Terms of Use

Online Banking Terms and Conditions

These Online Banking Terms and Conditions (the “Agreement”) constitute the contract that sets forth both your and our rights and responsibilities concerning the use of our First National Bank North (“Online Banking Service”), which includes any electronic service provided by the Bank that permits you to access financial services or Account information through the use of a personal computer. In this Agreement, the words “you,” and “your” and “yours” mean those who request and use the Online Banking Service, any joint owners of Accounts accessed under this Agreement or any authorized users of this service. The words “we,” “us” “our” and “Bank” mean First National Bank North, Walker, Minnesota. “Transaction” means debits or credits on an Account, including withdrawals, deposits, transfers and purchases, as well as payments made via the Bill Payment Service (defined below). “Account(s)” means any one or more checking accounts, saving accounts, time deposit accounts, installment loans, overdraft protection lines, personal lines of credit, home equity lines, mortgage loans or other accounts you have with Bank that are approved by us for use with the Online Banking Service. By requesting and using the Online Banking Service, you agree to the terms and conditions of this Agreement, and any amendments.

OTHER AGREEMENTS 

The terms and conditions in this Agreement are in addition to any deposit account agreements you have with us, including signature cards, account terms and conditions, schedules, disclosures, and change of terms notices (the “Deposit Agreements”). The terms and conditions in this Agreement are also in addition to any loan or credit agreements you have with us, including documents containing terms and conditions, schedules, and disclosures (the “Loan Agreements”). If you are an eCorp customer, the terms and conditions in this Agreement are also in addition to the eCorp Customer

Agreement you have with us. The Online Banking Service is subject to (i) the terms or instructions appearing on a screen when using the Online Banking Service; (ii) Bank rules, procedures and policies applicable to your Accounts and each Online Banking Service; (iii) the rules and regulations of any funds transfer system used in connection with the Online Banking Service; (iv) and applicable state and federal laws and regulations. If this Agreement conflicts with another agreement applicable to your Accounts or the Online Banking Service, or another agreement has terms that are not addressed in this Agreement, then the other agreement will control and take precedence

unless this Agreement specifically states otherwise. The other agreement will only control with respect to the Account or individual Online Banking Service with which it is associated and only to the extent necessary to resolve the conflict or inconsistency.

ELECTRONIC FUNDS TRANSFER ACT

Some of the Transactions permitted through Online Banking Service may be governed by the Electronic Funds Transfer Act (the “EFTA”), and some of the terms and conditions of this Agreement are disclosures required by the EFTA. Commercial Accounts (defined as Accounts that are not established primarily for personal, family or household purposes) are not covered by the EFTA and therefore certain provisions will not be applied to commercial Accounts.

JOINT ACCOUNTS 

Each holder of a joint Account, acting alone, may perform Transactions, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of or notify any other joint accountholder or you, about the action of the other. However, each of you will only be permitted to access Accounts for which you are an owner, signatory, joint owner or authorized user.

Joint accountholders are jointly and severally liable under this Agreement. Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or Transactions where the person performing the action or Transaction is one of you or is otherwise authorized to access the Account(s) or use the Online Banking Service. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney’s fees) arising from any such claims or actions.

COMMERCIAL ACCOUNTS

We offer eCorp to our Commercial customers. This program enables you to do ACH Batches and Wire Transfers, among many others features. Please contact one of our Customer Service Representative’s for details.

USE OF SERVICE AND LIMITED SUBLICENSE 

We may contract with certain vendors (“Licensors”) who are the sole owners and licensors for certain individual Online Banking Services and who have granted us the right to sublicense these Online Banking Services to our customers. We hereby grant to you a sublicense for use of these Online Banking Services on a computer(s), subject to the terms and conditions set forth in this Agreement. You agree not to sublicense, assign or transfer this license except as expressly provided in this Agreement. You acknowledge and agree that these Online Banking Services and accompanying

documentation are valuable, confidential, and proprietary property and agree not to transfer, distribute, copy, reverse, compile, modify or alter these Online Banking Services or the accompanying documentation. The provisions of this Agreement that protect the proprietary rights of Licensor and Bank will continue in force after termination.

