DIGITAL BANKING SERVICES AGREEMENT  

IMPORTANT INFORMATION ABOUT YOUR DIGITAL BANKING SERVICES AGREEMENT

Thank you for banking with us. We hope you find this information useful.

Accessing and transacting business on your credit card or personal loan account by using one or more of our services means you agree to all of the applicable terms and conditions of this Digital Banking Services Agreement.

1. What this Agreement Covers. This Digital Banking Services Agreement ("Agreement") is an agreement between you and First National Bank of Omaha (“Bank”) that governs your use of our website (“Web” or “Website”) and software applications (each an “App” and collectively the “Apps”) generally, and more specifically, our Terms Applicable to Web and App Services, Terms Applicable to Mobile App Services and other services (together, the “Services”) that are accessible through our Website or one of the Apps. These Services permit you to perform a number of functions for credit card or personal loan accounts you have with us (each an “Account” and collectively the “Accounts”) through the use of a personal computer or mobile device (e.g., tablet or smart phone) (“Device”).

Accepting this Agreement. By enrolling in the Services, including but not limited to logging in with your user ID and password to any of these Services, you are:

(1) confirming that you can access and read all of this Agreement (View “System and Technical Requirements”) and have done so;

(2) agreeing to abide by the terms and conditions of this Agreement;

(3) agreeing that such action constitutes your legally binding signature.

Using these Services is optional. You should exit now if you disagree with any of the terms and conditions contained in this Agreement.

You may receive Your Documents electronically by agreeing to the terms of Paperless Statements and by enrolling in Paperless Statements. For a description of what is included in Your Documents see the “Paperless Statements Terms and Disclosures” section below.

You may update your contact and other profile information under the “Profile” tab on the Website and App. You may also use the Contact Us feature on our Website or App to update information needed to contact you electronically.

You should print this Agreement and retain a copy for your records. If you need a paper copy from us, please use the Contact Us feature on our Website or App to request a copy. We may assess a fee.

2.  Introduction

The Parties to this Document. In this Agreement, the words “you” and “your” refer to the person(s) named in the enrollment used to obtain access to these Services. This includes, but is not limited to using the Website or the Apps. This includes any other person that you permit to access these Services using your user ID and password. The words “we” “us” and “our” refer to First National Bank of Omaha. First National Bank of Omaha has divisions that operate under various brand names. For specific information, please call our Customer Care Center or visit us online.

Relationship of Parties. This document is a contract. Please keep a copy of this document in your records.

Relation to Other Agreements. Your use of these Services may be affected by other agreements such as the cardmemeber agreement and privacy notice provided with your Account as well as other supporting documents you may have been provided by 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 credit card Account to one of these Services, you remain obligated to comply with the cardmember agreement for the Account 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.

Termination of Accounts. If you terminate your Accounts you will not be able to use the Services. Use of the Services may involve the use of clearing systems or other networks or associations and use of the Services is subject to the rules of such clearing systems, network or associations. By using the Services, you agree to comply with such rules, as applicable. You agree that we are not responsible for the acts or omissions of any clearing systems, networks or associations or its members.

This Agreement Consists of the Following Terms.

Confidentiality. We will disclose information to third parties about your Account or your use of the Services: (i) as set forth in our website Privacy Policy and all Privacy Notices applicable to your Account; (ii) where it is necessary for completing transfers; (iii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iv) in order to comply with government agency or court orders; or (v) if you give us your written permission.

Service Availability. Services will generally be available 24 hours per day, seven days per week, except for scheduled maintenance. Currently, this means Services will not be available from approximately 1 a.m. Central Time on the third Sunday of each month to 4 a.m. Central Time on that Sunday. Any of these Services may be unavailable at other times for security reasons or circumstances beyond our control (such as a fire, flood, power outage or communications or computer system failure) as well as for other reasons. We reserve the right to change service hours at any time.

For You to Terminate Services. If you want to terminate your access to these Services, you can call us at the number listed under the Contact Us tab on the Website or App. Services may be discontinued immediately if we receive a call from you or someone claiming to be you. Alternatively, we may require that you follow another procedure so that we may verify your identity and your authorization to terminate. Recurring transfers or payments will not necessarily be discontinued because you terminate access to Services. If you want to make sure that online recurring transfers or payments are stopped, you must follow the procedures in the “Discontinuing Recurring AutoPay Payments” paragraph below in this section.

