Business Digital Services Banking Agreement

Please read: by clicking "I agree" or using our online services, you are agreeing to this online business banking services agreement (this "Agreement"). Clicking "I agree" or logging on constitutes your legally binding signature. The person clicking "I agree" is also representing that that they have all necessary rights, power and authority to make this Agreement on behalf of the customer organization(s) covered by this Agreement. We are relying upon your agreement in making available this website and the services that are accessible here. Using this website or our services is optional. You should exit now if you disagree with any of the terms contained in this Agreement.

  1. You are consenting to receive "your documents" electronically (see #5 below for a description of "your documents").
  2. You have a right to a paper copy of your documents. If you want a paper copy, click the print button for the documents or call us at  and we will mail you a paper copy. After you have enrolled, you may also obtain paper copies of certain documents by using the "account services" section of the website or the "contact us" feature. Applicable fees, if any, for copies will be disclosed at the time of your request.
  3. You have a right to choose not to make your agreement and not to receive your documents electronically. You also have a right to withdraw any previous electronic consent. If you wish to make that choice, do not click "I agree" or log on. Instead, call . If you do not want to make this Agreement electronically there will be an interruption in your ability to access the services electronically until we receive your signed agreement in paper form. Withdrawal of your previously given consent will not affect transactions which occur before we receive notice from you and have reasonable opportunity to act.
  4. By clicking "I agree" or logging on you are confirming that you can access, read and print all of this Agreement.
  5. Your consent applies to "your documents". "Your documents" means this Agreement (including the disclosures contained in this Agreement), notices of change in terms relating to this Agreement, new account agreements, administrative fee notifications, account notifications, and any disclosures required now or in the future by applicable regulation. Electronic notices may go to your administrator(s) and/or user(s) (see PINS and Passwords; Security for more information).
  6. You may use the "contact us" feature to update information needed to contact you electronically.

You should print a copy of this Agreement and retain it for future reference.

In this Agreement, "you" and "your" refer to the customer(s) named in the enrollment used to obtain access to this site. Any person who uses a User ID issued to you is also subject the terms of this Agreement and you agree to be responsible for their compliance with these terms. The words "we," "us" and "our" refer to .

For your convenience, "this Agreement" consists of the following parts:

  1. Online Business Banking Services Terms
    These Terms are applicable to the services (the "Online Business Banking Services") described in the Online Business Banking Services Terms portion of this Agreement
  2. Mobile Banking Services Terms
    These Terms are applicable if you download the App and agree to the terms.
  3. Terms of Use
    These Terms are applicable to our website generally to the Online Banking Services and to the online access to other products and services which is provided via this website (together, the "Services").
  4. Digital Rights and Information
    As to the steps we take to protect your business information, please review the Digital Rights and Information Section within this Agreement
  5. Commercial Online Safeguards
    This is a link to our current Commercial Customer Online and Identity Safeguards.
  6. Security Statement
    This is a link to our current Security Statement.

All terms are subject to change. These terms are the complete terms of our agreement with respect to the Services described herein. This Agreement does not, however, supersede the agreements, terms and conditions or disclosures (the "Other Terms") applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future (the "Other Products"), even if those Other Products are accessible through this website. Other Products could include, but are not limited to, deposit accounts, credit cards, debit cards, other line of credit or loan products, credit/debit card processing services., and other cash management services (such as Cash Management Online, remote capture and lockbox reporting). The Other Terms shall remain in full force and effect. This Agreement may, however, be deemed to supplement the Other Terms with respect to the online access to Other Products which is provided via this website. In the event of conflict between this Agreement and the Other Terms, whichever provision is more protective of us shall control.

A. ONLINE BANKING SERVICES TERMS

  1. PINS and Passwords; Security
    IMPORTANT: We may permit access to your account information and may accept as authentic any instructions given to us using your User ID or password. You are solely responsible for all conduct and transmissions that take place under your User ID and password. The "Administrator" is defined as the individual who originally enrolls in the Service and any other User enrolled by that administrator and granted administrator privileges. You agree to keep and to require your Administrator(s) and User(s) to keep your User IDs and passwords secret. You agree to notify us immediately if your User ID or password is lost or stolen or if you believe someone else has discovered your User ID or password. If you, your Administrator or Users give your User ID or password to someone else, you are authorizing that person to act on your behalf. We may permit such a third party to access your account information, to make transfers and payments and to otherwise use the Services. Online Business Banking Services enable you to change your password; we recommend that you do so regularly. Do not use something that is easy to guess for your password (for example, your name, address or birth date); a combination of letters and numbers is required. User IDs and/or passwords should be changed whenever any person with access thereto transfers to a new assignment, leaves your employ or is otherwise no longer authorized to use a User ID or password on your behalf or if you have any reason to believe that your User ID or password security has been breached. Your Administrator(s) will have the ability to add, delete, and modify User IDs and passwords and to determine which of your employees or representatives have access thereto, and the type of access they have (your "Users"). The Administrator is solely responsible for determining, on your behalf, who should be trusted with a User ID and password and for supervising their use thereof. You are responsible for all transactions initiated by your Users even though they engage in transactions that you have not authorized, regardless of the purpose thereof and regardless of whether the User violates your rules pertaining to use of the Services. If a User loses or forgets their User ID or password, they should contact your Administrator. If your Administrator loses or forgets their User ID or password, they should contact us. You understand and agree that any one User can initiate transactions (including transfers 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. We do not assume liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to: (1) monitor and/or record all communications and activity related to the Services; and (2) 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. Our records will be final and conclusive in all questions concerning whether or not your User ID or password was used in connection with a particular transaction. If any unauthorized use of your User ID or password occurs, you agree to: (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance that we request in recovering any unauthorized transfer or payment.

