The words “we,” “us,” “our,” and the “Bank” refer to The First National Bank in Sioux Falls and its agents, independent contractors and assignees. The words “you” and “your” refer to visitors and users of this Site. The word “Site” refers to this website, any other Internet website that may be established by the Bank, and any service associated with or that may be accessed directly or indirectly through such websites.
By using the Site, you are entering into a legal agreement with the Bank to abide by the TOU. If you do not wish to be bound by the TOU, please exit the Site now. Your sole remedy for dissatisfaction with the Site, or any service available on the Site, is to stop using the Site or the particular services.
The Bank reserves the right to change the TOU or policies regarding the use of the Site at any time and to notify you by posting an updated version of the TOU on this Site. You are responsible for regularly reviewing the TOU. Continued use of the Site after any such changes shall constitute your consent to such changes.
The Bank may discontinue or make changes in the information, products or services described on the Site at any time. The Bank does not undertake any obligation or responsibility to update or amend any information published or appearing on the Site. The Bank reserves the right to terminate any or all Internet offerings without prior notice to you. Furthermore, by offering information, products or services via this Site, no solicitation is made by the Bank to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.
The works of authorship contained in this Site, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by the Bank. Except as otherwise expressly stated herein, such works of authorship 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 the prior written consent of the Bank, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended. However, you may download or make one copy of the downloadable materials displayed on the Site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the materials are left intact. Modification of the materials contained on the Site or any portion of such materials, or use of the materials for any other purpose, constitutes an infringement of copyrights and other proprietary rights of the Bank.
Disclaimers/Limitation of Liability
Your use of any aspect of the Site is at your own risk, and you agree that you are using the Site in the United States. The Bank will not be liable for (a) any error or omission of the Bank (as defined below); (b) any error, delay, interruption, operational problem, unavailability, or failure in the Site, any Site component, or any directly or indirectly related equipment, system, programming, or network (including the Internet); (c) any breach of security involving the Site or your account, unless the Bank specifically accepts liability elsewhere on the Site; (d) any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site; or (e) any inaccurate, untimely, or otherwise unreliable information resulting from the use of the Site or the materials made available as part of the Site.
You specifically agree that the Bank will not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site, unless the Bank specifically agrees elsewhere to be liable for the aforementioned items.
The Bank makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the site for any purpose. The site is provided “as is” without warranty of any kind. To the fullest extent permitted by applicable laws, the Bank hereby disclaims all warranties and conditions with regard to the site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event will the Bank be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever including, without limitation: damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site; damages relating to the delay or inability to use the site; damages relating to the provision of or failure to provide services, or for any information or services obtained through the site; or damages otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Bank has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the site.
Third Party Sites
The Site includes links to sites on the Internet that are owned or operated by third parties (Third Party Sites). When using such links to access a Third Party Site, you do so at your own risk and should review and determine if you agree to such third party’s rules of use and privacy policies before using the Third Party Site. The Bank has no control over the content of Third Party Sites and does not assume any responsibility for material created or published on Third Party Sites. The Bank makes no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, and the Bank does not warrant that any Third Party Site or the content thereof is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or the content thereof is devoid of viruses or other contamination. Any transaction you conduct using or through a Third Party Site is a transaction entered into solely between you and the Third Party Site. The Bank has no liability whatsoever for activities associated with such transactions. In some instances, the Bank may receive a referral fee in connection with the Third Party Site.
The Bank does not provide, endorse, or guarantee any of the information, recommendations, products or services of any third parties or third party sites, nor does it accept any liability in connection with the security measures employed by such third parties or third party sites.
You agree to indemnify, defend, and hold harmless the Bank, its parents, subsidiaries, affiliates and the respective employees, directors, officers, and agents of each, against any and all claims, demands, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from your breach of these TOU or from your use of, or conduct on, the Site.
You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. The Bank will not be responsible for (a) any adverse consequences whatsoever of your connection to or use of the Internet, (b) any use by you of an Internet connection in violation of any law, rule, or regulation, or (c) any use by you that violates the intellectual property rights of another.
Email may not be secure, so please do not use email to send us communications that contain confidential information such as Account Numbers, Social Security Numbers, Access ID’s or Passwords, or communications that require immediate attention. If you have questions about your existing account with the Bank, please call us instead.
The Site is not targeted to children (people under 13 years of age), nor do we provide services or sell products intended for use or purchase by children. To the extent that any child-related services or products are available on the Site, they are for use or purchase by adults.
These TOU and the relationship between you and the Bank shall be governed by the laws of the State of South Dakota, without regard to its conflict of law provisions, and by any applicable Federal laws or regulations.
These TOU, as well as any written and signed agreements that you may have with the Bank, constitute the entire agreement between you and the Bank with respect to the Site and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third-party software. The failure of the Bank to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these TOU are for convenience only and have no legal or contractual effect.