encourage you to keep this Agreement for your records. If you have any questions, ask any Financial Service Representative for assistance.

ONLINE BANKING SERVICES

Online Banking

You may use the Service to:

Access your Account Online. You may obtain account balances and Transaction information including access to your periodic statements, for your Accounts.
Transfer funds between your Accounts. A request to transfer funds between Accounts may not result in an immediate transfer or immediate funds availability because of the time required to process the files. If there are not available funds in the Account from which a transfer is being made at the time the transfer is processed, the transfer will be canceled and we will not make the transfer at a later date. You may schedule transfers for future dates. Requests made after 5:00 p.m. Central Time or on a non-Business Day will be considered made for the next Business Day.
Request Stop Payment. You can request a stop payment online. Stop payments are not guaranteed, but the bank will attempt to honor your request for items not already accepted for processing. Stop Payments placed through internet banking are effective for 182 days from the date you place the stop payment on-line. You will incur stop-payment charges as disclosed in the current fee schedule for the applicable account.

Bill Payment Services

In addition to the Online Banking features listed above, customers with eligible deposit accounts may also use the optional Bill Payment Service. The bank offers Bill Payment Service as a feature of our Online Banking Service. You may use this Online Bill Pay Service to pay your bills, view ebills online, and access your accounts. The Bill Payment Service is offered through CheckFree Services Corporation (“CheckFree”). The bank and/or CheckFree reserve the right to deny enrollment in the Bill Payment Service at any time or deny access to any account chosen for use in the Service for any reason at any time.

When scheduling payments you must select an Estimated Arrival Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select an Estimated Arrival Date that is at least one (1) Business Day before the actual Due Date. When scheduling payments, you will be shown the earliest possible Estimated Arrival Date your payment can be scheduled for each Biller. The number of Business Days in advance of the Estimated Arrival Date that payments must be scheduled for processing may vary by Biller between one (1) and four (4) Business Days. Some Billers may have made special arrangements with us to receive payments in less than four Business Days. You may change the Estimated Arrival Date shown for any Biller to a later business date of your choice when you schedule payments to them. Payments where the Biller requires payment stubs, coupons or remittance slips may require additional time to post, as Online Bill Pays do not provide such documentation. If you are aware that a Payee requires such documentation, you agree to select an Estimated Arrival Date to the Biller at least five (5) Business Days in advance of the Due Date. Occasionally a Biller may choose not to participate in the Online Bill Pay Service, or may require additional information before accepting payments. The Service will work with these Billers to encourage them to accept electronic check payments from the Service. If we are unsuccessful, or if we determine that the Biller cannot process payments in a timely manner, we may decline future payments to such Biller.

There is no cost to send bill payments except when a rush delivery is required. An overnight check is $14.95 and a same day payment is $9.95.

E-Bills are a feature of the Bill Payment Service in which participating Payees will send an electronic version of the bill. The payee bill summary and bill detail information are available.

YOU MUST COMPLY WITH THE BILL PAYMENT SCHEDULING INSTRUCTIONS OR ASSUME ALL RISK PERTAINING TO FINANCE OR ANY OTHER CHARGES THAT THE PAYEE/MERCHANT MIGHT IMPOSE.

By participating in Bill Payment Service and E-Bills, you are agreeing to the terms and conditions presented during the enrollment process.

Electronic Fund Transfers (EFT) Provisions for Consumers

Applicability

The terms and conditions apply only to electronic fund transfers that debit or credit a Consumer’s checking, savings or other asset account and are subject to the Federal Reserve Board’s Regulation E (an “EFT”). We may, when applicable, rely on any exceptions to the provisions in this Section that are in Regulation E. All terms in this Section not defined in this Agreement which are defined in Regulation E will have the meaning given in Regulation E.

Your liability for unauthorized EFTs

Your liability for an unauthorized EFT or a series of related unauthorized EFTs will be determined as follows:

If you notify us within 2 Business Days after learning of the loss or theft of your password, your liability will not exceed the lesser of $50 or the amount of unauthorized EFTs that occur before notice to us.
If you fail to notify us within 2 Business Days after learning of the loss or theft of your password, your liability will not exceed the lesser of $500 or the sum of:
$50 or the amount of unauthorized EFTs that occur within the 2 Business Days, whichever is less; and
the amount of unauthorized EFTs that occur after the close of 2 Business Days and before notice to us, provided we establish that these EFTs would not have occurred had you notified us within that 2-day period.
You must report an unauthorized EFT that appears on a periodic statement within 60 days of our transmittal of the statement to avoid liability for subsequent transfers. If you fail to do so, your liability will not exceed the amount of the unauthorized EFTs that occur after the close of the 60 days and before notice to us, and that we establish would not have occurred had you notified us within the 60-day period. You may, as applicable, also be liable for the amounts described in the immediately preceding sections 1 or 2 above.
If your delay in notifying us was due to extenuating circumstances, we will extend the times specified in the immediately preceding paragraphs 1, 2, or 3 above to a reasonable period.
You may notify us in person, by telephone, by email during a secure session using the appropriate form, or in writing.
The telephone number and addresses of the person or office in which your Account is held to be notified when you believe that an unauthorized EFT has been or may be made are:
- 1-800-555-6895,
- First National Bank Pierre customers, P.O. Box 730, Pierre, SD 57501
- First National Bank Fulda customers, P.O. Box P, Fulda, MN 56131
- First Savings Bank customers, P.O. Box 431, Beresford, SD 57004

Our Liability for Failure to Make Transfers

If we do not complete a Transaction to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your actual losses, if any, as provided by applicable laws and regulations. However, there are some exceptions. We will not be liable for instance:

If, through no fault of ours, you do not have enough available funds in your Account to complete a Transaction on that Account.
If the Transaction would be over the limit of your available credit limit.
If you have not properly followed instructions for using the Service, or if your computer, software, related equipment, electrical power or telephone service fails or malfunctions.
If the money in your Accounts is subject to legal process or other claim restricting such transfer.
If the Service was not working properly and you knew about the breakdown when you started the Transaction.
If circumstances beyond our control (such as fire, telecommunication outages and malfunctions, or natural disasters) prevent the proper execution of the transaction and the bank has taken reasonably precautions to avoid those circumstances.