For Us to Terminate Services. We reserve the right to terminate access to any or all Services in whole or in part at any time, with or without cause and without prior written notice. In that event or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers or payments, including recurring transfers or payments and other transfers that you previously authorized but have not yet made. We also reserve the right to temporarily suspend access to our Website, App and any or all Services in situations we deem appropriate, in our sole and absolute discretion, including when we believe a system security breach has occurred or is being attempted. We may consider repeated incorrect attempts to enter your user ID or password as an indication of an attempted security breach. Terminating these Services does not affect your or our rights or obligations under this Agreement with respect to occurrences before termination.

Important Notice Regarding Changes in Terms: Subject to applicable law, all terms of this Agreement are subject to change. These terms are the complete terms of our Agreement with respect to these Services described herein, but do not supersede the terms and conditions applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future. These terms do not, for example, supersede the terms applicable to your Accounts with us.

We may unilaterally change the terms of this Agreement at any time. If we make changes, we will update these terms on our Website and App and 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 consent by you. 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 use these Services, you are confirming your consent to the terms of this Agreement, including any changes to the terms. Use of these Services is not, however, necessary for a change in terms to be effective. We may suspend or discontinue these Services at any time. These terms will survive after any suspension or discontinuation. If you disagree with a change, you should stop using the Services.

Credit Review; Third Party Contacts. You agree that we may contact any source necessary and may obtain credit reports on you in connection with these Services. We may also contact third parties (such as but not limited to merchants and other financial institutions) in connection with resolving problems with these Services (e.g., in connection with delayed or incorrectly posted payments).

Assignment. You may not transfer, assign or delegate your rights or duties under this Agreement. Do not use an aggregator or screen scraper service provider. If you choose to use an aggregator or screen scraper service provider, you are authorizing them to act on your behalf in obtaining these Services.

Authorization. Each time you request us to make a transfer or payment using these Services, you authorize us to complete that transfer or payment without any further instructions or your signature; and the account-holding institution (which may or may not be us) to deduct the transfer or payment amount from the account you identify (subject to restrictions our system imposes). You may revoke your authorization only by following the procedures (and subject to the limitations) in the paragraph on “Discontinuing Recurring AutoPay Payments”. Certain authorizations may not be revoked because we begin to process the request immediately. We are entitled to treat transfer and payment requests as if they were in writing and signed by you if initiated by your user ID and password.

Payments to a Credit Card or Personal Loan Account with Us. You may use the Services to make your payment on your Account every month using a checking or savings account that you specify. The payments you authorize may be variable (one-time payments) or recurring (automatically made at regular intervals through AutoPay). The payments that you initiate using the Services may affect other recurring payments that you have established through other means. Transfers or 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. We may restrict, and you agree not to initiate, payments that are greater than the then current balance on your Account. If any third party makes a claim against us because of your use of these Services in this way, you shall reimburse us for all losses we sustain in connection with that claim and you shall fully indemnify, defend and hold us harmless against that claim. In such an event, we may also reverse any credit given on your Account. Payments will be made in the amounts and on the "payment dates" you specify. Generally, payments will post to your Account on the payment date so long as we have received your payment instructions before our cutoff time for that payment date. Our cutoff times are subject to change from time to time without notice; however, if you try to submit a payment after the cutoff time for a payment date, our system will alert you. Payments made after the close of business on business days or on weekends or holidays will post to your Account the next business day. If payment for your card Account is not posted by its due date, you may be assessed a late payment fee.

Note: Do not send an Account payment request via email.

Discontinuing Recurring AutoPay Payments. If you wish to cancel a recurring AutoPay payment, select the payment you wish to cancel by first viewing the AutoPay payment that is currently set up on your Account. From the "AutoPay" tab, you can choose to "Cancel" the recurring payment, which will cancel the pending payment and all future recurring payments on that Account. In addition, you can call us at the number listed under the Contact Us tab on our Website or App.

We must receive your request at least three (3) business days before the payment date to be effective for the current billing cycle. If you request us to cancel a recurring payment made from a deposit account you maintain with us three (3) business days or more before the payment date, and we fail to do so, we may be liable for your losses or damages (applicable to consumer accounts only).

