First National Bank of Omaha
COMMERCIAL CARD ONLINE AND MOBILE BANKING AGREEMENT
PLEASE READ: Clicking "Submit", logging into or using our website ("Website"), our online services available through the Website (the "Online Services"), or using our mobile services on a mobile device ("Device") either through a mobile browser or our mobile banking application ("App") (collectively referred to as the "Mobile Services") constitutes your legally binding signature and means you are consenting to be bound by the terms and conditions contained in this Commercial Card Online and Mobile Banking Agreement, which, together with the following, shall be referred to as the "Agreement":
The Website, the Online Services, and the Mobile Services are collectively referred to herein as the "Services."
We are relying upon your consent in making the Services available to you. Using the Services is optional. If you do not agree to the terms of this Agreement, you must discontinue using the Services.
By clicking "Submit", logging into, or using the Services you are also consenting to receive information and disclosures electronically, including this Agreement and other terms, conditions, and disclosures related to the Services and your Account(s) with us (collectively referred to as "Your Documents").
You have a right to a paper copy of this Agreement and any future communications. If you would like a paper copy, you can print a paper copy for your records from your browser before you exit this page or at any time after that you may call us at 1-800-819-4249 to obtain a paper copy by mail at no additional charge.
Before providing your consent, please note that:
Please print or save a copy of this Agreement and retain it for future reference.
In this Agreement, "You" and "Your" refer to the person(s) named used to obtain access to the Services and any other person authorized by this Agreement to access the Services using your Security Credentials (as defined below). "We," "Us" and "Our" refer to First National Bank of Omaha and our divisions, which operate under various brand names. For specific information about our divisions or our brand names, please contact our Customer Care Center at 800-819-4249 or visit us online at www.fnbo.com. "Account" means, as applicable, the credit card account or personal loan account that you have with us.
This Agreement describes the terms and conditions that govern your use of the Services, and is in addition to and supplements any other agreements or terms and conditions governing your Account, including, but not limited to, as applicable, the cardmember agreement of your credit card account (your "Account Agreement"), or the terms and conditions of any other products and services which you may have with us and such other agreements and terms and conditions shall remain in full force and effect.
The Services covered by this Agreement may include the ability to obtain and review your Account information, to make online payments on your Account, to communicate with us, to view your account statements, to enroll in and maintain Account Alerts, and various other services and functions.
As a condition to using the Services, you agree not to use either for any purpose or transaction that is unlawful or prohibited by this Agreement or any other agreement you have with us. You also agree not to use the Services in any manner which could: (1) damage, disable, overburden, or impair the Website or anyone else's website; or (2) interfere with any other party's access to or use of the Services or anyone else's website. You agree not to obtain or attempt to obtain access to or use of any aspect of the Services through any means we do not intentionally make available. You agree not to frame or to mirror the Website on any other website and agree not to link to any portion of the Website other than the home page. Unauthorized use of the Services, including but not limited to, unauthorized use of our systems, misuse of Security Credentials, or misuse of any information made available through the Services, is strictly prohibited.
The Services shall be used for business purposes only and will not enroll any internal or external personal, family, household, or other consumer accounts in these Services. You shall be responsible for the consequences of violating this restriction, even if we allow it to occur. Your usage privileges are revocable, nonexclusive, and nontransferable, without the right to sublicense. You may use this website and the services solely for your internal business purpose in connection with products and services offered by us. You are solely responsible for the tax consequences of all transfers between your various business and personal accounts and all payments you make using the Services.
If you have enrolled more than one organization or individual under a single Administrator, you represent and warrant that you have the authority to bind each such organization and individual to the terms hereof and that the Administrator has authority to act on behalf of all such organizations and individuals (including, but not limited to, by assigning User access to the accounts of all such organizations and individuals), and you agree that each organization and individual shall be jointly and severally liable hereunder.
We will use commercially reasonable efforts to make the Services available except for scheduled maintenance. The Services may be unavailable at other times for security reasons, due to system problems, if phone lines are down, or for other reasons. We reserve the right to change service hours at any time.
3. Limitations on Use
The Services are not necessarily available everywhere, and will not be available without a valid Account. Any access to the Services from locations outside the United States is done at your own risk. Information about products and services that you do not already have with us is provided for informational purposes only and should not be considered as an offer to make those products and services available to you. We have no obligation to provide a product or service until: (i) we receive and approve your application; and/or (ii) you have signed a separate written agreement in the form we require.