ACCESS/USE OF THE SERVICE 

To use the Online Banking Service, you must have at least one deposit or loan Account at the Bank and access to the Online Banking Service. In general, you will only be permitted to access Accounts for which you are an owner, joint owner or authorized user. We may, however, in our sole discretion, deny Account access or restrict Account Transactions under certain circumstances. The Online Banking Service is accessible seven (7) days a week, twenty-four (24) hours a day through your ISP unless we or they experience technical difficulties. There may be certain times when the Online Banking Service website is unavailable due to system maintenance or circumstances beyond our control. If our website is unavailable, you can generally access your Account(s) through an Automated Teller Machine or at a Bank office during the hours that these services are offered. To sign up for the Online Banking Service, please visit our website at www.fnbnorth.com.

 

TYPES OF SERVICES 

At the present time, the Bank’s Online Banking Service enables you to:

• Perform account inquiries on checking, savings, certificate of deposit and loan Accounts.
• Obtain statement Transaction detail on your checking and savings Accounts.
• Sort and search information by Account, date, amount, check number and Transaction type.
• Transfer funds between your deposit Accounts and make loan payments.
• Obtain product information.
• Send electronic messages (e-mail) to a Customer Service Representative at the Bank.

BILL PAYMENT SERVICE 

You may also separately subscribe to our bill payment service (“Bill Payment Service”). We offer the Bill Payment Service through CheckFree Services Corporation (“CheckFree”). In addition to agreeing to the terms of this Agreement in order to use the Bill Payment Service, you must also agree to CheckFree’s Terms and Conditions, Security and Privacy Policy which will be presented to you when you subscribe to the Bill Payment Service and which are also available on our website.

To subscribe to the Bill Payment Service, you must have at least one checking Account with us. If you subscribe to this service, you may use the service to make payments from a designated checking Account. You cannot, however, use the service to make payments on loan or line of credit Accounts at the Bank. You may not designate an Account for the Bill Payment Service that requires two or more signatures to make withdrawals. This service is free of charge to you.

Payment instructions must include the complete name of the payee, the account number, the payee’s remittance address, the amount of payment, and the date you want the payment debited from the Account.

After you issue a payment instruction, payment will be made by transferring funds electronically from your Account and either electronically crediting payee’s account or by preparing a check made payable to the payee. Payments delivered over an automated clearinghouse (“ACH”) network are governed by the rules and performance standards of that network

You can only pay payees with United States addresses. While most payments can be made using the Bill Payment Service, we reserve the right to refuse to pay certain payees at our sole discretion.

You may use the Bill Payment Service to authorize automatic recurring payments. These payments must be for the same amount each month and will be paid on the same calendar day of each month, or on the following Business Day (defined below) if the regular Payment Date (defined below) falls on a weekend or holiday.

By furnishing the names of your payees/merchants and their addresses, you authorize Bank and its Licensors to follow the payment instructions you provide for those payees/merchants. When payment instructions are received, funds will be remitted from the selected Account, to the appropriate payee on your behalf on the day that you request in accordance with the terms hereof (“Payment Date”).

Payments made through the Bill Payment Service require sufficient time for your payee to receive your payment and credit your account properly. To avoid incurring finance or other charges imposed by your payee, you must schedule a payment sufficiently in advance of the payment due date. There will be a delay between the date your payment begins processing and the Payment Date. Additionally, some payees may not credit your balance with them on the same day they receive payments through the Bill Payment Service. You acknowledge scheduling a Payment Date in advance of the due date helps mitigate risk associated with delayed credits by the payee and agree to schedule such advanced payments where possible.

The Bill Payment Service is intended only for your use as a subscriber for such service. Any attempt to use the Bill Payment Service to process payments for third parties is prohibited and grounds for termination of the Bill Payment Service. Bank may use nonaffiliated third parties acting on our behalf to process payments submitted through the Bill Payment Service.

If there are insufficient funds in your Account to make payments you have authorized, the Bank may either refuse to pay the item or may make the payment and thereby overdraw the Account. In either event, you are responsible for any non-sufficient funds (“NSF”) or overdraft charges we may impose, as stated in the Deposit Agreements. We reserve the right to refuse to honor payment requests that reasonably appear to us to be fraudulent or erroneous.

ACCOUNT BALANCE INFORMATION 

Balances may include deposits subject to verification by us. Balances may differ from your records due to deposits in process, outstanding checks or other withdrawals, payments or charges. We have the right to cancel Transactions if sufficient funds are not available in your Account. If a payment is returned 3 consecutive times, Check Free Bill Pay will freeze your Bill Pay use and future access will be denied. If a hold has been placed on deposits made to an Account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

BUSINESS DAYS/HOURS OF OPERATION

Online Banking Service is generally available twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods or due to an emergency. However, we only process Transactions and update information on Business Days. Our “Business Days” are Monday through Friday, except Bank holidays. Any Transaction, request or instruction made on a day that is not a Business Day will be delayed until the next Business Day.