Discontinuing Variable Payments. If you wish to cancel a future variable payment, you can select the payment you wish to cancel on your payments list on our Website or App. After you select the payment you wish to cancel, you can choose to “Cancel” the payment.  In addition, you can call us at the number listed under the Contact Us tab on our Website or App.

We must receive your request at least three (3) business days before the payment date.  Although we may attempt to honor cancel requests for variable payments, we are not obligated for failing to do so. 

For payments from a deposit account with another institution:  You may not discontinue payments that you have initiated from an account with another financial institution to an Account with us.

Note: Do not send requests to discontinue transfers or payments via email.

Changing a Recurring AutoPay Payment.  If you wish to change a recurring AutoPay payment, select the payment you wish to change by first viewing the AutoPay payment that is currently set up on your Account.  From the “AutoPay” tab, you can choose to change the deposit account information from which the AutoPay payment is withdrawn or change the recurring payment amount you wish to make for future payments.  In addition, you can call us at the number listed under the Contact Us tab on our Website or App. For changes to deposit account information, we must receive your request at least three (3) business days before the payment date to be effective for the current billing cycle. Generally, changes to an AutoPay payment amount will be effective for the next billing cycle after the upcoming payment due date. To stop AutoPay from withdrawing funds from a deposit account for the current billing cycle, either discontinue the AutoPay payment or place a hold on AutoPay payments (see below).

Placing a One-Month Hold on AutoPay Payments: From the "AutoPay" tab on the Website or App, you can also choose to place a one-month hold on AutoPay payments. This request will suspend your AutoPay payment for the current billing cycle if requested at least three (3) business days before the payment date. If requested less than three (3) business days before the payment date, the hold will be effective for the next billing cycle. During the one-month hold period, you will be responsible for making the required payment for that billing cycle. The recurring payment will resume the following billing cycle.

Our Liability. If we fail to complete an electronic funds transfer or payment in time or in the correct amount, in accordance with this Agreement and when you properly instruct us, we are liable for your losses or damages. However, there are some exceptions. For instance, we are not liable: (i) if, through no fault of ours, you don't have sufficient funds in your Account to make the transfer or payment; (ii) if the funds are subject to legal process or other encumbrance restricting a transfer or payment; (iii) if the transfer or payment exceeds your credit limit; (iv) if there is a technical malfunction which is known to you at the time you attempt to initiate the transfer or payment or, in the case of a recurring transfer or payment, at the time the transfer or payment should have occurred; (v) if circumstances beyond our control (such as a fire, flood, power outage or communications or computer system failure) prevent the transfer or payment, despite reasonable precautions that we take. In no event are we liable for more than actual damages proved if any failure of ours was unintentional, and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such an error. This does not mean that we accept liability for other circumstances resulting in transfers or payments not being made or completed on time. For example, we are not responsible for delayed or failed transfers or payments if: (i) you fail to use these Services properly in accordance with this Agreement and any online or other instructions supplied in connection with these Services; (ii) you don't request the transfer or payment and schedule it sufficiently in advance of the due date for the obligation you are paying; (iii) you exceed applicable restrictions on the number, amount or frequency of transfers; (iv) you fail to supply accurate information with regard to the persons you wish to pay (e.g., name, address and account number) or the Account from which you wish to have the transfer or payment made; (v) the person you wish to pay or their bank mishandles or delays posting the payment (or, in the case of transfers from your account with another financial institution to your Account with us, your account-holding institution refuses to honor or mishandles or delays the transfer); (vi) your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us; (vii) a bona fide security consideration causes us not to make the transfer or payment (e.g., your user ID or password has been reported lost or stolen, we have reason to believe a transfer is unauthorized, or the transfer would violate other security restrictions in our system); or (viii) your relevant Account is closed or your access to the Services have been terminated or suspended.

Liability for Unauthorized Use of Credit Card. If you notice the loss or theft of your credit card or a possible unauthorized use of your card, you should write to us immediately at P.O. Box 3696 Omaha, NE 68103-0696 or call us at 1-800-688-7070. You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability for any credit card Account used for personal, family, or household purposes will not exceed $50.00.

Note: Do not send notification of lost or stolen user IDs or passwords or unauthorized transfers via email.

Error Resolution Procedures.