You are solely responsible for the equipment (including, your computer, your Device, your software including your browser) that you use to access the Services (collectively, your "Equipment"). You agree to protect your Equipment against loss, theft, or unauthorized use, and you agree to follow the security recommendations that we make to you from time to time. Equipment must not be unattended while accessing the Services and must be logged off immediately at the completion of each session. The Services must not be accessed by Equipment through an unsecured network (such as public Wi-Fi) or from a location outside the United States.
We are not responsible for errors or delays or your inability to access the Services. We are not responsible for the cost of upgrading your Equipment to stay current with the Services. We are also not responsible under any circumstances for any damage to your Equipment or the data contained on your Equipment. IT IS YOUR RESPONSIBILITY TO PROTECT THE SECURITY OF YOUR EQUIPMENT AND TO PROTECT YOUR EQUIPMENT AGAINST VIRUSES, WORMS, TROJAN HORSES, KEY LOGGERS, MALWARE, AND OTHER UNWANTED FUNCTIONALITIES OR ITEMS OF A DESTRUCTIVE NATURE.
You acknowledge that the functionality of the Services may change over time and that, if you wish to continue to access the Services, you may be required to make or accept software updates from time to time. You must be the authorized user of the Equipment, and it must have the functions needed to support use of the Services (including access to the internet). The Services may not be accessible in all geographic locations and may not function with some Equipment, internet service providers, wireless carriers, and mobile plans. Your wireless carrier's message and data rates may apply. You are solely responsible for charges imposed by your internet service provider, your wireless carrier, or any third party based on the use of your Equipment. Not all customers are eligible for the Services.
You may use the Services to obtain information about certain Accounts, including your current balance, transactions posted since your last statement, and items posted to your Account during the previous seven billing cycles. Please note that balance information is generally accurate as of the end of the prior business day and may not reflect pending transactions including outstanding charges, payments or credits. Balances in Accounts may also be subject to a hold (which will not necessarily be evident from information provided through the Services, but you will receive written notice when the hold is placed). Please also note that the transaction history for Accounts available through the Services may be limited; you may need to check the monthly statements that we have previously sent to you for information beyond the last day covered by the online transaction history. You also agree to monitor the activity in your Accounts and to keep informed of any changes.
6. Account Alerts
7. Payments on and Transactions Through Your Account Through the Services
Each time you request a transaction using the Services, you authorize us to complete that transaction without any further instructions or your signature; and the account-holding institution (which may or may not be us) to debit or credit the transaction amount to or from the account you identify (subject to restrictions our system imposes). Certain authorizations may not be revoked because we begin to process the request immediately. We are entitled to treat transactions requests as if they were in writing and signed by you if initiated through the services with your Security Credentials. DO NOT SEND PAYMENT REQUESTS BY EMAIL.
You may use the Services to make transactions, including payment on your Account every month using a checking or savings account that you specify. 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 the 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.
The payments you authorize may be variable, one-time payments ("One-Time Payments") or recurring, monthly, automatic payments for the full amount of the statement balance for that monthly billing cycle ("Recurring Payments"). Please note that recurring, monthly, automatic payments for an amount other than the full monthly statement balance may be available, but such arrangements can only be established, modified, suspended, or discontinued by an Administrator or other authorized representative, who must contact us at 800-819-4249.
Transfers or payments from deposit accounts with other institutions should be reflected on the statements you receive from those institutions. 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. If payment for your Account is not posted by its due date, you may be assessed a late payment fee. Please continue to review all the statements you receive. You must make your payment before the close of business on the payment due date or you may be assessed a late payment fee. Payments made after the close of business on business days or on weekends or holidays will post to your Account the next business day. The payments that you initiate using the Services may affect other recurring payments that you have established through other means.