  2. Account Information
    Balance information available on our website may not reflect outstanding checks or charges, unposted transactions (such as deposits, payments or credits), or recent transfers or payments. Balances in deposit accounts may also be subject to a hold (which will not necessarily be evident from your online statement, but you will receive written notice when the hold is placed). 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.

  3. Email
    You may use the email feature in the Contact Us feature of our web site for general, non-urgent communications with us. You should not rely on email for important or time-sensitive notices to us such as stop payment orders, or for reporting a lost or stolen User ID, password, or credit, debit or ATM 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.

    You may use the Contact Us feature of our website to notify us of errors on your statements. You should not consider 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 (2) business days, you should resend your message (and await a response from us) or contact us in a different manner.

    DO NOT NOTIFY US VIA EMAIL OF LOST OR STOLEN USER IDs, PASSWORDS, OR CREDIT, DEBIT OR ATM CARDS. DO NOT SEND TRANSFER OR PAYMENT REQUESTS VIA EMAIL.

  4. Service Availability
    We make reasonable commercial efforts to make our Services and web site available; however, we are not responsible for any scheduled downtime or other interruptions. We reserve the right to change service hours at any time.

  5. Termination of Online Business Banking Services
    If you want to terminate your access to the Online Business Banking Services, you can call us at the number in the Contact Us section of our website. Online Business Banking 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 Online Business Banking Services. If you want to make sure that online recurring transfers or payments are stopped, you must follow the procedures in the Discontinuing Transfers and Payments paragraph.

    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 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 the Services does not affect your or our rights or obligations under this Agreement with respect to occurrences before termination.

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

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

  8. 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 the Services. We reserve the right, at our sole discretion, to assign our rights and delegate our duties.

  9. Sole Proprietor Accounts
    If you use the Services to access a sole proprietor account with us, please note that: (i) 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; and (ii) Our Liability, Liability for Unauthorized Use, Error Resolution Procedures, and Business Days Sections of these Online Business Banking Services Terms do not apply to transfers from your sole proprietor account. Provisions of this Agreement indicating that we are liable for failure to make transfers or payments on time or that we are liable for failure to cancel or discontinue transfers or payments are applicable only to transfers from consumer accounts.

  10. Authorization
    Each time you request us to make a transfer or payment using the Services, you authorize:
    1. us to complete that transfer or payment without any further instructions or your signature; and
    2. the account-holding institution (which may or may not be us) to deduct the transfer or payment amount from the deposit 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 Transfers and Payments. Certain authorizations may not be revoked because we begin to process the request immediately.

    If our system verifies that a request was initiated under a User ID assigned to you, or any of your personnel or entities, we are entitled to treat that request instruction as if it was in writing and signed by you. This shall be considered the "Security Procedure" used to verify the authenticity of your payment and transfer instructions, not errors in transmission or content. A PAYMENT OR TRANSFER INSTRUCTION SHALL BE EFFECTIVE AS YOUR VALID ORDER TO US AND YOU AGREE TO BE BOUND BY IT IF: (1) IT WAS IN FACT TRANSMITTED OR AUTHORIZED BY YOU OR YOUR PERSONNEL; OR (2) IT WAS ACCEPTED BY US IN COMPLIANCE WITH THE ABOVE SECURITY PROCEDURE, WHETHER OR NOT IT WAS ACTUALLY AUTHORIZED BY YOU.

  11. Payments/Transfers

    A specific enrollment is required to access this service. If you are not already enrolled, follow the instructions provided on the website to enroll for this service.

    You may use the Online Business Banking Services to transfer money and/or make payments between certain accounts of yours with us (subject to relevant account restrictions). All such transfers and payments are referred to herein simply as "transfers". Transfers may be "variable" or "recurring". A variable transfer is a transfer that is made on a one-time basis that is: (1) scheduled to pay on the same business day you request such transfer and such immediate variable transfer will be made immediately; or (2) scheduled to pay on a future business day from the business day you request such transfer and such future variable transfer will occur at the time of processing on that future business day. A recurring transfer is one for the same amount that is made on a weekly, bi-weekly, bi-monthly, monthly, quarterly, semi-annual, or annual basis. Once started, recurring transfers will be made automatically until you tell us to cancel the recurring payment and we have a reasonable opportunity to act. Please note that transfer dates will be automatically moved to the next business day if you request a transfer date that is not a business day or you request the transfer date to be on the same day as your request and you make such request after a cut-off time we establish or on a day that is not a business day.