The error resolution procedures are set forth in the cardmember agreement which addresses your rights and our responsibilities under the Fair Credit Billing Act.

Business Days. For purposes of this Agreement, our business days are Monday through Friday, excluding Saturdays, Sundays and federal holidays.

3. Terms Applicable to Web and App Services

Passcodes and Passwords; Security. We may permit access to your Account information and may accept as authentic any instructions given to us using your user ID, password passcode or other login credentials. You agree to keep your user ID, password, passcode and other login credentials secret. You agree to notify us immediately if your user ID, password, passcode or other login credentials are lost or stolen or if you believe someone else has discovered your user ID, password, passcode or other login credentials. If you permit someone else to have access to your user ID, password, passcode or other login credentials, you are authorizing that person to act on your behalf. We may permit such a third party to access your Account information and make transfers and payments using these Services. These Services enable you to change your password and we strongly recommend that you do so regularly. You agree to follow the "Personal Online Safeguards" posted in our Security Center on our Website and you accept responsibility for losses that is caused by your failure to do so. We may be liable for certain losses to the extent required by applicable law and regulation (see “Liability for Unauthorized Use. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to: (i) monitor and record all communications and activity related to these Services; and (ii) require verification of all requested transfers and payments as we deem appropriate. This means, for example, that we may require your written or other verification before we make a transfer or payment. Our records will be final and conclusive in all questions concerning whether or not your user ID, password, passcode or other login credentials was used in connection with a particular transaction. If any unauthorized use of your user ID, password, passcode or other login credentials occurs, you agree to: (iii) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (iv) provide reasonable assistance that we request in recovering any unauthorized transfer or payment.

Account Information. Balance information available on our Website or App may not reflect outstanding charges, payments or credits. Balances in 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). Balance information is generally provided as of the end of the prior business day and may not reflect pending transactions. Online transaction history for Accounts is limited. You may need to check the statements that we have previously sent you for information prior to the first day covered by the online transaction history. You also agree to monitor the activity in your Accounts and to keep informed of any changes.

Email. You may use the email feature under the Contact Us tab on our Website or App for general, non-urgent communications with us. You should not rely on email for important or time-sensitive notices to us such as reporting a lost or stolen user ID, password, or your credit card. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We would also caution you against using email for transmitting sensitive personal information. We reserve the right to terminate Services if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex or national origin.

Providing Your Contact Information to Us on Our Website or App. CONSENT: BY ENROLLING AND PROVIDING YOUR MOBILE NUMBER OR EMAIL ADDRESS YOU CONSENT TO BEING CONTACTED AT THE MOBILE PHONE NUMBER AND EMAIL ADDRESS PROVIDED. THIS INCLUDES BUT IS NOT LIMITED TO CONTACT THROUGH LIVE OPERATORS, EMAIL MESSAGES, TEXT MESSAGES, AUTOMATIC DIALING DEVICES, ARTIFICIAL OR PRERECORDED VOICE MESSAGES AND/OR BY OTHER MEANS. MESSAGE FREQUENCY VARIES BY ACCOUNT AND PREFERENCES. CONSENT IS NOT A CONDITION OF PURCHASE.

BY PROVIDING THE MOBILE NUMBER YOU CONSENT TO THESE CALLS AND TEXT MESSAGES EVEN IF THE MOBILE PHONE NUMBER PROVIDED IS ON ANY STATE OR FEDERAL “DO-NOT-CALL” LIST AND EVEN IF YOU HAVE PREVIOUSLY REQUESTED US NOT TO CONTACT YOU AT THE MOBILE PHONE NUMBER.

YOU WILL PROMPTLY NOTIFY US IN THE EVENT YOU CHANGE YOUR PHONE NUMBER. IN THE EVENT THAT YOU CHANGE OR DEACTIVATE YOUR MOBILE NUMBER IT IS YOUR RESPONSIBILITY TO REMOVE YOUR DEACTIVATED NUMBER FROM THE MOBILE DELIVERY OPTIONS IN YOUR ACCOUNT. ALTHOUGH WE DO NOT CHARGE FOR THE DELIVERY OF CALLS OR TEXT MESSAGES TO YOUR DEVICE, THIS ACTIVITY COULD RESULT IN CHARGES TO YOU. YOUR SERVICE PROVIDER’S MESSAGE AND DATA RATES MAY APPLY.