8. Disclaimer of Liability for Payments and Transactions
If we fail to complete an electronic funds payment on time or in the correct amount, in accordance with this Agreement and when you properly instruct us, we may be liable for your actual damages, subject to some exceptions. For instance, we are not liable if: (1) if, through no fault of ours, you don't have sufficient funds in your Account to make the transaction, including transactions that exceed your credit limit; (2) if the funds are subject to legal process or other encumbrance restricting a transaction; (3) you fail to use the Services properly in accordance with this Agreement and any online or other instructions supplied in connection with the Services; (4) you don't request the transaction (or you don't schedule it) sufficiently in advance of when it needs to be processed; (5) you fail to supply complete and accurate information for the transaction you wish to complete; (6) in the case of transactions from your account with another institution to your Account with us, the institution holding your other account refuses to honor or mishandles or delays the transaction; (7) your Equipment fails to operate correctly, or your instructions are lost or delayed in transmission to us; (8) a bona fide security consideration causes us not to make the transaction (e.g., your Security Credentials has been reported lost or stolen, we have reason to believe a transaction is unauthorized, or the transaction would violate other security restrictions in our system); (9) your Account is closed; (10) your access to the Services has been terminated or suspended; (11) if there is a technical malfunction which is known to you at the time that you attempt to initiate the transaction or, in the case of a recurring transaction, at the time the transaction should have occurred; or (12) if circumstances beyond our control (such as a fire, flood, power outage or communications or computer system failure) prevent the transaction. In no event will we be liable for more than actual damages.
9. Account Services
Where available, you may use the "Account Services" feature to request credit limit increases or to change certain Security Credentials, to add or to remove online accounts, to view statements or to download transactions, and to update authorized users.
The "Profile" feature may be used to change your change online preferences and settings, update address and phone number information, and change certain, specified Security Credentials. You represent that the information supplied in your profile is accurate. You are responsible for ensuring to ensure that your Administrator and Users will keep all information in the online profile accurate and up-to-date.
YOU HAVE THE OPTION TO PROVIDE US WITH YOUR MOBILE TELEPHONE NUMBER. BY PROVIDING YOUR MOBILE TELEPHONE NUMBER, YOU CONSENT TO US AND OUR SERVICE PROVIDERS CONTACTING YOU AT YOUR MOBILE TELEPHONE NUMBER THROUGH LIVE OPERATORS, TEXT MESSAGES, EMAIL MESSAGES, AUTOMATIC TELEPHONE DIALING SYSTEMS, PUSH NOTIFICATIONS AND BY USING ARTIFICIAL OR PRERECORDED VOICE MESSAGES FOR THE PURPOSES OF RESPONDING TO YOUR INQUIRIES, OFFERING YOU ADDITIONAL PRODUCTS OR SERVICES, COLLECTING MONEY YOU OWE US, OR PROVIDING YOU CUSTOMER SERVICE. YOU FURTHER CONSENT TO US CALLING AND TEXTING YOU EVEN IF THE MOBILE TELEPHONE NUMBER PROVIDED IS ON ANY STATE OR FEDERAL "DO-NOT-CALL" LIST OR IF YOU HAVE PREVIOUSLY REQUESTED US NOT TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER.
11. Service Requests
Administrators may use various features available through the "Services" tab to make or request that changes be made to the Account.
12. Online Message Center
You may use the "Online Message Center" feature within "Services" tab for general, non-urgent communications with us. You should not rely on email or the Online Message Center for important or time-sensitive notices to us such as for reporting a lost, stolen, or compromised Security Credential or credit card, or when written notice is required. You should not assume that we have received your notification unless and until you receive a response from us. If you do not receive a response to your dispute within two days, you should resend your message (and await a response from us) or follow the other notification procedures in the applicable provisions referenced above. 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. You are responsible for maintaining an accurate email address at which to receive email notifications.
We have the right to terminate your access to the Services if we determine, in our sole discretion, that you have used email or the Online Message Center to send 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.
2. SECURITY AND LIABILITY FOR UNAUTHORIZED USE
Security of your transactions is of the utmost importance. Use of the Services therefore require use of one or more security devices or security features including your User ID, password, personal identification number (PIN), or challenge questions, activation codes, confirmations, and others that may be provided in connection with the Services (all of which are referred to, along with your User ID, as your "Security Credentials"). To the extent that the Services enable you to select your Security Credentials, you agree to select Security Credentials that are as secure as possible (for example, credentials that are difficult to guess, long not short, composed of letters, numbers, and other characters, and that follow any other recommendations we provide). You may change your password online, and you should do so frequently and regularly.
You are responsible for following all directions provided with respect to use of the Security Credentials. You agree to keep, and to require your authorized personnel to keep, your Security Credentials secret. You must to notify us immediately if any of your Security Credentials is lost, stolen, or otherwise compromised stolen by calling us at the number in the "Contact Us" section of the Website. DO NOT USE EMAIL TO NOTIFY US OF LOST OR STOLEN USER SECURITY CREDENTIALS. FAILURE TO PROTECT YOUR SECURITY CREDENTIALS MAY RESULT IN SOMEONE ELSE BEING ABLE TO ACCESS THE SERVICES AND YOUR ACCOUNT IN YOUR NAME. WE WILL CONSIDER ANY ACCESS AND ANY TRANSACTION USING YOUR SECURITY 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 SECURITY CREDENTIALS.