In case of errors or questions about your EFTs

For all Eligible Accounts, if you think your electronic transfer statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt, call your local bank or 1-800-555-6895 or the number listed on the statement for your Account, or write us at the address listed above as soon as possible.

We must hear from you no later than 60 days after the date we send the first statement on which the problem or error appeared:

Your name and account number
The date and dollar amount of the transaction in question
Describe the error or the Transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

If you tell us orally, we may require that you send your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time to conduct our investigation, however, we will notify you of our need for an extension, which may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.

For electronic fund transfer errors that occurred within 30 days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you an explanation. You may ask for copies of the documents that we used in the investigation.

Confidentiality

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

To complete transfers as necessary
To verify the existence and condition of your Account upon the request of a third party, such as a credit bureau or merchant, or
To comply with government agency or court orders; or
If you give us your written permission

Documentation

The cardholder will receive a receipt each time an ATM is used to make an electronic transfer to or from your Eligible Account, unless the cardholder is notified otherwise before completing the transaction. However, receipts for transactions of $15.00 or less may not always be available. The receipt is evidence of the transaction as recorded by the ATM or the Service, as applicable. All transactions are subject to posting, final payment or verification, as applicable. You can use the receipt to reconcile the statement for the Eligible Account.
You have the right to find out whether an EFT was credited to your Eligible Account. Please contact the bank at the number listed above to find out whether or not the deposit has been made.
We will send you a monthly statement if there are EFTs in a particular month. Otherwise, we will send you a statement at least quarterly.

Notice of change in amount

If you authorize a person to regularly debit your Eligible Account and the amount varies from the previous amount debited, the person debiting your Eligible Account is required to tell you, at least 10 days before each debit, when the debit will be made and how much it will be.

Stop payment of preauthorized EFTs

You may place a stop payment order on preauthorized EFTs by calling the bank at the number listed on the statement for your Eligible Account at least 3 Business Days prior to the scheduled transfer date. We require your name and the Account number associated with the transfer, and the exact (a) name of the payee, (b) the exact payment amount, and (c) scheduled transfer date. Failure to provide correct and complete information may make it impossible for us to stop payment of the preauthorized EFT. You agree to indemnify and hold us harmless from and against any loss incurred by us as a result of our paying an EFT if any of the information relied upon in the stop payment order is incorrect or incomplete (or as a result of our not paying a preauthorized EFT for which a valid stop payment order is in effect). If we pay a preauthorized EFT despite a valid stop payment order, we will be liable for your losses or damages.

Alerts

Your enrollment in our Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your account(s). Alerts are provided within the following categories:

Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.

Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within our Online Banking and Alert menu within our Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. The Bank reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop Alerts via text message, text “STOP” to 995-88 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 995-88. In case of questions please contact customer service at 1-800-555-6895. Our participating carriers include (but are not limited to) AT&T^®, Sprint^®, T-Mobile^®, and Verizon^®.

Limitations. The Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside the Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold the Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

Message and data rates may apply.

EStatements and ENotices

First National Bank and First Savings Bank (collectively, the “Bank”, “we” or “us”) offer eStatements and eNotices service (the “Service”) through which you may access periodic statements, notices, and related disclosures regarding your account(s) with the Bank (each, an “Account”) in electronic format. Customers that enroll in the service can access their eStatements online using their login credentials for Internet Banking or Mobile Banking (collectively, “Online Banking”).

Enrollment

Enrollment in the service is optional and must be completed within Online Banking. If more than one person is associated with an account, the term “you” or “your”, as used in these Terms of Use, means either you as an individual or all persons associated with the account, as the context requires. You acknowledge and agree that consent to these Terms of Use by any authorized individual will be deemed consent from all persons associated with the account. You understand that, if you enroll in the service, the Bank will not send you paper copies of periodic statements or related disclosures regarding your account (collectively, “Paper Statements”), except as otherwise provided in these Terms of Use.

Transaction History

Once enrolled, your current eStatement and up to twenty-four (24) previous months’ eStatements will be available in Online Banking. You may also request a copy of any statement outside this period by contacting the Bank at 800-555-6895.

Scope of Consent

If you enroll in the service for an account, your consent applies to all future eStatements in connection with such account, until you withdraw such consent. You may find additional information about withdrawing consent in the “Withdrawing Consent” section below. However, we may choose to send a Paper Statement to the mailing address associated with an account for any reason. If we choose to send you a Paper Statement while you are enrolled in the service, you will not be charged any applicable Paper Statement fees.

Hardware/Software Requirements to View, Download, and Print eStatements

To access and retain copies of eStatements, you will need a desktop, tablet or mobile device with Internet connectivity that supports the following hardware and software:

a modern web or mobile browser (e.g., Edge, Chrome or Safari) or Mobile Banking application
a PDF file reader such as Adobe Reader (this is included in modern web browsers)
a printer or sufficient storage space on your device to download copies of eStatements

We will notify you of any changes to the hardware and software requirements for accessing eStatements.