Account Alerts. The Account Alerts feature enables you to request and receive email or text messages about your Accounts with us. You may receive Account Alerts via your email account, text message(s), push notifications and/or by other means. Your ability to receive Account Alerts through any Device is subject to the terms and conditions of any agreement between you and your wireless communications service provider (“Service Provider”). You are responsible for any fees imposed by your Service Provider. We provide Account Alerts to you by utilizing the instructions you provide to us. You are responsible for providing us a current, accurate email address or mobile phone number, in order to receive Account Alerts.

CONTACT MAY OCCUR TO RESPOND TO YOUR INQUIRIES, TO ALERT YOU TO POSSIBLE FRAUD ON YOUR ACCOUNT AND FOR OTHER CUSTOMER SERVICE AND HANDLING PURPOSES.

Account Alerts are sent to you without being encrypted and may include your name and information pertaining to your Account. Your receipt of Account Alerts may be delayed or prevented by factors affecting your Service Provider and other factors outside our control. We do not guarantee the delivery or the accuracy of the contents of any Account Alert. We are not responsible for: (a) inaccurate or incomplete content in an Account Alert; (b) non-delivery, delayed delivery, or misdirected delivery of an Account Alert; (c) your dependence on or use of the information provided in an Account Alert for any purpose; or (d) security relating to the delivery of an Account Alert. Account Alerts are provided for convenient informational purposes only. Account Alerts do not comprise a Bank record for the Account to which it relates. We reserve the right to terminate or change the Account Alerts feature at any time and for any reason without prior notice to you.

IF YOU WOULD LIKE TO STOP RECEIVING ALL ACCOUNT ALERTS VIA TEXT, YOU MAY UNSUBSCRIBE BY OPTING OUT OF TEXT ALERTS ON THE ‘PROFILE’ PAGE. YOU MAY ALSO GLOBALLY UNSUBSCRIBE FROM ALL BANKING PROPERTIES OFFERING TEXT ALERTS BY TEXTING ‘STOP’ TO 22029. AFTER TEXTING ‘STOP’ TO 22029 YOU WILL RECEIVE ONE ADDITONAL MESSAGE CONFIRMING THAT YOUR REQUEST HAS BEEN PROCESSED. TEXT ‘HELP’ TO 22029 FOR HELP OR CONTACT US BY PHONE AT 877-932-3626.

4. Terms Applicable to Mobile App Services

To enroll, you may download the App to your Device. If you agree to these terms, it becomes part of this Agreement. You agree to these terms by reading them and when you enroll in the Services and access the Services on your Device.

Eligibility. You acknowledge that the App may change over time and that if you wish to continue to access and receive the App, you may be required to download certain Apps and updates from time to time. Additional enrollments may be required for some Apps. You must be the authorized user of the Device that you wish to enroll and it must have the functions needed to support use of the App (e.g., it must be web-enabled). The App may not be accessible in all geographic locations and may not function with some Devices, Service Providers and mobile plans. You are solely responsible for charges imposed by your Service Provider or any third party based on the use of your Device. Not all customers are eligible for the App. You may not be able to enroll if you are not eligible or if you do not follow all enrollment instructions. You represent that the information you supplied with your enrollment is accurate. You agree to keep the information in your mobile banking profile accurate and up-to-date and you should notify us in advance if your phone number, email address or mailing address is going to change. You consent to receiving electronic communications from us through your Device and our App.

Your Responsibility Generally. You agree to use ordinary care in using the App. You agree not to share your Device or your user ID, password, passcode or other login credentials with others. You agree to protect your Device against loss, theft or unauthorized use and you agree to follow the security recommendations that we make to you from time to time. You must not leave your Device unattended while logged into the App 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, passcode or other login credentials have been compromised. You are responsible for protecting your Device against viruses, key loggers, malware and other unwanted functionalities. You may not use your Device through an unsecured network (such as public Wi-Fi) or from a location outside the United States. You also agree to monitor the activity in your Accounts and to keep informed of any changes in terms by diligently using the App and other information we make available. You understand that we may monitor any and all communications and transactions in connection with the App. You agree to cooperate with any reviews, audits or investigations that we conduct related to your use of the App.