You agree that disclosing your Security Credentials to someone else authorizes them to act on your behalf, and that you will not disclose your Security Credentials to anyone that is not authorized by you to use them. Certain of your personnel (referred to here as "Administrators") may have the ability to add, delete, and modify Security Credentials and to determine which of your employees or representatives have access to the Services, and the type of access they have (your "Users"; your Administrators are also considered Users). You are responsible for all acts and omissions of your officers, directors, partners, employees, agents, representatives and contractors, including your Administrators and Users (collectively, your "Personnel"). We are entitled, without further inquiry or investigation, to assume that the actions of your Personnel are appropriate and authorized by you. You are strongly advised to establish and maintain policies and procedures and accounting and auditing controls that will prevent (or at least allow the early detection of) fraud or other unauthorized activity by your Personnel. As between you and us, you agree to accept sole responsibility for losses attributable to the acts or omissions of your Personnel.
Your Administrators are solely responsible for determining, on your behalf, who should be trusted with a Security Credentials and for supervising their use of the Services and the Security Credentials. Security Credentials should be cancelled or changed whenever any person with knowledge of or access to them transfers to a new assignment, leaves your employ, is otherwise no longer authorized to use a Security Credential on your behalf, or if you have any reason to believe that the Security Credentials have been breached or compromised. You are responsible for all transactions initiated by your Users even though they engage in transactions that you have not authorized, regardless of the purpose thereof and regardless of whether the User violates your rules pertaining to use of the Services.
You are responsible for ensuring and advising that all of your Users they must contact your Administrator immediately if they lose, forget, or disclose any of your Security Credentials. If your Administrator loses, forgets, or discloses Security Credentials, they should contact us immediately. You understand and agree that any User may be able to initiate transactions (including transfer and payment transactions) using the Services, regardless of whether the User was previously an authorized signer on the affected accounts and regardless of whether any of those accounts normally have other restrictions or require dual signatures.
We may accept as authentic any instructions from any person using your Security Credentials or with Security Credentials assigned to any of your personnel or entities. We may permit such a person to access your account information, to make payments and transfers, and to otherwise use the Services on your behalf. You are solely responsible for all conduct and transmissions that take place under those Security Credentials.
We do not assume any liability for or otherwise guarantee the security of information in transit to or from our facilities.
WE WILL NEVER ASK YOU TO DISCLOSE SECURITY CREDENTIALS IN AN EMAIL AND WE WILL NEVER SEND YOU AN EMAIL THAT ASKS YOU TO GO TO ANOTHER WEBSITE TO VERIFY YOUR ACCOUNT INFORMATION FOR US. (FOR MORE INFORMATION, SEE THE "PHISHING" PARAGRAPH IN OUR SECURITY STATEMENT.
3. SUSPENSION AND TERMINATION OF THE SERVICES
If you want to terminate your access to the Services, call 1-800-819-4249 toll-free or at the number listed in "Contact Us," 24 hours a day, 7 days a week. After your identification has been verified over the phone, your enrollment in the Services will be terminated. Your enrollment in the Services may be discontinued immediately upon receipt of your termination notice. Alternatively, we may require that you follow another procedure so that we may verify your identity and your authorization to terminate. Recurring transactions will not necessarily be discontinued because you terminate use of the App.
We reserve the right to terminate Services in whole or in part at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to the Services in situations that we deem appropriate, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may, among other things, consider repeated incorrect attempts to enter your Security Credentials may be considered an indication of an attempted security breach.
Removal of access to the Website or termination of Services does not affect your rights or obligations under this Agreement with respect to occurrences before access is terminated.
4. INFORMATION DISCLOSURE
We may unilaterally change the terms of this Agreement at any time without notice to you unless required by law. Unless we specify otherwise, changed terms will apply to your account(s) as then outstanding as well as to future transactions and balances. Each time you log in, you are confirming your assent to the terms of this Agreement, including all announced changes. Changes will be automatically effective immediately or on the date that we specify and will not require any further assent from you. While use of the Services is not necessary for a change in terms to be effective, your continued use of the Services after a change will mean that you agree to the change. If you disagree with a change you should stop using the Services and may terminate your enrollment in the Services as provided above.