Withdrawing Consent

You may withdraw your consent to receiving eStatements at any time by contacting the Bank at 800-555-6895. Upon withdrawing your consent, the services will automatically terminate, and the Bank will send Paper Statements beginning with your next statement cycle. Your local branch may charge fees for Paper Statements. Information regarding any fees charged by your local branch for Paper Statements may be accessed by contacting the Bank at 800-555- 6895 or obtained at your local branch. Fees are subject to change at any time by the Bank.

E-Mail Address Change

In order to continue receiving e-mail notifications of the availability of eStatements, you must have a valid and active email address. Therefore, you agree to promptly notify us of any change to your email address by logging into Online Banking and choosing “Profile” or by contacting the Bank at 800-555-6895. If you do not update your email address, you will not receive email notifications when statements are available for viewing. You further agree that we are not liable for any third party-incurred fees, other legal liability, or any other issues or liabilities arising from eStatements or eNotices sent to an invalid or inactive e-mail address.

Amendments

You understand and agree that we reserve the right to change the Terms and Conditions of this Consent and Authorization. Where required by law, we will notify you of the change via mail through the United States Post Office at the address currently on file. Accessing your eStatements after receiving notice of the change shall constitute your agreement to the change. We also reserve the right to discontinue the eStatement service at any time.

Notification of Unauthorized Activity

eStatements are available through our Online Banking. You are responsible for maintaining the confidentiality of your password and account information. You are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. You may not use anyone else’s password at any time.

E-mail

We preserve the content of your e-mail, your e-mail address and our response so that we can more efficiently handle any follow-up questions you may have. We also do this to meet legal and regulatory requirements. If we think that a particular account or service might apply to your situation, we may occasionally contact you at your e-mail address to inform you of potential benefits and availability.

As part of this Agreement you agree we are permitted to send messages about bank products and services that may fit your needs to the e-mail address you provide in connection with online banking and eStatements. You may elect to not receive such messages at any point by calling us at 1-888-555-6895. Any such messages we send will also explain how you can stop receiving these messages.

If you send e-mail to us, please remember that e-mail is not secure against interception. If your e-mail contains information that is very sensitive or includes personal information such as your Account numbers, credit/debit card number, or social security number, you may want to send this information via postal mail.

For secure transmissions, your e-mails to us should be sent through our Contact Us pages. We may respond to your request using our secure email system in order to maintain confidentiality. You may also contact us by phone, U.S. mail or by visiting your nearest branch. See our Contact Us link on our website.

Surveys

The information you provide on surveys and promotions on our web site will be used for internal marketing purposes, including developing web site information and services that you may find helpful. In addition, we may inform you of new accounts and services we may offer in the future based on the information you provide to us.

SECURITY

Security

Regardless of whether you are using a Public Computer or your own private computer, you are responsible for protecting the confidentiality of your User Name, Password and Token. We urge you to use maximum caution in protecting this information.

Internet connections can be insecure and may provide the opportunity for the unauthorized interception, diversion, access or disclosure of your private information. Computers are regularly subjected to attacks by third-parties attempting to obtain unauthorized access to your private information through malicious software, malware, spyware or other electronic means. Reasonable steps have been taken by the bank to protect our mail and web servers by utilizing malicious detection software; but you are required to take all necessary steps to ensure that no virus contamination occurs on your electronic devices. The bank highly recommends that you routinely scan your systems and removable media using systems protection software to detect and remove any malicious software. Undetected or un-repaired malicious software may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the malicious software to other systems. You are responsible for maintaining protection against unauthorized third-party access to your private information stored on or transmitted to and from your computer, any Public Computer, or electronic device which you choose to use. The bank is not responsible for any loss, financial loss, injury or damage, whether direct or indirect, special or consequential, arising in any way out of the installation, use or maintenance of your PC, electronic device or related software, including without limitation that use of any information obtained by a third-party from your PC by any means including that obtained by the use of any malicious computer code or program.

Passwords and/or Personal Identification Numbers (PIN)

Passwords and/or Personal Identification Number(s) (“PIN”) are provided for your use and protection. You must change the password and/or PIN to a unique number at the time you first use the Service. You shall select a password which will be used to access information. The password will consist of 8 characters both alpha and numeric. Two characters must be alpha and two (2) characters must be numeric. You will be required to change your password on a periodic basis. You are responsible for all transfers made using your password. You shall not make available a written record of your password and will not otherwise disclose your password, and you acknowledge that disclosure of your password to others may result in unauthorized uses for which you may be fully liable. You assume complete responsibility for adequately securing your access to and use in connection therewith. You will call the Bank IMMEDIATELY if you believe that your password has been or may be used without your permission. You may call your local bank or (800) 555-6895.

All use of the Internet Services and requests made by means of your password (regardless of the person so using the password) shall be deemed authorized by you, and the bank may so treat such use of Internet Services as bank allowed use of your password by someone other than you. Except in the case of gross negligence or willful misconduct of the bank, which allows use of your password by someone other than you, you assume all risks and liability with respect to use of the Internet Services communicated to us except in encrypted form. Once you change your password we will not be able to tell you what it is. However, we can assist you in establishing a new one. Bank will never contact you via phone or e-mail requesting login and password information. Any request of login or password information should be considered fraudulent. Bank will not direct you to a link to a website within an email message.