FAILURE TO PROTECT YOUR DEVICE, USER ID, PASSWORD, PASSCODE OR OTHER LOGIN CREDENTIALS OR FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN SOMEONE ELSE BEING ABLE TO ACCESS THE APP AND/OR YOUR ACCOUNTS IN YOUR NAME. WE WILL CONSIDER ANY ACCESS AND ANY TRANSACTION USING YOUR USER ID AND PASSWORD, PASSCODE OR OTHER LOGIN 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, PASSCODE OR OTHER LOGIN CREDENTIALS.

Your Responsibility for Losses. You accept responsibility for the losses we suffer in connection with providing the App 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 ATTORNEY'S FEES) RELATED TO: (I) ANY THIRD PARTY CLAIMS ARISING OUT OF OUR PROVISION OF THE APP 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; (II) 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 (III) 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.

Additional App Services Terms.  If you download an App, you agree to comply with the terms and conditions applicable to that App in addition to these terms. You have no right, title, or interest in any mobile application that you download or in any intellectual property relating to the mobile application. You agree not to copy, reproduce, reverse engineer, decompile or disassemble any mobile application. You agree not to use any App except to access the App. All works of authorship, trademarks, service marks, resources, tools, services, features, business methods and processes and other information and content that you may access through the App are subject to the copyright and patent notice information and other intellectual property rights information in the Terms of Use section of this Agreement, the same as if they were accessed through our Website.

Our Liability. We will use ordinary care in providing the App. We do not guarantee that the App or access to the App will be uninterrupted or error free. We are not responsible for problems with your Device, for interruptions to or problems with your Service Provider, or for losses or errors that occur during the transmission of information to or from us. We may have liability to you imposed by statute, which cannot be waived. Except for that liability, IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WE WERE INFORMED OF THEIR POSSIBILITY. THE APP IS PROVIDED AS IS AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE APP, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The preceding limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose.

Quick Balance. The Quick Balance feature allows you to have access to your Account balances, recent transactions, and other Account information from your home screen without having to enter your user ID and password. You must log into your Account and set a four (4) digit Passcode before you can turn on Quick Balance.

Passcode. You may change your four (4) digit code at any time. In the event that it is necessary for you to obtain a new mobile banking user ID and password, you will need to log in with your new credentials to reactivate the Passcode and Quick Balance features.

Quick Balance is completely managed by you and cannot be updated or reset by our customer service representatives. If you forget your Passcode you will need to log in with your user ID and password to reset your Passcode.

IMPORTANT NOTE: When Quick Balance is ON, anyone who has access to your Device can view the Account information displayed. You always have the ability to turn off Quick Balance from the More Menu.

When creating your Passcode, you should NOT choose:

  • A numeric code that represents your date of birth; or
  • A series of consecutive numbers or the same numbers.

You should never record your Passcode on your Device. Refer to “Passwords; Security” in the Terms Applicable to Web and App Services section for information and requirements regarding keeping Passcodes secure.

Joint Account Holders.  Each joint Account holder must establish a separate mobile banking user ID and password.

Passcode on Multiple Devices. If you have already opted in to the Passcode feature on your Device you will be permitted to use Passcode on additional Devices. In order to register an additional Device you will be required to enter your existing online banking user ID and password.

Quick Balance Restrictions. You agree not to: (i) Disclose your Passcode to any other person that is not contractually bound to your Account; or (ii) allow a non-qualified person to use your Passcode for the purpose of registering another Device for Passcode.

Quick Balance is provided for convenient informational purposes only. The Quick Balance feature does not comprise a complete Bank record for the related Account.

We do not guarantee the delivery or the accuracy of any content accessed through Passcode or Quick Balance features. We are not responsible for: (i) Inaccurate or incomplete content; or (ii) your dependence on or use of the information provided for any purpose; or (iii) security relating to the content delivered through Passcode.

By completing the Quick Balance activation process or continuing to use this feature, you agree to comply with the instructions and restrictions we provide from time to time (including the instructions we provide via the Passcode feature). Quick Balance is a part of and subject to this Agreement. You accept the risks that are involved each time you enable the Quick Balance feature. An unintended third party could have access to your Account information without your consent or knowledge. You should turn off the Quick Balance feature each time you are done viewing your Account information. See the “Your Responsibility for Losses” paragraph above as it relates to opting in to the Quick Balance feature.