CUT-OFF TIMES 

Transactions initiated through Online Banking Service before 5:00 p.m. (Central Time) on a Business Day are posted to your Account the same day. Transactions completed after 5:00 p.m. (Central Time) on a Business Day, or at any time on a Saturday, Sunday or Bank holiday, will be posted on the next Business Day. You agree to communicate with any other persons with authorized access to Accounts

concerning any Account Transactions in order to avoid overdrafts.

 

FUNDS TRANSFER/TRANSACTION LIMITATIONS 

Your ability to transfer funds between certain Accounts is limited by federal law, as stated in the Deposit Agreements.

We reserve the right to limit the frequency and dollar amount of Transactions from your Accounts for security reasons and to refuse any Transaction that would draw upon insufficient or unavailable funds.

Each transfer made from a demand deposit Account that triggers a line of credit is treated as a cash advance from that Account and is subject to terms of the Loan Agreements.

We may not immediately receive correspondence sent by you through e-mail. Therefore, you should not rely on e-mail if you need to communicate with us immediately. For example, if you need to report an unauthorized Transaction, you must contact us immediately at 218-547-1160. We will not take actions based on e-mail requests until we actually receive the message and have a reasonable opportunity to act and validation of sender.

Where you have access to funds transfer features of the Online Banking Service, which includes Bill Payment Service transfers, we may consider funds transfer requests received from you or your authorized users, or otherwise in compliance with applicable security procedures, as having been authorized by you, and we shall be held harmless for executing any such funds transfer request.

When using Online Banking Service to pay bills, you agree that we may debit an Account to pay checks that you have not signed. When using Online Banking Service to make transfers from credit Accounts, you agree that we may take any action required to obtain cash advances on your behalf, including charging a linked credit Account at the Bank or at an affiliate, without your signature.

STOP PAYMENT REQUESTS 

You may not use the Online Banking Service to initiate, modify or cancel a stop payment request. All stop payment requests must be initiated via telephone at 218-547-1160 or in person in accordance with the terms of the applicable Deposit Agreement you have with us.

FEES AND CHARGES 

Fees payable by you for access to and use of the Online Banking Service shall be at a rate specified in our fee schedule, which may be amended from time to time. We may change fees upon thirty (30) days prior written notice to you. You authorize us to deduct all applicable fees from any deposit account you have at the Bank. You are responsible for telephone and Internet service fees incurred in connection with using Online Banking Service. You agree that other fees applicable to specific Accounts or services are governed by the applicable Deposit Agreement. If you request a transfer from your line of credit or overdraft Account, such Transactions may be subject to charges under the

terms and conditions of the applicable Loan Agreement.

 

STATEMENTS 

You will receive an Online Banking Service statement via logging into Online Banking and selecting Documents. We can mail or make available via Online Banking Service to your periodic statements for your Accounts with the regularity provided for in the Deposit and Loan Agreements. In addition to reflecting your other Account activity, the statements will include any Transactions authorized using the Online Banking Service. You need to opt into eStatements via Online Banking to discontinue paper statements. Fees may apply for paper statements.

ACCESS ID AND PASSWORD 

For security purposes, we require you to use an Access ID and password to access the Online Banking Service, and we may also require you to use additional security measures from time to time, such as challenge questions. You will be required to change your password upon your initial log-in to the Online Banking Service and agree to change it every 24 months thereafter. Upon three unsuccessful attempts to use your password, you will be prevented from attempting to log into the Online Banking Services; you will be locked out of the Online Banking Service and will need to contact a Customer Service Representative to have your password reset. You are responsible for

safekeeping your password, and you are solely responsible for maintaining, terminating, and granting Account access to others through control of the password. You agree to keep your Access IDs and passwords confidential to prevent unauthorized access to your Accounts and to prevent unauthorized use of Online Banking Service. You are also responsible for any Transactions, including charges or fees, made by another person if you provide Access IDs or passwords to another person, even if that person is not an accountholder, and such Transactions will be deemed to be “authorized transactions” under the EFTA. You hereby agree that the issuance and use of the password as well as any security procedures specified in this Agreement or other Account-related agreements are commercially reasonable and adequate for your purposes.