You agree to: (a) not disclose the password and/or PIN or otherwise make it available to anyone else; (b) use the password and/or PIN as instructed in the Services Guide; (c) immediately notify us of any loss or theft of the password and/or PIN; and (d) be liable for the password and/or PIN and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your password and/or PIN as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your password and/or PIN, you will have authorized that person to access your Accounts and you are responsible for all Transactions that person initiates or authorizes from your Accounts.

We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of Transactions from your Accounts for security reasons.

PRIVACY

Protecting Your Privacy

Federal law gives you the right to limit some but not all sharing. We are required to tell you how we collect, share and protect your personal and financial information.

Recognition of a Customer’s Expectation of Privacy

We recognize the importance of keeping your personal and financial information accurate and confidential at all times. We handle this information carefully because we value the trust you place in us when you decide to become our customer.

Categories of information we collect

The personal and financial information about you we collect can include:

Social Security Number and Income
Account Balances and Payment History
Credit History and Credit Scores

Collection, Retention, and Use of Customer Information

We collect, retain, and use information about you in accordance with regulatory requirements, to enhance the quality of service and products we provide, and to inform you about additional opportunities that may be beneficial.

Categories of information we can share and you cannot limit the sharing:

The reasons we can share your personal information include:

For our everyday business purposes such as to process your Transactions, maintain your Account(s), respond to court orders and legal investigations or report to credit bureaus.
For our marketing purposes to offer our products and services to you.

If you decide to close your Account(s) or become an inactive customer, we will continue to adhere to the terms of this Privacy Policy.

Maintaining Customer Privacy In Business Relationships With Third Parties

We may disclose all of the information we collect, as described above, to companies that provide us with products or services that help us furnish banking services to you (for example, check printers, appraisers, loan processors, etc.). If we do so, we will insist (through a written Agreement) that such person follow privacy principles similar to those stated in this Privacy Policy.

Maintenance of Accurate Information

We continually strive to maintain complete and accurate information about you and your Accounts. If you ever believe that our records contain inaccurate or incomplete information, please notify us. We will investigate your concerns and correct any inaccuracies.

Confidentiality and Security

We maintain physical, electronic, and procedural safeguards that comply with Federal regulations to guard your personal and financial information. Our employees do not access your personal or financial information unless they have a business reason to have access to this information. We educate our employees on the importance of maintaining the confidentiality of your personal and financial information and on this Privacy Policy.

Privacy Information Specific to Internet Usage

1. When you visit our website, we want to assure you that we adhere to this Privacy Policy.
2. We collect and store information about “hits” on our website for internal review purposes only. Such information may include the name of the domain from which you access the Internet (such as Compuserve.com or att.net), the date and time you access our site, and the Internet address of the website from which you linked to us. This information enables us to see how you use our website and keep our website user-friendly.
3. Our website does not require you disclose any personally identifying information. However, if you do provide personal information, such as your mailing and e-mail address, telephone and fax numbers, or demographic and customer identification, we will not disclose (share, sell, or divulge) it to persons outside our family of banks except:
a. In order to complete a Transaction initiated by you
b. At your request
c. In response to legal process (for example, a subpoena that complies with applicable right to financial privacy laws)
d. To persons who provide us with products or services that help us furnish banking services to you (for example, check printers, appraisers, loan processors, etc.)
4. In order to provide better service, we will use a “cookie.” A cookie is a small piece of information, which a website stores on your PC for later retrieval. The cookie cannot be read by a website other than the one that set the cookie. We use cookies for a number of administrative purposes, for example, to store preferences for certain kinds of information so that it does not have to be input for every visit someone makes to our site. Some cookies last only through a single session, or visit. None will contain information that will enable anyone to contact the visitor via telephone, e-mail, or regular mail. In addition, web browsers can be set to inform the visitor when cookies are set or to prevent cookies from being set.

Disclosures

This Privacy Policy will be provided to each new customer at the time the customer relationship is established. The Privacy Policy is available on our website. Anyone may receive a copy of this Privacy Policy upon request.

OTHER TERMS AND CONDITIONS

Business Days

“Business Days” are Monday through Friday, except legal holidays. You can use the Service on the days and during the hours specified in the Services Guide, except during maintenance periods. However, we can process Transactions only on Business Days. “Banking Day” means that part of any Business Day on which we are open to the public for carrying on substantially all of our banking functions. There are some holidays when the bank may close at 12:00 p.m. CST. Teller transactions that occur on or after 12:00 p.m. CST and Electronic Banking transactions that occur after 5:00 p.m. CST on these days are considered next Business Day.

Changes to the Agreement

Much of our relationship with you is regulated by state and federal law, including the Uniform Commercial Code, and regulations of the Federal Reserve System, other regulatory agencies and clearinghouse associations. These laws and regulations, as well as the terms of the Agreement, may change from time to time without notice to you unless required by law. The website will be updated on or before the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule, or regulation requires that it be updated at an earlier time. If such a change is made, and it cannot be disclosed without jeopardizing the security of the system, this Agreement will be updated within 30 days after the change. Your continued use of the Service following receipt of the Agreement or notice of a change is considered acceptance of the Agreement or change. Except as otherwise required by law, any change to this Agreement applies only to transactions that occur, or claims that arise, after the amendment becomes effective.

Termination of This Agreement

You may terminate your use of the Service at any time by writing Customer Service at your local bank. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if the Account is closed, or access to the Account is restricted for any reason. If you terminate the Service, you authorize us to continue making transfers and payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your termination notice, not to be less than 5 Business Days. Once we have acted upon your termination notice, we will make no further transfer or payment from your Account, including any transfer or payment you have previously authorized. If we terminate your use of the Service, we reserve the right to make no further transfers or payments from your Accounts, including any Transactions you have previously authorized. If you would like to transfer the Service to a different account with us, you must provide 10 Business Days advance written notice. Termination will not affect your liability or obligations under the Agreement.