6. COMPLIANCE WITH LAW
You are responsible for complying with all laws, rules, regulations, and industry standards that are applicable to your business and/or your use of the Services, including the use of the Services by your Users. In addition to the limitations in this Agreement, any applicable limitations that apply to any of your Accounts remain in effect (and payments or transfers using the Services will count as transfers for those purposes). For security reasons, there may be limitations (in addition to those referenced above) on the frequency and dollar amount of the payments and transfers you may make using the Services.
You accept responsibility for the losses we suffer in connection with providing the Services to you. More specifically, you agree to indemnify, defend, and hold us harmless from and against any and all liabilities, claims, losses, costs, damages and expenses (including reasonable attorneys fees) related to: (1) any third party claims arising out of our provision of the Services 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; (d) your failure to fulfill your responsibilities or your breach of any of your representations in this Agreement or any other agreement with us; or (3) your acts, omissions, errors, requests, instructions, transactions or deposits. You are not required to indemnify us for our willful misconduct. Your responsibility under this paragraph survives any termination of the Services or our relationship.
8. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
ALL INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY REGARDING THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES AND LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION IS EXPRESSLY DISCLAIMED. FURTHER, WE WILL NOT BE LIABLE FOR ANY UNAVAILABILITY, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SERVICES, OR FOR THE INCOMPATIBILITY BETWEEN THE SERVICES, YOUR DOCUMENTS, AND YOUR EQUIPMENT. WE ALSO WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND OUR CONTROL. THERE IS NO LICENSE IMPLIED IN THESE DISCLAIMERS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER WHICH ARISE OUT OF OR RELATE TO:
WE SHALL HAVE NO LIABILITY FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY THEREOF. WE DO NOT GUARANTEE THE SECURITY, PRIVACY OR INTEGRITY OF INFORMATION THAT YOU MAY TRANSMIT TO US OR RECEIVE FROM US OVER THE INTERNET. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION SHALL, TO THE EXTENT APPLICABLE, APPLY TO ANY THIRD PARTY DATA PROVIDERS THAT ASSIST US IN PROVIDING THE SERVICES. FURTHER, THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION SHALL NOT BE DEEMED TO DISCLAIM, LIMIT, OR REDUCE LIABILITIES RESPONSIBILITIES, OR OBLIGATIONS SPECIFICALLY IMPOSED ON US BY APPLICABLE LAW, TO THE EXTENT SUCH LIABILITY, RESPONSIBILITY, OR OBLIGATION CANNOT BE WAIVED OR DISCLAIMED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT FULLY APPLY TO YOU. TO THE EXTENT THAT THE FOREGOING IS NOT FULLY ENFORCEABLE UNDER APPLICABLE LAW, YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Business days are Monday through Friday, excluding holidays observed by the Federal Reserve Board.
2. Accuracy of Information
This information provided through the Services is for information purposes only. Although we strive for accuracy, some information provided to you through the Services may contain technical or other inaccuracies or omissions, typographical errors, and may become outdated. To the extent permitted by applicable law, we may change products, services, terms, conditions and pricing at any time without notice and without first updating the channels through which that information is provided to you (e.g., an automated phone system or the Website). Nothing on the Website or provided through the Services is intended to provide legal, accounting, tax or financial advice, and you should consult your own professional advisor on such matters. Tools that you may access through the Services are provided for your convenience, but are not guaranteed to be error-free.
3. Additional Services & Third-Party Products
We may, from time to time, make additional features available through the Services. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any additional instructions, procedures and terms provided to you with respect to each of these new services.
Resources, products and services provided by parties other than us, but accessed through the Services (such as, but not limited to, access via links to other websites from our Website) are not our responsibility, and we make no representation whatsoever about them. The fact that we have provided access to a third-party resource, product, or service does not mean that we endorse it.
4. Credit Review; Third Party Contacts
You agree that we may contact any source necessary and may obtain credit reports on you in connection with this Agreement or your use of the Services in accordance with applicable law. As permitted by applicable law, we may also contact third parties (such as, but not limited to, merchants, other financial institutions, and entities to which we provide financial services) in connection with verifying your identification or creditworthiness and resolving issues with your use of the Services.
You may not transfer or assign your rights or duties under this Agreement. We reserve the right, in our sole discretion, to assign our rights and delegate our duties under this Agreement.