  12. Bill Payment (payments from an account with us)
    A specific enrollment is required to access this service. If you are not already enrolled, follow the instructions provided on the website to enroll for this service.

    You may use the Bill Payment feature of Online Business Banking Services to make "variable" or "recurring" payments to the third parties you put on your merchant list. A variable payment is a payment made on a one-time basis. A recurring payment is one for the same amount that is made on a weekly, bi-weekly, bi-monthly, monthly, quarterly, semi-annual, or annual basis. Once started, recurring payments will be made automatically until you tell us to cancel the recurring payment and we have a reasonable opportunity to act. We reserve the right to decline to make payments to certain persons and entities. You are solely responsible for assuring the accuracy of the information about the merchants that you have added to your merchant list. You should review your list from time to time to verify its accuracy. You can change your list from time to time. Any change should be requested sufficiently in advance of the next payment to give us time to make the change for any pending payments.

    Payments will be made in the amounts and on the "payment dates" you specify, but may not be less than $5.00 or more than $75,000.00. You may not schedule more than one payment per payment date to the same merchant. Payments will be mailed or otherwise sent within two (2) business days after the payment date (please note that payment dates will be automatically moved to the next business day if you request a payment date that is not a business day or you request the payment date to be on the same day as your request and you make such request after 8:00AM to 8:00PM CST or on a day that is not a business day). In order for your payment to be on time, you should allow: (i) two (2) full business days from the payment date you specify for us to mail the payment; and (ii) whatever additional time is needed for the mail to be delivered to the party you are paying. You must make your payment request and select a payment date with enough time in advance so that your payment will be delivered by its initial due date (not the end of any applicable grace period). We are not responsible for late payments unless we fail to mail payment within two (2) business days of the selected payment date and that delay causes you a loss. Payments will be made from one deposit account that you specify; we are not obligated to make payments from multiple accounts. Payments will be deducted from your account on the payment date. You agree that we may send payments by composite check drawn on us or on our affiliate, by check drawn on your account but without your signature (or with a signature substitute that we apply), by automated clearinghouse transaction, or by such other means as we deem appropriate.

    DO NOT SEND BILL PAYMENT REQUESTS VIA EMAIL.

  13. Stop Payments
    You may use the Online Business Banking services to place or remove a stop payment order of an uncleared check. A stop payment order is a request to us to not honor the payment of a check after it has been delivered but before it is cashed. You may not stop payment of certified or cashier's checks or money orders. These services provide an alternative to our "Standard" (telephonic) stop payment procedure. You may still use the Standard procedure and should use it if you do not wish to have these terms apply to your stop payment order. These terms are applicable to all current and future accounts you have with us.

    Stop payment orders will be placed electronically via communications link between your computer and our computer. Authenticity of stop payment orders will be verified on an automated basis by our computer. The Administrator, selected by you, will be granted the authority to establish individual system Passwords to, and assign the desired functionality within, the online stop payment platform.

    Stop payment orders will remain in force for not more than six (6) months, unless renewed for a period not to exceed an additional six (6) months. Any applicable fees will be governed by your respective service agreement. In the event your service agreement is silent as to such fee, standard fees may apply. These stop payment services require your orders to be completely accurate. You agree we are not responsible for paying an item that is not accurately described in your stop payment order. You agree our records will be conclusive as to the details of the stop payment orders we receive.

    Neither placing a stop payment order nor our confirmation of it guarantees the item has not already been paid or that the item will not be paid before we have a reasonable opportunity to act on your order. Please take this into account before issuing replacement checks. You agree no additional written confirmation from you will be necessary for stop payment orders submitted this way. We are not responsible for loss, delay, alteration, or interception of communications in transit.

  14. Payments to a Credit Card Account with Us
    A specific enrollment is required to access this service. If you are not already enrolled, follow the instructions provided on the website to enroll for this service.

    You may use the Online Business Banking Services to pay your commercial credit card accounts with us online 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 credit card account. Recurring commercial credit card payments will not begin until after the next commercial card statement cycles. If any third party makes a claim against us as a result of your use of the Services in this way, you shall reimburse 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 credit card account.

    Payments will be made in the amounts and on the "payment dates" you specify. Generally, commercial card payments will post to your card account on the payment date so long as we have received your payment instructions before our cutoff time for that payment date. Our cut-off time is subject to change from time to time without notice, however, if you try to submit a payment after the cut-off time for a payment date, our system will alert you. If payment for your card account is not posted by its due date, you may be assessed a late payment fee.

    DO NOT SEND CREDIT CARD PAYMENT REQUESTS VIA EMAIL.

  15. Limitations; Compliance with Law
    In addition to the limitations stated above, any applicable limitations on transfers that apply to any of your deposit accounts remain in effect (and transfers or payments 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 transfers and payments you may make using the Services.