IMPORTANT NOTE: BALANCES DISPLAYED IN QUICK BALANCE MAY NOT BE IN REAL TIME.

 

5. Paperless Statements Terms and Disclosures

If you have enrolled or later enroll to receive paperless statements, you agree these Paperless Statements Terms and Disclosures become part of this Agreement. You may enroll in paperless statements during the initial online banking enrollment process or by completing the enrollment process accessible on the “Enroll in Paperless Statements” page under the Accounts tab of the Website and App.

YOU ARE ALSO CONFIRMING YOUR CONSENT TO RECEIVE THESE TERMS AND YOUR DOCUMENTS (AS DEFINED BELOW), ELECTRONICALLY. YOU FURTHER AGREE THAT YOU DO NOT NEED TO BE PROVIDED WITH A PAPER COPY UNLESS YOU SPECIFICALLY REQUEST A PAPER COPY BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU ELECT TO RECEIVE PAPERLESS STATEMENTS ON ONE BUT NOT ALL OF YOUR ACCOUNTS, WE MAY PROVIDE GENERAL ACCOUNT NOTICES, DISCLOSURES, PRIVACY NOTIFICATIONS, RE-DISCLOSURES AND SIMILAR GENERAL ACCOUNT NOTIFICATIONS REGARDING ALL OF YOUR ACCOUNTS ELECTRONICALLY. ONCE YOU HAVE ENROLLED IN PAPERLESS STATEMENTS, YOUR ACCOUNT STATEMENTS WILL BECOME ONE OF YOUR DOCUMENTS THAT ARE PROVIDED ELECTRONICALLY.

Your Documents. Your Documents means this Agreement, our Privacy Policies and Privacy Notices, account statements, administrative fee notifications, new account agreements, account re-disclosures, other agreements and notifications relating to your Accounts and any disclosures required now or in the future by applicable law or regulation. Your Documents do not include tax documents unless you separately enroll to receive them electronically. If you do not consent to receiving Your Documents electronically, you should not enroll in Paperless Statements.

If you wish to withdraw consent to receiving Your Documents electronically, call us at the number found under the Contact Us tab on our Website or App. If you do so, you may be unable to access the Services. Withdrawal of your previously given consent will not affect transactions which occur before we receive notice from you and have reasonable opportunity to act.

You should print this entire Agreement and Your Documents and retain a copy for your records. If you need a paper copy of Your Documents from us, please call us at the number found under the tab on our Website or App and tell us which documents you need copies of. We may assess a fee. Applicable fees may be billed to your Account.

Generally, you will receive a notification that Your Documents are available at our website via an email sent to the address you provide, subject to the terms and conditions of your agreement with your Service Provider. Your receipt of emails may be delayed or prevented by factors affecting your Service Provider and other factors outside our control. We are not responsible for: (a) inaccurate or incomplete content in an email (except that we use reasonable care to achieve accuracy and completeness at the time we send it); (b) non-delivery, delayed delivery, or misdirected delivery of an email; (c) your dependence on or use of the information provided in an email; or (d) security relating to the delivery of an email.

Email Address Change. You are responsible for providing us a current, accurate email address. If your email address changes, please update it by selecting the Manage Security Profile option under the Services tab on our Website or you may call us at the number found under the Contact Us tab on our Website or App. You will be responsible for maintaining an accurate email address at which to receive email notifications.

Your Right to Request a Paper Copy of Your Documents. With Paperless Statements, we will not normally mail your paper copies of Your Documents sent to you electronically. To obtain a paper copy, please select the Account Services option under the Services tab on our Website or you may call us at the number found under the tab on our Website or App. Any applicable copying fees may be billed to your Account.

You Have the Right to Withdraw Consent. You may withdraw your consent to receive Your Documents electronically at any time by updating your selections in the “Manage Alerts” section on the Website or you may call us at the number found under the tab on our Website or App.

You Have Hardware and Software that Meet the Following Technical Requirements. Your system must meet the minimum software requirements to receive documents, information, notices, and disclosures (Your Documents) from us electronically described here.

6. Terms of Use

This Terms of Use section applies to this Agreement and your use of the Services. In the event of conflict between these Terms of Use and specific terms applicable to the Services, the terms specifically applicable to the Services control.