6. Error Resolution Procedures
Please refer to your Account Agreement for information on applicable error resolution procedures related to your Account. For additional information, you may also call us at the number in the "Contact Us" section of the Website, or write to us at:
PO Box 3696
Omaha NE 68103-0696
7. Intellectual Property and Notification of Claimed Infringement
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 the Services, all information, resources, content, tools, services and other features accessible on the Services, 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 this Agreement, 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.
This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act. If you believe that any material or content available through the Services constitutes copyright infringement, please forward the following information in writing to the email address listed below (a "Notice"): (1) your address, telephone number, and email address; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the alleged infringing material is located; (4) 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; (5) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (6) 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
General Restrictions Concerning Use of Our Website
As a condition to the use of our Website, you agree not to use our site for any purpose or transaction that is unlawful or prohibited by these terms or any other agreement you have with us. You also agree not to use our Website in any manner which could: (1) damage, disable, overburden, or impair our Website or anyone else's site; or (2) interfere with any other party's access to or use of our Website or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of our Website through any means we do not intentionally make available on the site. You agree not to frame our Website or to mirror our Website on any other site and agree not to link to any portion of our site other than our home page. Unauthorized use of this Website and systems, including but not limited to, unauthorized use of our systems, misuse of passwords, or misuse of any information posted to this Website, is strictly prohibited.
Copyright and Trademark Notices
The works of authorship contained on our Website , including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by us or one of our affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights. You may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Trademarks or service marks referenced on our Website are our property or property of their respective owners. You may not copy or display or use the trademarks or service mark (except as strictly necessary for you to view these materials on your own computer), for any commercial or public purpose without our prior written consent.
We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to our Website , all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these terms, nothing shall be deemed to grant you any right, title, interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable.
Notification of Claimed Infringement
This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.
If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information in writing to the email address listed below (a "Notice"): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us, any alleged infringer, or any copyright owner or its authorized agent or licensee.
Notice must be emailed to: FNBOCopyrightOffice@fnni.com
Limitation or Termination of Website Access
We reserve the right to terminate access to our Website and any or all services in whole or in part at any time, with or without cause and without prior written notice. We also reserve the right to temporarily suspend access to our Website and any or all services in situations we deem appropriate, in our sole and absolute discretion, including, without limitation, when we believe a system security breach has occurred or is being attempted.
Limitation of Liability and Disclaimer
THE INFORMATION CONTAINED IN OR ACCESSED VIA THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. WE AND ALL THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL WE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
NEITHER WE NOR ANY THIRD PARTY DATA PROVIDERS WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN ALL MATERIALS AND INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR AND OUR AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.
You agree that any cause of action arising out of or related to the Website, the Services, or this Agreement must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Claims not raised in accordance with the dispute resolution procedures set forth herein shall be deemed barred.
Links to Other Websites
This Website contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website.
Violations of Terms; Indemnity
We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.
Governing Law; Venue
Unless we otherwise agree in writing, Nebraska law governs these terms and all aspects of our relationship with you. If any part of these terms is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms, our Website, the Services or any aspect of our relationship with you shall be commenced and maintained solely and exclusively in the state and federal courts sitting in Douglas County, Nebraska, United States and you expressly consent to the personal and exclusive jurisdiction of such courts.
Area of Service
The Services are not necessarily available everywhere, and may or may not be available to non-residents or non-citizens of the United States. Accessing our Website from outside the United States is not permitted, except for access by our existing customers. Information about products and services is provided for informational purposes only and should not be considered an offer to make those products and services available to you. We have no obligation to provide a product or service until: (i) we have received and approved an application in the form we require; and (ii) you have signed a separate written agreement in the form we require (if any). We may require in-person closings for certain products.
We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
In the event that you believe we have failed to comply with this Agreement or that you have a claim arising out of the Services, you agree to give us prompt written notice detailing your concerns and designating a representative with authority to conclusively resolve those concerns on your behalf. We will then promptly appoint a representative to work with your designated representative, and both parties will then cooperate in good faith to promptly resolve your concerns. All such disputes and claims must be submitted within 30 days of the time you were in receipt of the information upon which the dispute or claim is based (such as, but not limited to, information contained on your periodic statements). If payment from a consumer account is involved, all such disputes and claims must be submitted within 60 days of the date you were in receipt of the information upon which the dispute or claim is based.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Notices under this Agreement shall be given as follows:
Notices to you shall be deemed to have been received 24 hours after the email is sent. Notices to us shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.