    If you are initiating payments or transfers from an account other than a consumer account: You agree to be bound by the rules of the National Automated Clearinghouse Association and other relevant clearing house associations as in effect from time to time (the "Rules"). You will be considered the Originator of your entries under the Rules. You agree not to initiate entries that violate the laws of the United States. These laws include, but are not limited to, sanctions enforced by the Office of Foreign Assets Control ("OFAC"). It is your responsibility to obtain information regarding OFAC enforced sanctions. You may obtain further information from the OFAC Compliance Hotline at (800)540-OFAC. Except for the entries we create to carry out your transfer and payment requests, this Agreement does not allow you originate any other types of ACH entries. We may terminate or suspend this Agreement immediately if we believe you have breached the Rules. You agree that we may audit your compliance with this Agreement and Rules as requested from time to time.

    You are responsible for complying with all laws, rules and regulations that are applicable to your business and/or your use of the Services. This includes but is not limited to Regulation GG. You agree not to use the Site, Products or Services provided by us in a way that involves "restricted transactions" (as defined in 12 CFR Part 233 or "Regulation GG") pertaining to unlawful internet gambling. You agree to inform us if your organization is an internet gambling business (as defined by Regulation GG) or if you process transactions for an internet gambling business. Unless you notify us in writing that your organization is an internet gambling business, you certify that your organization does not engage in an internet gambling business. You agree to notify us in writing if your organization becomes an internet gambling business. We reserve the right to prohibit or reject transactions involving internet gambling.

  16. Statements

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

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

  18. Account Alerts
    You may use the Services to elect the electronic mail ("email") alerts service ("Account Alerts"). This service enables you to request and receive email messages about your accounts with us. In the event you elect this service, now or in the future, to receive one or more of the notices that are offered by the Account Alerts service, you acknowledge that you have read, understand and agree to abide by the terms and conditions.

    You may receive Account Alerts through an email account. Our Account Alert service is also subject to the terms and conditions of your agreement(s) with your internet 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 to receive Account Alerts. You understand and authorize that each Account Alert is sent to you without being encrypted and may include your name and information pertaining to your account(s) with us.

    You understand and agree that your receipt of any Account Alerts may be delayed or prevented by factor(s) affecting your internet service provider and other factors outside our control. We do not guarantee the delivery or the accuracy of the contents of each Account Alert. You agree not to hold us, our directors, officers, employees and agents liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) inaccurate or incomplete content in an Account Alert; (b) a non-delivery, delayed delivery, or the misdirected delivery of an Account Alert; (c) your dependence on a Priority Account Alert; (d) use of the information provided in an Account Alert for any purpose; or (e) security relating to the delivery of the Account Alert.

    We provide Account Alerts as an advantage to you for information purposes only. An Account Alert does not comprise a bank record for the account to which it relates. We reserve the right to terminate or change the Account Alerts service at any time and for any reason without prior notice to you.

  19. Discontinuing Transfers and Payments
    For recurring transfers between accounts: If you wish to cancel a recurring transfer, select the transfer you wish to cancel on your pending transfers list on our website. After you select the transfer you wish to cancel, you can choose the delete transfer cycle option. This will cancel the pending transfer and delete the future transfers in that cycle. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: , Business Online Customer Service, York State Bank 700 N. Lincoln Ave., P.O. Box 39, York, NE 68467. We must receive your request at least three (3) business days before the transfer date. If you request us to cancel a recurring transfer three (3) business days or more before the transfer date and we fail to do so, we are liable for your losses or damages (applicable to consumer accounts only). You may not discontinue transfers that are no longer on your pending transfers list.

    For variable transfers between accounts: If you wish to cancel a future variable transfer, you can select the transfer you wish to cancel on your pending transfers list on our website. After you select the transfer you wish to cancel, you can choose the cancel transfer option. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: , Business Online Customer Service, York State Bank 700 N. Lincoln Ave., P.O. Box 39, York, NE 68467. We must receive your request at least three (3) business days before the transfer date. Although we may attempt to honor cancel requests for variable transfers, we are not obligated for failing to do so. You may not discontinue transfers that are no longer on your pending transfers list.

    For Bill Payment recurring payments: If you wish to cancel a recurring payment, you can select the payment you wish to cancel on your pending payments list on our website. After you select the payment you wish to cancel, you can choose the delete payment cycle option. This will cancel the pending payment and delete the future payments in that payment cycle. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: , Business Online Customer Service, York State Bank 700 N. Lincoln Ave., P.O. Box 39, York, NE 68467. We must receive your request at least three (3) business days before the payment date. If you request us to cancel the recurring payment three ( 3) business days or more before the payment date, and we fail to do so, we are liable for your losses or damages (applicable to consumer accounts only). You may not discontinue payments that are no longer on your pending payments list.

    For Bill Payment variable payments: If you wish to cancel a variable payment, you can select the payment you wish to cancel on your pending payments list on our website. After you select the payment you wish to cancel, you can choose the cancel payment option. In addition, you can call us at the number in the Contact Us section of our website, or write to us at: , Business Online Customer Service, York State Bank 700 N. Lincoln Ave., P.O. Box 39, York, NE 68467. 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. You may not discontinue payments that are no longer on your pending payments list.