Fees

Fees separately disclosed to you in connection with an Account or Online Service apply when using the Service. Additional fees may apply to specific services. Other fees may be assessed and billed separately by your internet, telephone, and/or mobile device service provider.

Governing Law/Severability

The Agreement shall be governed by the laws of the state in which the Payment Account was opened and applicable Federal laws and regulations. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Assignment

You may not assign the Agreement to any other party. We may assign the Agreement or delegate any or all of our rights and responsibilities under the Agreement to any third parties.

Waivers

No provision or requirement of this Agreement shall be deemed waived by the Bank except pursuant to a written Agreement of waiver executed by an authorized officer of the Bank.

Remedies

No delay or omission by us in exercising any rights or remedies under the Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy. No waiver shall be valid unless signed in writing by us.

Additional responsibilities

This Agreement does not supersede Deposit Account Agreements, any signature card rules and regulations, Loan Agreements, or any other Agreements you may have with bank. All such Agreements, rules, and regulations now or hereafter governing accounts will remain in full force and effect after the execution of this Agreement except as the same may be modified or terminated according to their terms or applicable rule or regulation. Nothing herein shall in any manner be deemed to obligate the bank to extend credit to you.

You shall be responsible for:

Additions, amending, re-authorizing or rescinding, by written notice to the bank immediately upon a change in authorization to engage in Internet services. You authorize the bank to rely upon authorized representative information on file with the bank until such time as it is amended, re-authorized or rescinded by your and written notice of such change is received by the bank.
You warrant and covenant that each authorized representative shall be an authorized signatory for such Deposit account as reflected on a signature card currently on file with the bank. In addition, you warrant and covenant that for each authorized representative who will have the authority to borrow money under or in connection with a Loan account, such person shall be authorized by authorization currently on file with the bank to borrow money from the bank on behalf of you.
Actions that may be taken by anyone using the Service after signing in with your username and password. We are entitled to rely and act upon instructions received under your username and password.
Keeping your username and password confidential and for ensuring that you have signed off from the Service when your session is complete to prevent unauthorized persons from using the Service.
Providing all telephone and other equipment, software (other than what is provided by us) and services necessary to access the Service.
Keeping your user profile current and accurate. This includes, but is not limited to name, physical address, phone numbers, and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting us for the Service at 1-800-555-6895. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

You agree that you will be the only user of your username and password, that you will not transfer or disclose any of this information to any other person, and that you will be responsible for all usage of the Service and any fees associated with use of other services accessed through the Service on your Account whether or not authorized by you. You agree to immediately notify the Bank and report any actual or suspected unauthorized use of your username and password.

You agree to provide true, accurate, current and complete information about yourself as requested and you agree to not misrepresent your liability.

You will:

Not use the Service for any illegal purposes;
Comply with all regulations, policies and procedures of networks through which you access and use the Service;
Not use the Service for any activity or use that may disrupt the Service or the networks through which you access or use the Service; and
Not access or attempt to access any Service Account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such Account.

Limitation of Liability

Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by the Service or the use of the Service or arising in any way out of the installation, operation, or maintenance of your computer or related equipment.

Bank will not be liable to you or any third party for any inaccuracy, interruption or delay in transmission, including electronic mail transmissions, caused by circumstances beyond Bank’s reasonable control.

Bank will not be liable to you for any lost profits or consequential, special, or punitive damages arising out of, resulting from, or in any way connected with the performance or breach of this Agreement.

Bank will not be liable to you for any damages caused by or arising from your failure to follow Internet procedures.

Disclaimer of Warranty

Bank makes no warranties or representations with respect to Internet services, program, or, express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Service will be uninterrupted or error free, that defects will be corrected, or that our Website that makes the Service available is free of viruses or other harmful components.

Your Liability For Unauthorized Transactions

Tell us AT ONCE if you believe there has been an unauthorized Transaction from your Account. Telephoning is the best way of keeping possible losses down. If you tell us within 2 Business Days after you learn of the loss or theft, you can lose no more than $50 if someone deposited, withdrew or transferred funds without your permission. If you do NOT tell us within 2 Business Days after you learn of the loss or theft and we can prove we could have stopped someone from transferring funds without your permission if you had told us, you could lose as much as $500. Also, if your Account statement shows Transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

Error Resolution Procedures

In cases of errors or questions about your electronic Transactions, telephone us at 1-800-555-6895 or write us as soon as possible, if you think your statement is wrong or if you need more information about a Transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. If you tell us verbally, we may require that you send your complaint or question in writing within 10 Business Days. When you contact us, please provide the following information.

Your name and account number
The date and dollar amount of the transaction in question
The transaction number assigned by Online Banking, if available
Describe the error or the Transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

Generally, we will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will re-credit your Account within 10 Business Days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not re-credit your Account. If the Transaction involved was a point-of-sale Transaction or a Transaction initiated outside the United States, the above time periods may be extended as follows: 10 business days may be extended to 20 business days and 45 business days may be extended to 90 days.

If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of documents that we used in our investigation.

Amendment and Cancellation Rights

You may discontinue the electronic delivery of statements through the bank by requesting this change through a Bank Representative. We reserve the right to continue sending e-mail notices of amendments to any electronic Agreement at the e-mail address the customer has provided. The bank will not impose any fees for the cancellation of eStatement delivery; however, certain statement fees may apply subject to our current fee schedule.

Entire Agreement

The Agreement is the complete and exclusive Agreement between you and us relating to the Services.