To help safeguard passwords, you should change passwords frequently. You should create a password that uses at least 8-17 characters, one upper case and one numerical for purposes of security. Your passwords should not be associated with any commonly known personal identification, such as social security numbers, addresses, dates of birth, or names of children. For security purposes, you should memorize passwords and not write them down. If you forget a password, you must contact us to have a new temporary password issued.

SECURITY 

Your role in preventing misuse of your Accounts through the Online Banking Service is extremely important. You agree to promptly review your periodic statement as soon as you receive it. You agree to protect the confidentiality of your Account and Account number, and your personal identification information, such as your driver’s license number and social security number. You understand that personal identification information by itself, or together with information related to your Account, may allow unauthorized access to your Account. Your Access ID and password are intended to provide security against unauthorized entry and access to your Accounts. Do not leave your computer unattended while you are connected to the Online Banking Service, and be sure to log out of the Online Banking Service when finished.

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. We cannot and do not warrant that all data transfers utilizing the Online Banking Service, or email transmitted to and from us, will not be monitored or read by others, and you hereby accept such risks. Although the Online Banking Service operates using a secure connection and encryption, all information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violations of the intellectual property rights of another.

You acknowledge that we will never contact you by e-mail in order to ask for or to verify Account numbers, security-related items, confidential information or other sensitive information. In the event you receive an e-mail or other electronic communication that you believe, or have reason to believe, is fraudulent, you agree that you will not respond to the e-mail or otherwise comply with any instructions in the e-mail. You agree that except as otherwise provided in this Agreement or under applicable law, we are not responsible for any losses, injuries or harm incurred by you as a result of any electronic, e-mail or Internet fraud.

BANK’S LIABILITY FOR FAILURE TO MAKE TRANSFERS 

If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you and the data you entered, we will be liable for your actual losses or damages subject to the limitations described in this Agreement. However, Bank will not be liable if, through no fault of ours:

• You do not have sufficient funds in your Account to complete a Transaction.
• The funds in your Account are subject to an administrative hold, dispute, garnishment, legal process or other claim or encumbrance restricting such Transaction.
• Any of your Accounts has been closed.
• The Transaction would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts, or if the Transaction exceeds the balance in your savings Account that has been linked to your checking Account for overdraft protection.
• You have not given us complete, correct, and current instructions so that we can complete a Transaction.
• You have not properly followed applicable computer or Online Banking Service instructions on how to originate a Transaction.
• You do not authorize a payment via the Bill Payment Service soon enough for payment to be made and properly credited by the payee by the time it is due.
• We make a timely payment via the Bill Payment Service but the payee nevertheless does not credit payment promptly after receipt.
• Your computer fails or malfunctions or the Online Banking Service was not working properly and such a problem was or should have been apparent when you attempted the Transaction.
• You have not followed applicable security procedures.
• Your negligence in sharing or handling of Access IDs or passwords results in unauthorized Account Transactions.
• Circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the Transaction.
• The error was caused by a system beyond Bank’s control, such as your ISP.

There may be other exceptions to our liability as stated in the Deposit Agreements and Loan Agreements and as otherwise established by the Bank from time to time.

Further, we will not be obligated to honor, in whole or in part, any Transaction or instruction which:

• Exceeds any of the following:

1. The amount of collected or available funds you have on deposit with the Bank;
2. Funds available in the Account upon which any funds are directed to be withdrawn;

iii. Any limitations on the number of transfers to or from the Account, as set forth in the Deposit Agreement; or

1. Any maximum daily dollar amount designated by the Bank.

• Is in default or otherwise not in accordance with applicable Deposit or Loan Agreements or our applicable policies.
• We have reason to believe may not be authorized by you, your authorized users or any other person whose authorization we believe is necessary.
• Involves funds or other property subject to a hold, dispute, restriction or legal process we believe prevents the Transaction or instruction.
• Would violate any applicable provision of any risk control program of the Board of Governors of the Federal Reserve System or any other applicable rule or regulation.
• We have other reasonable cause not to honor for our or your protection.

The Bank shall have no liability for any Transaction that is dishonored for the reasons given above, and you agree to reimburse the Bank for all costs, including attorney’s fees and costs, which are incurred as a result of the Bank’s action.