    For Payments to a Credit Card Account with Us: If you wish to cancel your next commercial card recurring payment, you can select the payment on the pending payment list and delete it. To remove all future commercial card recurring payments, you must also delete the recurring payment cycle transaction. Delete requests for commercial card recurring payments received prior to the designated cutoff time will become effective that day.

    DO NOT SEND REQUESTS TO DISCONTINUE TRANSFERS OR PAYMENTS VIA EMAIL.

  20. Our Liability
    The next sentence only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder (the remainder of the section applies in all situations). 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: (1) if, through no fault of ours, you don't have sufficient funds in your account to make the transfer or payment; (2) if the funds are subject to legal process or other encumbrance restricting a transfer or payment; (3) if the transfer or payment exceeds your credit limit; (4) 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; (5) 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: (1) you fail to use the Services properly in accordance with this Agreement and any online or other instructions supplied in connection with the Services; (2) you don't request the transfer or payment and schedule it sufficiently in advance of the due date for the obligation you are paying; (3) you exceed applicable restrictions on the number, amount or frequency of transfers; (4) 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; (5) 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 institution to your deposit account with us, your account-holding institution refuses to honor or mishandles or delays the transfer); (6) your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us; (7) 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 (8) your relevant deposit account is closed or services hereunder have been terminated or suspended.

  21. Liability for Unauthorized Use
    This section only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder. Tell us AT ONCE if you believe your User ID or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your deposit account (plus your maximum line of credit). If you tell us within two (2) business days, you can lose no more than fifty dollars ($50). If you do NOT tell us within two (2) business days after you learn of the loss or theft of your User ID or password, and we can prove we could have stopped someone from using your User ID or password without your permission if you had told us, you could lose as much as five hundred dollars ($500). Also, if your deposit account statement shows transfers or payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have prevented someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. If you believe your User ID or password has been lost or stolen or that someone has transferred, or may transfer money from your account without your permission, you can call us at the number in the contact us section of our website, or write to us at: .

    DO NOT SEND NOTIFICATION OF LOST OR STOLEN USER IDs OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA EMAIL.

  22. Error Resolution Procedures
    This section only applies to the extent "you" refers to the owner of a consumer account from which a payment may be made hereunder. In case of errors or questions about transfers or payments from your accounts with us, telephone us at the number in the contact us section of our website, or write to us at: , Business Online Customer Service, York State Bank 700 N. Lincoln Ave., P.O. Box 39, York, NE 68467. Contact us as soon as you can if you think a statement you receive is wrong, or if you need more information about a transfer or payment listed on your statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.
    1. Tell us your name and account number.
    2. Describe the error, or the transfer or payment you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
    3. Tell us the dollar amount of the suspected error.

    If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  23. Business Days
    For purposes of these Online Business Banking Services Terms, our business days are Monday through Friday, excluding holidays.

  24. Confidentiality
    We will disclose information to third parties about your account or the transfers you make:(i) Where it is necessary for completing transfers, or (ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iii) In order to comply with government agency or court orders, or (iv) If you give us your written permission. Please also see the Digital Rights and Information Section within this Agreement.

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

  26. Business Use and Personal Accounts
    The Online Business Banking Services shall be used for business purposes. Your usage privileges are revocable, nonexclusive, and nontransferable, without the right to sublicense. You may use this web site and the services solely for your internal business purpose in connection with products and services offered by us. We, in our sole and absolute discretion, may permit the enrollment of personal accounts in the Business Banking Website. If you use the Services to access a personal account with us, please note that 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. Provisions of the Transfer, Payment and Bill Payment Terms and Conditions indicating that we are liable for failure to make transfers or payments on time or that we are liable for failure to cancel or discontinue transfers or payments are applicable only to transfers from "consumer accounts" as defined in applicable regulations.

B. MOBILE BANKING APPLICATION SERVICE TERMS

  1. Enrollment
    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 SELECT "ACCEPT" on your Device. Corporate Treasury Services or analysis Customers will require supplemental enrollment procedures in order to be operational.

    BY ENROLLING, YOU CONSENT TO BEING CONTACTED AT THE MOBILE PHONE NUMBER AND EMAIL ADDRESS THAT YOU PROVIDE. THIS INCLUDES BUT IS NOT LIMITED TO CONTACT THROUGH LIVE OPERATORS, TEXT MESSAGES, EMAIL MESSAGES, AUTOMATIC TELEPHONE DIALING SYSTEMS AND ARTIFICIAL OR PRERECORDED VOICE MESSAGES. CONTACT MAY OCCUR TO RESPOND TO YOUR INQUIRIES, TO COLLECT MONEY YOU OWE US AND FOR OTHER CUSTOMER SERVICE PURPOSES. YOU CONSENT TO THESE CALLS AND TEXTS 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.