Acceptance of Terms and Conditions

By selecting “Accept”, you agree that you have read and understood the terms and conditions set forth in this Agreement and you accept this Agreement without modification. By accepting this Agreement, you consent to the electronic delivery of statements and other bank related documents. You understand this Agreement is effective at the date and time of the Bank’s receipt of this electronic Agreement and signature. If you do not agree to the terms and conditions of this Agreement, you should select “Decline” and you will not be enrolled in this Service.

ONLINE BANKING SERVICE AGREEMENT ADDENDUM FOR BUSINESSES

Effective April 1, 2013

This addendum to the Online Banking Service Agreement sets forth the terms for your use of the Online Business Banking. Except where modified by this Addendum, all the existing terms and conditions of your Online Banking Service Agreement remain in effect.

Creating and Managing Authorized Client Administrators and Client Users

Each Client (“Business Customer”) is required to establish Client Administrators and Client Users (“Business Employees”) for the purposes of Online Banking. Client Administrators will be named and approved on the PC Execubanc Authorization Resolution. This resolution allows Client Administrators to grant online account access to Client Users. Any designated Client Administrator has sole discretion to authorize Client Users to have Internet access to all or only part of Online Banking Service. The resolution must be approved by the Client’s board of directors and signed by the Secretary of the board or if the Client does not have a board, another officer must attest to the resolution prior to Client Administrator or Client User access.

You understand and agree that you are solely responsible for the delegation, review, modification and revocation of authority to any Client Administrator and you shall be liable for all actions of any Client User regarding your account.

To establish access to Online Banking, a Client or Client Administrator shall contact a Financial Service Representative who will complete a set of Client Worksheets indicating what access a Client User has.

Online Business Banking

Authorized Client Users can use Online Banking to:

Obtain balance and posted transaction information on Eligible Accounts
Schedule recurring, one-time or future dated internal or external transfers of funds between eligible Business Accounts and/or Eligible Loan Accounts
To request a stop payment
To pay bills
To export transactions
To deposit items using Execu-Posit our Remote Deposit Capture solution.

Client User access is subject to the limitations set forth in the Client Worksheets.

Client Users may access eligible Accounts through Online Banking seven days a week. Any same day or one time transfer between Checking, Savings, and Loan(s) accounts by a Client User before 5:00 p.m. CST on a Business Day is posted to the Business Account and/or Eligible Loan Account the same day. Any same day or one time transfer initiated by a Client User after 5:00 p.m. CST on Business Day or at any time on a Saturday, Sunday, or banking holiday will be posted on the next Business Day. All future dated or recurring transfers scheduled for a Saturday, Sunday or banking holiday will be posted on the following Business Day. After a transfer has been processed, the transfer request cannot be reversed.

All future dated or recurring transfers scheduled for a Business Day will be posted on that date; all future dated or recurring transfers scheduled for a Saturday, Sunday or banking holiday will be posted on the following Business Day. After a transfer has been processed, the transfer request cannot be reversed.

If you request to initiate external transfers, you must contact the bank and sign an ACH Agreement. All external transfer requests (“ACH transfers”) should be made by giving 24 hour advance notice of the transfer. ACH transfers have a 4:30 p.m. CST cut-off time. Any ACH transfer request made after 4:30 p.m. CST will be processed on the next Business Day. Wire transfers have a 2:00 p.m. CST cut-off time.

Any transaction that requires approval by a second Client User will be considered to be in a pending status and will not be acted upon by the bank until the required approval is electronically obtained.

Customer acknowledges that if bill payment or ACH file access is granted with the username and password, authorized Client Users will have access to set up payments to and from Client accounts to ANY individual or business.

Multiple Entities

If you have enrolled more than one organization or individual under a single Client User, you represent and warrant that you have the authority to bind each such organization and individual to the terms hereof and that the Client User has authority to act on behalf of all such organizations and individuals (including, but not limited to, by assigning Client 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.

Rights and Responsibilities

Client warrants and covenants that it will use Online Business Banking Service for commercial or business purposes only and that neither Online Business Banking nor the Accounts will be used for consumer, personal or household purposes.

You are responsible for all acts and omissions of your officers, directors, partners, employees, agents, representatives and contractors, including your Client Administrators and Client Users (collectively, your “Personnel”). We are entitled, without further inquiry by 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 and omissions of your Personnel.

Fees

Please contact your Financial Service Representative for a current list of fees relating to Service. All fees are subject to change from time to time.

Termination of This Agreement

You may terminate your use of the Service by contacting Customer Service at your local bank. We may terminate your use of the Service, in whole or in part, at any time without prior notice. Your access to the Service will be terminated automatically if the Account is closed, or access to the Account is restricted for any reason. If you terminate the Service, you authorize us to continue making transfers and payments you have previously submitted and authorized. Once we have acted upon your termination notice, we will make no further transfer or payment from your Account, including any transfer or payment you have previously authorized. If we terminate your use of the Service, we reserve the right to make no further transfers or payments from your Accounts, including any Transactions you have previously authorized. If you would like to transfer the Service to a different account with us, you must Customer Service. Termination will not affect your liability or obligations under the Agreement.

MOBILE BANKING TERMS AND CONDITIONS

Thank you for using our Mobile Banking combined with your devices text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 96924. To cancel, text “STOP” to 96924 at any time. In case of questions please contact customer service at 800-555-6895.

Terms and Conditions

Program: We offer customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.

Questions: You can contact us at 800-555-6895 or send a text message with the word “HELP” to this number: 96924. We can answer any questions you have about the program.

