WEBSITE USER AGREEMENT
First National Bank (collectively, “Bank,” “we,” “us,” “our”), requires that all visitors to our
) adhere to the following terms
and conditions, and such other service agreements required by us for specific services or products
(the "Service Agreements"
). By your accessing the Website, you (the "User"
) indicate User's acceptance
of and agreement to these terms and conditions, as amended, and each amendment thereto from time to time by Bank.
1. SERVICES, MATERIALS AND PRODUCTS.
We may make available to User various financial and information services (the "Services"
) and other
Materials and Products through the Website, or by linking to other websites, either directly or indirectly
through various third party providers (the "Third Party Providers"
). Neither Bank nor Third Party Providers
can guarantee the Service, Products, or Materials. There may be delays omissions, or inaccuracies in any Product,
Material or Service.
Bank does not represent or endorse the accuracy or reliability of any information,
content or advertisements (the "Materials"
) contained on, distributed through, or
linked, downloaded or accessed from the Website, except as otherwise expressly stated in
any applicable Service Agreement, nor the quality of any Materials, Software or other products
displayed, purchased, or obtained by User as a result of any advertisement or any information or offer in
or in connection with the Services or the Website (the "Products"
). User acknowledges that any reliance upon any Service,
Product, or Material shall be at User's sole risk, except as otherwise required by applicable law. Bank makes no representation
that Products, Materials or Services available on this Website are lawful, appropriate or available for use in locations outside
South Dakota, and accessing them from territories where the same or their content is illegal is prohibited. Any User who chooses
to access this Website from other locations does so on User's own initiative and is responsible for compliance with local laws.
3. INTERNET LINKING.
Bank may provide certain links on the Website for user convenience. We do not endorse or accept responsibility for any such linked website. Bank makes no representations about any website User may access through our Website. Any website linked to this Website may be independent from Bank. As a result, we have no control over the Products, Services, Materials, or other information contained in or available through these third party websites. The quality and dependability of these third party websites may vary as they are updated or altered. Access to or reliance on any other websites linked to the Website is at the User's own risk.
4. SOFTWARE LICENSE.
The software and documentation provided to User by Bank and/or our software suppliers and any enhancements, modifications or revisions (the "Software"
) is the intellectual property of Bank and/or our software suppliers. The Software is licensed to User for use only (i) in conjunction with the Internet access services provided by Bank and (ii) in accordance with this Agreement. User may not (except to the extent applicable law expressly prohibits the following restrictions): (i) permit others to use the Software except in accordance with the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software or permit others to do so; (iii) copy the Software or use the Software for any commercial purpose, or any public display without our prior written permission; (iv) rent, lease, grant a security interest in, or otherwise transfer rights in the Software. Bank and our Software suppliers retain all title, rights (including, without limitation intellectual property rights) and interest in the Software, except as expressly licensed in this Agreement. Bank may, at any time in its sole discretion, provide User with an upgrade of the Software. However, nothing in this Agreement grants User any right to receive any enhancement, upgrade or update of the Software. Unless Bank indicates otherwise in providing an update of the Software, the terms of this Agreement shall apply to any upgrade, enhancement, or update of the Software.
5. COPYRIGHT AND TRADEMARKS.
The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Bank and other parties. Users are prohibited from using any Marks without the written permission of Bank or such third party, which may own the Marks. All content displayed or available through the Website is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on the Website for any commercial, public, or unlawful purpose.
6. TRANSMISSION OF DATA.
Subject to Section 7 below, User acknowledges and agrees that by providing us with any personal or proprietary User information through the Website, User hereby consents to the transmission of such personal or proprietary User-related information to Bank, its agents, service providers, and processors as necessary for handling in accordance with our standard business practices.
7. DISCLOSURE OF ACCOUNT OR PERSONAL INFORMATION TO THIRD PARTIES.
We maintain procedures designed to protect confidential information about User and User's use of any Materials,
for more information about our use of
User's personal information and account information provided to or held by Bank.
8. NO WARRANTIES.
USER AGREES THAT BANK, ANY THIRD PARTY PROVIDER, AND ANY VENDOR SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY OR TIMELINESS OF THE SERVICE OR PRODUCT OR THE ACCURACY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE MATERIALS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE PRODUCTS, MATERIALS OR THE SERVICE, OR FOR INTERRUPTION OR DELAY OF ANY DATA, MATERIAL, OR ANY OTHER ASPECT OF THE SERVICE. THIS SERVICE AND ALL PRODUCTS AND MATERIALS ARE PROVIDED "AS IS". THERE IS NO WARRANTY THAT ANY SERVICE, PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE, OR BANK COMPUTER SYSTEM WILL FULFILL ANY OF USER'S PARTICULAR PURPOSES OR NEEDS. THERE IS NO IMPLIED WARRANTIES OF MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR USE, OR ACCURACY OF INFORMATION CONTENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR MATERIALS, OR ANY ASPECT OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS AND ORDER EXECUTION), EVEN IF BANK HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES, WHICH MAY INFECT A USER'S COMPUTER EQUIPMENT OR RELATED SOFTWARE.
9. LIMITED LIABILITY.
IN NO EVENT SHALL BANK, ANY THIRD PARTY PROVIDER, OR ANY VENDOR BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, PRODUCTS, OR SERVICE) ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, EVEN IF BANK OR SUCH THIRD PARTY PROVIDER OR VENDOR HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF BANK FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT USER ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS PROVIDED BY BANK OR ONE HUNDRED U.S. DOLLARS (U.S. $100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO USER. USER MAY BRING NO ACTION REGARDLESS OF FORM ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
10. TERMINATION OF SERVICE; CHANGES TO AGREEMENT.
Bank reserves the right to deny or terminate User's access to or use of the Website, any Service, Product, or Material, or any portion thereof, in our sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, User's breach of any provision of this Agreement or any applicable Service Agreement or discontinuance of Bank's access to any Product or Material. In the event of any such termination by us, we shall have no liability to User. We reserve the right to revise this Agreement at any time, effective upon posting the revised Agreement on our Website without other notice to User except as required by law.
11. APPLICABLE LAW; JURISDICTION AND VENUE.
This Website (excluding linked sites) is controlled by Bank from its offices within the State of South Dakota, United States of America. By accessing this Website, User and Bank agree that all matters relating to User's access to, or use of, this Website shall be governed by the statutes and laws of the State of South Dakota, and the federal laws of the U.S.A., without regard to the conflicts of laws principles thereof. User and Bank also agree and hereby submit to the exclusive personal jurisdiction and venue of the State courts South Dakota and the United States District Court for the District of South Dakota, with respect to all matters relating to User's access to or use of this Website or any Product, Material or Service. The parties consent to such jurisdiction and venue.
First National Bank. All rights reserved.