  2. Eligibility
    You acknowledge that the Mobile Banking Services may change over time and that if you wish to continue to access and receive the Mobile Banking Services, you may be required to download a certain App and updates from time to time. Additional enrollments may be required for some Mobile Banking Services. You must be the authorized user of the Device that you wish to enroll and it must have the functions needed to support Mobile Banking (e.g., it must be web-enabled. The Mobile Banking Services may not be accessible in all geographic locations and may not function with some Devices, wireless carriers and mobile plans. Your wireless carrier's message and data rates may apply. You are solely responsible for charges imposed by your carrier or any third party based on the use of your Device. Not all customers are eligible for the Mobile Banking Services. 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 or address is going to change. You consent to receiving electronic communications from us through your Device and our website.
  3. Your Responsibility Generally
    You agree to use ordinary care in using the Mobile Banking Services. You agree not to share your Device or your user ID, password or other log in credentials with others. You agree to protect your Device against loss, theft or unauthorized use and you agree to follow the security recommendations that we make to you from time to time. You must not leave your Device unattended while logged into the Mobile Banking Services and you must log off immediately at the completion of each session. You agree to notify us immediately if your Device is lost or stolen or if you believe the security of your user ID, password or other log-in credentials has been compromised. You are responsible for protecting your Device against viruses, key loggers, malware and other unwanted functionalities. You 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 Mobile Banking Services and other information we make available. You understand that we may monitor any and all communications and transactions in connection with the Mobile Banking Services. You agree to cooperate with any reviews, audits or investigations that we conduct related to your use of the Mobile Banking Services.

    FAILURE TO PROTECT YOUR DEVICE, USER ID, PASSWORD OR OTHER LOG-IN CREDENTIALS OR FAILURE TO COMPLY WITH THESE TERMS MAY RESULT IN SOMEONE ELSE BEING ABLE TO ACCESS THE MOBILE BANKING SERVICES AND/OR YOUR ACCOUNTS IN YOUR NAME. WE WILL CONSIDER ANY ACCESS AND ANY TRANSACTION USING YOUR USER ID ANDPASSWORD OR OTHER LOG-IN CREDENTIALS AS BEING AUTHORIZED BY YOU. YOU ASSUME, TO THE FULLEST EXTENT ALLOWED BY LAW, ALL RISK OF FRAUDULENT OR UNAUTHORIZED ACCESS AND TRANSACTIONS MADE WITH YOUR USER ID AND PASSWORD OR OTHER LOG-IN CREDENTIALS.

     

  4. Your Responsibility for Losses

    You accept responsibility for the losses we suffer in connection with providing the Mobile Banking Services to you. More specifically, you agree to indemnify, defend and hold us harmless from and against any and all liabilities, claims, losses, costs, damages and expenses (including reasonable attorneys' fees) related to:

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

    You are not required to indemnify us for our willful misconduct. Your responsibility under this paragraph survives any termination of these Services or our relationship.

  5. Additional Terms
    These terms supplement our Online Banking Services Terms of which remain in effect. If you download an App in connection with the Mobile Banking Services, you agree to comply with the terms and conditions applicable to that App in addition to these terms. You have no right, title, or interest in any mobile application that you download or in any intellectual property relating to the mobile application. You agree not to copy, reproduce, reverse engineer, decompile or disassemble any mobile application. You agree not to use any App except to access the Mobile Banking Services. All works of authorship, trademarks, service marks, resources, tools, services, features, business methods and processes and other information and content that you may access through the Mobile Banking Services are subject to the Copyright and Trademark Notices information in the "Terms of Use" section of this Agreement, the same as if they were accessed through our website.

  6. Our Liability
    We will use ordinary care in providing the Mobile Banking Services. We do not guarantee that the Mobile Banking Services will be uninterrupted or error free. We are not responsible for problems with your Device, for interruptions to or problems with your wireless service, 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 MOBILE BANKING SERVICES ARE PROVIDED AS IS AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE MOBILE BANKING SERVICES, 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.

  7. Mobile Remote Deposit
    The mobile remote deposit feature provides a way for you to deposit certain checks into your checking or savings account by using your Device to send us an image of the checks and other information. A remote deposit may not be provisionally credited to your checking or savings account until the next business day if we receive it after 8:00 p.m. Central Time or on a day that is not a business day. Funds from remote deposits will not be available immediately. Remote deposits are not addressed by the Funds Availability Policy that we have previously provided to you. We may nonetheless choose (but are not obligated) to treat them as subject to that policy, including the exceptions and holds referenced in that policy. Funds from remote deposits will not be made available faster than any other type of deposit. We may convert the information and images you submit in a remote deposit into a differently formatted item and may then collect that item in the manner we choose. Even though we may have sent you a confirmation or receipt, if your items are not finally paid or are returned to us for any reason, we may reverse the credit to your checking or savings account. Returned items will be available to you in a format we select.