To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 96924. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.

Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless

Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at anytime for any reason outside of the reasonable control of the Bank or any service provider.

Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, the bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). The bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.

If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If you wish to revoke access to such information you may cease using location-based features of Mobile Banking.

Mobile Deposit Agreement

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE PROCEEDING:

This Mobile Deposit Agreement (the “Agreement”) is entered into by the bank and you. The Agreement governs your use of the Mobile Deposit Service offered by the bank (the “Service”). By enrolling to use the Service, you agree to be bound by the terms and conditions contained in this Agreement:

1. Description of Service. Mobile Deposit allows you to deposit money into certain bank accounts with your mobile device camera using the Mobile Application or “Mobile App”. To use Mobile Deposit, you must be an account holder and have agreed to the Online Banking and Mobile Banking User Agreements. You may transmit deposits to us electronically only from a mobile capture device located in the United States.
2. Fees. Depending on the type of account(s) you have, there may be a fee to use this service. If applicable, you agree to pay the fee for the Service as set forth in our fee schedule and as may be changed from time to time. Internet data usage rates may apply from your Internet service provider or mobile carrier.
3. Equipment. To use Mobile Deposit, you must have a supported mobile device, such as a smartphone or tablet that is compatible with the Mobile Deposit APP, with a camera and a supported operating system, have a data plan for your mobile device, and download the App to your mobile device. We do not guarantee that all mobile devices and operating systems are compatible with the Service.
4. Eligible items. You agree to scan and deposit only checks as that term “check” is defined in the Expedited Funds Availability Act as implemented by Regulation CC.
You agree that you will not use the Service to scan and deposit any checks as shown below:
• Checks payable to any person or entity other than you, or to you and another party.
• Checks containing any alteration of which you know or believe to be fraudulent or not authorized by the owner of the account on which the check is drawn.
• Checks that are not in original form with an original signature, such as substitute checks or remotely created checks.
• Checks drawn on a financial institution located outside the United States.
• Checks not payable in United States currency.
• Checks or items on which a stop payment order has been issued or for which there are insufficient funds.
• Checks dated more than 6 months prior to the date of deposit.
• Checks that are in any way incomplete.
• Checks prohibited by the Bank’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your Account Agreement.
• Checks on which the numerical and written amount are different.
• Checks that have been previously returned unpaid by the financial institution on which they are drawn.
• Checks that are payable to cash.
• Money Orders
• Travelers checks
• Cashier’s checks
5. Endorsements. You agree to endorse the check with the words “For FNB Mobile Deposit Only” if you are a First National Bank customer and “For FSB Mobile Deposit Only” if you are a First Savings Bank customer and sign your name. If the back of the check is not properly endorsed, we reserve the right to reject the check for deposit.
6. Receipt of Deposits. We reserve the right to reject any check transmitted through the Service, at our discretion, without liability to you. We are not responsible for processing or transmission errors that may occur, or for deposited items that we do not receive.
7. Business Days and Availability of Funds: You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before:

5:00 p.m. Central Time for First National Bank Pierre
4:00 p.m. Central Time for First National Bank Fulda
5:00 p.m. Central Time for First Savings Bank

on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds submitted on holidays or weekends will also be deposited on the next business day, provided it meets all requirements. We may delay availability of funds based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as the bank, in its sole discretion, deems relevant.
8. Image Quality. The front and back images of an item transmitted to us must be legible. Items with poor image quality may delay the deposit process, and you may be instructed to deposit the check using other methods. You agree that we shall not be liable for any damages resulting from items with poor image quality, including those related to rejection of, or the delayed or improper crediting of such a check, or from any inaccurate information you supply regarding the check or item.
9. Errors. You must notify us of any errors, or suspected errors, related to the items deposited through the Service as soon as possible after they occur, and in no event later than 60 days after the related account statement is sent. You can contact us by calling 1-800-555-6895 or by visiting a branch. Unless you notify us within 60 days, the account statement containing the deposits made through the Services is deemed correct, and you cannot bring a claim against us for any alleged errors.
10. Deposit Limits. We may establish limits on the number of checks and/or the total amount of checks deposited using Mobile Deposit. These limits may change from time to time without notice. Items transmitted that exceed your limits may result in a rejection of the deposit.
11. Destruction of Original Check. When the Check Image you have submitted to us for electronic deposit has been credited to your account, you must retain the physical check securely for a period of fourteen (14) days. After 14 days, mark the original check with the word “VOID” or “Electronically Deposited”. You must store the check securely, using precautions at least as secure as you would use to protect blank checks. You must make the original paper check available to us at our request at any time. If you fail to produce the original check upon our request during the fourteen (14) day period, you authorize us to deduct the amount in question from your account, regardless of whether such deduction may cause your account to become overdrawn, and to pay any associated fees. At the end of the fourteen (14) day period, you must destroy the original paper check.
12. Indemnity. You warrant to us that:
• You will only transmit eligible checks and items that you are entitled to and ensure that all checks and items include all required signatures.
• Images will meet our image quality standards.
• You will not transmit an image or images of the same check or item to us more than once and will not deposit or negotiate, or seek to deposit or negotiate, such check or item with any other party.
• You will not deposit or re-present the original check for deposit.
• All information you provide to us is accurate and true, and that all transmitted images accurately reflect the front and back of the check.
• You will comply with this Agreement and all applicable rules, laws and regulations.
• You will use the Services only for your own deposits.