Read the following Terms of Use carefully. By using the Services, you acknowledge that you have read the following Terms of Use and that you accept and will be bound by them, as they may be modified by us from time to time. If you do not agree to these Terms of Use, do not use the Services. Any use of the Services is at your sole risk.

General Restrictions Concerning Use of Our Services. As a condition to the use of our Services, you agree not to use our Services for any purpose or transaction that is unlawful or prohibited by these Terms of Use or any other agreement you have with us. You also agree not to use our Services in any manner which could: (i) damage, disable, overburden, or impair any of our Services or anyone else's website, applications or services; or (ii) interfere with any other party's access to or use of our Services or anyone else's website, applications or services. You agree not to obtain or attempt to obtain access to, or use of, any aspect of our Services through any means we do not intentionally make available on any of our Services. You agree not to frame our Website or App, or to mirror our Website or App, on any other website or application and agree not to link to any portion of our Website other than our home page. Unauthorized use of our Website, App, any of our other Services and systems, including but not limited to, unauthorized use of our systems, misuse of passwords, or misuse of any information posted to our Website or App, is strictly prohibited.

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 Services, Website, App, all information, resources, content, tools, services and other features accessible on the Website and App, 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 of Use, 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.

Except as otherwise expressly stated herein, our intellectual property (including, without limitation, patent, copyright, trademark and trade secret rights) 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. 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.

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 a 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 dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us, any alleged infringer, or any copyright owner or its authorized agent or licensee.

Notice must be emailed to: FNBOCopyrightOffice@fnni.com

Patent Notice. The Bank and its affiliates are licensed under the following, and related Ronald A. Katz Technology Licensing, L.P. United States Patents: 5,561,707; 5,828,734; 5,684,863; 5,815,551; 5,974,120; 5,917,893; 5,898,762; and others.

Information Accuracy. This information on any of our Services 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 these Services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on any of our Services including without limitation, product descriptions, definitions, explanations of uses, frequently asked questions, glossary of terms, and helpful hints are provided for your convenience only. We may change our products, services, terms, conditions and pricing at any time without notice and without first updating our Services. Nothing on any of our Services 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 the Services (such as loan or investment calculators) are provided for your convenience, but are not guaranteed to be error-free.

Limitation of Liability and Disclaimer. THE INFORMATION CONTAINED IN OR ACCESSED VIA ANY OF OUR SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES. WE AND ALL THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO OUR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN ANY OF OUR SERVICES, OR FOR THE INCOMPATIBILITY BETWEEN A WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR OR OUR AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

NEITHER WE NOR ANY THIRD PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON ANY OF OUR SERVICES 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 OF ANY OF OUR SERVICES, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.

Links to Other Websites
. The Services may contain 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.

Other Terms. These Terms of Use do not supersede the agreements, terms and disclosures or other supporting documents applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future including, without limitation, the terms applicable to your Accounts. You should review those specific terms and conditions.

Information Submissions. All information submitted via the Website or App by a visitor to the Website or App shall be deemed and remain our property and by sending us such information you: (i) grant us an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (ii) 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.

Violations of Terms; Indemnity. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular internet address to a Website or a particular mobile device. You will defend us against any claim made regarding a mobile number that you provided to us as your own number, but it was not your number when you provided it to us. 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 of Use or your use of these Services.

Governing Law; Venue. Unless we otherwise agree in writing, Nebraska law governs these Terms of Use and all aspects of our relationship with you. If any part of these Terms of Use is invalid or unenforceable, the remainder will stay in effect. 

Area of Service. These Services are not necessarily available everywhere, will not be available without a valid Account, and may or may not be available outside of the United States. Any access to the Services outside of the United States is not recommended and is done at your own risk. 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).

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.

7. Security Statement

The internet offers a convenient way to conduct financial transactions. We are committed to maintaining strict standards of security to help protect our customers’ confidential personal and business financial information. Our online security is designed to provide for a secure exchange of information with our customers. We utilize multiple security protocols such as firewalls, data encryption and customer authentication techniques.

For more details about how we protect your information and tips on how to protect yourself online, check out our Personal Online Safeguards and additional information in our Security Center on our Website.

If you have any concerns about the privacy and security of your Accounts, you can contact us 24 hours a day, 7 days a week.