  8. Mobile Remote Deposit Limitations
    You may not use the remote deposit feature to deposit more than the underwriting limits set for your particular type of account. Your applicable limits will be as indicated or referenced within the Mobile App and are made up of a limit on the number of items and dollar amounts. If we allow you to exceed these limits, your remote deposit will still be subject to these terms and we will not be obligated to allow you to exceed the limits again. These limitations are subject to change at any time without advance notice. We may reject any image that you submit as a remote deposit. We may reject a remote deposit even if we have indicated to you that the image was successfully submitted. We are not responsible for the losses you may suffer because we reject an image or a remote deposit. If we reject any image that you submit as a remote deposit, you may still attempt to deposit the original paper check through other available means.

  9. Proper Use of the Mobile Remote Deposit Feature
    You agree to comply with the instructions and restrictions we provide from time to time (including the instructions provided through the App). For example, to be able to use the Mobile Remote Deposit Feature, users must agree to permit the mobile app access to the device's Global Positioning System (GPS) or related location information in order for the feature to function. You agree not to remote deposit any check that has been previously negotiated or:
    1. any check drawn on an Account that you own;
    2. any check drawn on a financial institution located outside the United States;
    3. any check that is damaged, illegible, altered or incomplete;
    4. any check that is marked "nonnegotiable," that is more than six (6) months old or that is not the original of the check;
    5. any US Treasury check; or
    6. any other check that we designate as ineligible. You are responsible for assuring that:
      1. each check you remote deposit is properly indorsed before you make an image of it (and, after you receive a message that the check has been "successfully submitted," you must write the words "ALREADY DEPOSITED" on the front of your check);
      2. each image you submit is completely legible and that it accurately represents all of the information on the front and back of the original check, including all endorsements;
      3. all information you remote deposit with each check image accurately reflects the original check and the image of the check you send us;
      4. no remote deposit will include any duplicate checks and no remote deposit will include any amount for a check that has already been presented to or deposited with us or any other institution;
      5. no check reflected in a remote deposit with us or any image of such a check will be subsequently transferred to anyone else or presented to or deposited with another institution;
      6. after you make your remote deposit, the original paper checks will be stored securely in a locked drawer, cabinet or container accessible only by you for no less than sixty (60) days and no more than one hundred twenty (120) days and you will make those original checks available to us on request; and
      7. the original checks will be completely and securely destroyed following the above time period, unless doing so would be a violation of law (original checks should not be disposed of in the garbage unless they are shredded first). You may not make or keep any other copies of the checks you remote deposit.

  10. Your Responsibility for Mobile Remote Deposits
    Each time you use the remote deposit feature, you are authorizing us to accept the relevant deposit to your Account and you are representing to us that:
    1. the remote deposit is of a check payable to and endorsed by you and reflects a bona fide payment to you by the drawer of the check;
    2. the check is not being deposited, directly or indirectly, for the benefit of any other person or entity;
    3. you are not aware of any reason that the check will not be paid; and
    4. as to each check reflected in a remote deposit:
      1. you are a person entitled to enforce the check;
      2. the check has not been altered;
      3. the check bears all endorsements applied by parties that previously handled the check in any form (if any); and
      4. no person will be charged for the check, or another paper or electronic representation of the check, such that they will be asked to make payment for a check or item that they have already paid.

    For each check and the item it is converted into, you also accept the same responsibilities and liabilities that you would have had if you had deposited the original check in person. You have all these responsibilities and are subject to these terms with respect to every remote deposit that is made using your user ID and password. You agree to notify us immediately if any original checks are lost or stolen after they are deposited.

  11. Passcode Access
    1. Features. Passcode Access provides you with an expedited mobile banking bypass function to log into your Account. When you enable a Passcode you have access to your Account balances, recent transactions, and other Account information without having to enter your user ID and password.
    2. Passcode Expiration. Passcode/PIN passwords expire yearly. You may reactivate a Passcode/PIN by logging on with your user ID and password. You may change your current Passcode/PIN at any time prior to expiration. In the event that it is necessary for you obtain a new Mobile Banking user ID and password, you will need to log in with your new credentials to reactivate the Passcode/PIN.
    3. Management. The Passcode/PIN is completely managed by you and cannot be updated or reset by our customer service representatives. If you forget your Passcode/PIN you will need to log in with your user id and password to reset your Passcode/PIN.
    4. When creating your Passcode/PIN, you should NOT choose:
      1. A numeric code that represents your date of birth; or
      2. A series of consecutive numbers or the same numbers.
      3. You should never record your Passcode/PIN on your Device. Refer to "PINS and Passwords; Security" in the "Online Banking Services Terms" section for information and requirements regarding keeping Passcodes/PINS secure.
    5. Joint Account Holders. Each joint Account holder must establish a separate Mobile Banking user ID and password.
    6. Passcode/PIN 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.
    7. Passcode/PIN Restrictions. You agree not to: (i) Disclose your Passcode/PIN to any other person that is not contractually bound to your Account; or (ii) allow a non-qualified person to use your Passcode/PIN for the purpose of registering another Device for Passcode.