You agree to indemnify and hold harmless the bank from any loss for breach of this warranty provision or the terms of this Agreement.
13. Security of Your Mobile Device. You are responsible for (i) maintaining the confidentiality and security of your Mobile Devices, access number(s), password(s), security question(s) and answer(s), account number (s), login information, and any other security or access information, used by you to access the Service, and (ii) preventing unauthorized access to or use of the information, files or data that you store, transmit or use in or with the Service. You agree not to supply your Access Information to anyone and to immediately notify us if you become aware of any loss, theft or unauthorized use of any access information, including your Mobile Devices. We reserve the right to deny you access to the Service if we believe that any loss, theft or unauthorized use of access information has occurred.
14. Limitations. When using Mobile Deposit, you may experience technical or other difficulties that are outside the control of the bank. We are not responsible for damages that you may incur as a result of these difficulties or unavailability of the Service.
15. Changes to the Service. We reserve the right to terminate, modify, add and remove features from the Service at any time in our sole discretion. You may reject changes by discontinuing use of the Service. Your continued use of the Service will constitute your acceptance of and agreement to such changes. Maintenance to the Service may be performed from time-to-time resulting in interrupted service, delays or errors in the Service and we shall have no liability for any such interruptions, delays or errors.
16. Termination. We may turn off the service to you if we suspect fraud, if you misuse Mobile Deposit, have excessive overdrafts or returned items or for other reasons at our sole discretion.
17. Ownership and License. You agree that the bank and its Third Party Service Providers, including Fiserv Solutions, Inc., retain all ownership and proprietary rights in the Service, associated content, technology, and website(s). You agree not to copy, disassemble, decompile, or otherwise reverse engineer any part of the Service, including the App. You may use the Service only for your own benefit. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service. In the event that you attempt to use, copy, license, sublicense, sell or otherwise convey or to disclose the App or any other part of the Service, in any manner contrary to the terms of this Addendum, we shall have, in addition to any other remedies available to us, the right to injunctive relief enjoining such actions.
18. Third Party Beneficiary. You agree that our Third Party Service Providers, including Fiserv Solutions, Inc., may rely upon the provisions of this Agreement, including its disclaimer of warranties and any limitations of liability and that such Third Party Service Providers are, for the purpose of this Agreement, third party beneficiaries to this Agreement with the power to enforce this Agreement.
19. Liability. WE ARE ONLY RESPONSIBLE FOR PERFORMING THE SERVICE AS EXPRESSLY STATED IN THIS ADDENDUM. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE AVAILABLE AT ALL TIMES AND WE SHALL NOT BE LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND, EXCEPT AS PROHIBITED BY LAW, WE AND OUR THIRD PARTY SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE SERVICE, APP, EQUIPMENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY PARTIES’ PROPRIETARY RIGHTS. IN NO CASE SHALL THE BANK OR ANY OF OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, PROFIT, GOODWILL, OR SPECIAL, PUNITIVE, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS ADDENDUM, THE APP, THE SOFTWARE, THE EQUIPMENT OR THE SERVICE WHETHER OR NOT SUCH CLAIM FOR DAMAGES IS BASED ON TORT OR CONTRACT OR WHETHER WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, EXCEPT AS MAY BE REQUIRED BY LAW. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE BANK AND OUR THIRD PARTY SERVICE PROVIDERS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Biometric Login

Biometric Login is an optional biometric sign-in method for Mobile Banking that may be available for certain mobile devices that have a built-in biometric scanner. To use Biometric Login, you will need to first save your fingerprint/facial feature scan on your mobile device (for more help with biometric scanning, contact the manufacturer that supports your mobile device). Biometrics are stored on your device only and the bank never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device access to your personal and payment account information within Mobile Banking. The bank reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your biometric information, you can sign in using your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within Mobile Banking.

Privacy and User Information

You acknowledge that in connection with your use of Mobile Banking, the Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. The bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

Card Controls Additional Terms

The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.

1. The Card Controls feature is only available for debit cards issued by the bank that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact the Bank to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to the bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, the bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

Card Management Additional Terms

The card management feature is offered by the bank for use by bank cardholders. The bank’s card management feature is intended to allow You to initiate certain payment card related activities for Your enrolled bank card(s) via the card management feature. Those activities may include the ability to but not limited to:

Register the card
Activate and deactivate the card
Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (“Controls”)
Set alert preferences for card usage including location, transaction, and merchant types, spend limits, and declined purchases (“Alerts”)
View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information)
Report Your card as lost or stolen
Review Your spending by merchant type and/or by month
View a list of merchants storing Your card information for recurring or card-on-file payments

The card management feature may enable access to the bank and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found athttp://maps.google.com/help/terms_maps. Html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google. To the extent the card management feature allows You to access third party services, the bank and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to You.

You agree to allow us to communicate with You via push notification, SMS and/or email, with respect to the activities performed via the card management feature. Data fees may be imposed by Your mobile provider for the transmission and receipt of messages and Alerts.

We reserve the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in the bank card management feature.

Availability/Interruption. You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to Your mobile device (“Notification”) is dependent on a number of factors including, without limitation, Your wireless service and coverage within the area in which You are located at that time. You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to Your mobile device in all areas.

If You registered to receive Notifications to Your mobile device, the card management feature is available when You have Your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card management feature is subject to transmission limitations and service interruptions. We do not guarantee that the card management feature (or any portion thereof) will be available at all times or in all areas.

You acknowledge and agree that certain functionality with the card management feature may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address.

You acknowledge and agree that neither the bank nor its third-party services providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control. You acknowledge that neither the bank nor its third-party service providers shall be liable to You if You are unable to receive Notifications on Your mobile device in Your intended area. The bank, itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.