    We do not guarantee the delivery or the accuracy of any content accessed through Passcode 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 Passcode 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). Passcode is a part of and adheres to all applicable Mobile Banking Services Terms. You accept the risks that are involved each time you enable the Passcode feature. An unintended third party could have access to your Account information without your consent or knowledge. See the "Your Responsibility for Losses" paragraph above as it relates to opting in to the Passcode feature.

C. TERMS OF USE

These Terms of Use are in addition to the Online Business Banking Services Terms. In the event of conflict between these Terms of Use and the Online Business Banking Services Terms, the Online Business Banking Services Terms control.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, 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 THIS WEBSITE. ANY USE OF THE WEBSITE IS AT YOUR SOLE RISK. "WE", "US" AND "OUR" REFER TO .

  1. 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.

  2. Copyright and Trademark Notices
    The works of authorship contained at www.yorkstatebank.com, 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.

  3. Notification of Claimed Infringement
    This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.

    If you believe that any material or content posted on this 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

  4. Limitation on 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.

  5. Information Accuracy
    This information on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. Although we strive for accuracy, some information and resources provided to you using the services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. Information on our Website including without limitation, product descriptions, definitions, explanations of use, 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 website. Nothing on our website is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters. Tools that you may access through our site (such as loan or investment calculators) are provided for your convenience, but are not guaranteed to be error-free.

  6. 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 REPRESENTATIONS 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.

  7. Links to Other Websites
    This Website contains links to other Websites. We are not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website does not imply approval or endorsement of the linked Website by us.

  8. Information Submissions
    All information submitted via this site by a visitor to this Website shall be deemed and remain our property and by sending us such information you: (1) grant us an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (2) agree that we are free to use any ideas, expressions of ideas, concepts, know-how, designs, techniques for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products incorporating such information that you send us. We shall not be subject to any obligations of confidentiality regarding such submitted information except as agreed by our entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing our responsibilities and obligations to customers in accordance with the Digital Rights and Information Section within this Agreement.

  9. Violations of Terms; Indemnity
    We reserve the right to seek all remedies available at law and in equity for violations of these terms, including the right to block access from a particular Internet address to the 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.

  10. Governing Law, Venue
    Unless we otherwise agree in writing, Nebraska law governs these terms and all aspects of our relationship with you. If any part of these terms is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms, our website, the 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 York County, Nebraska, United States and you expressly consent to the personal and exclusive jurisdiction of such courts.

  11. Areas 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.

  12. Waiver
    We will not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

  13. Dispute Resolution
    In the event that you believe we have failed to comply with this Agreement or that you have a claim arising out of the Services, you agree to give us prompt written notice detailing your concerns and designating a representative with authority to conclusively resolve those concerns on your behalf. We will then promptly appoint a representative to work with your designated representative, and both parties will then cooperate in good faith to promptly resolve your concerns. All such disputes and claims must be submitted within thirty (30) days of the time you were in receipt of the information upon which the dispute or claim is based (such as, but not limited to, information contained on your periodic statements). If payment from a consumer account is involved, all such disputes and claims must be submitted within sixty (60) days of the date you were in receipt of the information upon which the dispute or claim is based.

  14. Severability
    If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

  15. Notices
    Notices under this Agreement shall be given as follows:
    1. To Us: To be valid, notices must be sent by email to businessonline@fnni.com and by certified mail, return receipt requested, to , Business Online Customer Service, {5} or to such other address as we may designate from time to time.
    2. To You: Notices to you will be sent by email to the email address provided in your enrollment application.

    Notices to you shall be deemed to have been received twenty-four (24) hours after the email is sent. Notices to us shall be deemed to have been given three (3) days after the date of mailing by certified mail, return receipt requested.

D. Digital Rights and Information

The steps we take to protect your business information are noted below. Please note this does not apply to any consumer accounts you may have with us.

  1. Introduction
    is dedicated to providing your business with quality products and services. As a part of that mission, we recognize that your business information is important. We take steps to protect the business information we collect in connection with providing your business products and services. This Digital Rights and Information Section explains the steps we take to protect your business information, it does not apply to any consumer accounts you may have with us.

  2. Information We Collect
    We may collect information about your business in connection with offering or providing a business product or service to you.

  3. Information We May Share
    We know it is important to protect your business information in today's competitive market. We may share business information when we believe it is necessary or appropriate to do so in order to offer you a product or service, to effect, administer or enforce a transaction you request or to service the accounts, products and services that we make available to you. We may also share information if you have authorized or requested us to do so, if we are legally required or permitted to disclose the information, or if we otherwise determine the disclosures to be appropriate (for example, disclosures to attorneys, accountants, auditors, affiliates, rating agencies, credit bureaus, service providers, loan participants, and others, and disclosures that are necessary or appropriate for security, fraud protection, risk mitigation and other lawful purposes).

  4. Steps We Take To Safeguard Your Information
    We maintain physical, electronic, and procedural safeguards to protect your business information. Our employees are authorized to use business information only for business purposes and are subject to a Code of Ethics that requires them to treat business information as confidential. Please view our Security Statement to see some additional steps we take to protect your business information.