NOTICE OF YOUR RIGHTS AND LIABILITIES FOR UNAUTHORIZED ACCESS 

Use of the Online Banking Service requires a password. You agree to keep your password secret and to notify us immediately if your password is lost or stolen or if you believe someone else has discovered your password. We may accept as authentic, any instructions given to us through the use of your password. Therefore, you agree that if you give your password or allow it to be given to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Online Banking Service. The Online Banking Service enables you to change your password and we require that you do so regularly.

You are responsible for all Transactions you authorized under this Agreement. The Bank undertakes no obligation to monitor Transactions made through the Online Banking Service using valid passwords to determine that they are made on your behalf.

Tell us AT ONCE if you believe your password has been lost or stolen, used without your authorization, or compromised in any way, or if someone has transferred or may transfer money from your Accounts without your permission. Telephoning us at 218-547-1160 during normal business hours is the best way of preventing possible losses. Such notification must include all customer names and Account numbers that were accessed, method of access (if known), notifications to law enforcement agencies, estimated damage, actions taken since the breach was detected and planned future actions.

If you suspect your password has been compromised, change your password immediately. The Bank may suspend or terminate your Online Banking Service access if we believe your password has been compromised.

You could lose all the money in your Account (plus your maximum overdraft line of credit, if any). If you are a non-commercial Account customer and you tell us within two (2) Business Days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone uses your password without your permission. If you are a non-commercial Account customer and you do not tell us within two (2) Business Days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your Accounts without your permission if you had

told us, you could lose as much as $500.

Also, if your statement shows transfers 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 stopped 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 period.

CONFIDENTIALITY 

The Bank may disclose information to third parties about your Accounts. We have entered into an agreement to have another party provide the Online Banking Service. We will provide this party with information about your Accounts, Transactions, and e-mail messages. We will disclose information to third parties about your Accounts or the Transactions you make: (a) where it is necessary to complete Transactions; (b) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (c) in order to comply with government agency or court orders; (d) if you give us your written permission; or (e) as otherwise provided by law. To protect your

privacy, any information received by or processed through an electronic terminal shall be treated and used only in accordance with applicable law. This section does not limit, alter or amend the Bank’s information handling practices and Privacy Policy. Please review the Bank’s Privacy Policy for further details.

DATA RECORDING 

When you use the Online Banking Service to conduct Transactions, the information and e-mail messages you enter may be recorded. By using Online Banking Service, you consent to such recording.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUND TRANSFERS

If you think your statement is wrong, or if you need more information about a Transaction listed on the statement,

Telephone us at: 218-547-1160  Or write to us at: First National Bank North

P.O. Box 520

Walker, MN 56484

ADDITIONAL ERROR RESOLUTION PROCEDURES 

(For non-commercial Accounts)

We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

• Tell us your name and Account number.
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
• 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) Business 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 credit your Account within ten (10) Business Days for the amount you think is in error, so that you will 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 questions in writing and we do not receive it within ten (10) Business Days, we may not credit your Account. 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.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE ONLINE BANKING SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE

ONLINE BANKING SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL ONLINE BANKING SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF

ANY SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE ONLINE BANKING SERVICE, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY.

The Bank will be responsible for acting only on those instructions sent through the Online Banking Service which are actually received and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. The Bank is not responsible for any losses or delays in transmission of instructions arising out of the use of any ISP or caused by any browser software. Any information you receive from the Bank can only be provided on a best-efforts basis for your convenience and is not guaranteed. The Bank is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information.

YOU AGREE THAT, EXCEPT AS REQUIRED BY LAW OR AS OTHERWISE SPECIFICALLY PROVIDED UNDER THIS AGREEMENT, (I) NEITHER THE BANK NOR ANY PERSON OR COMPANY ASSOCIATED WITH THE BANK SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR WEBSITE, THE PRODUCTS OR SERVICES PROVIDED ON OUR WEBSITE, OR THE MATERIALS ON OUR WEBSITE; AND (II) THE BANK WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO THE BANK’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENTOR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR

DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF THE BANK. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL PROVIDERS MENTIONED ON OUR WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.EXCEPT AS OTHERWISE REQUIRED BY LAW OR PROVIDED IN THIS AGREEMENT, THE TOTAL LIABILITY OF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PROVIDERS, IF ANY, FOR LOSSES OR DAMAGES RESULTING FROM USE OF OUR WEBSITE OR MATERIALS SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF OUR WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION 

If you use or misuse the Online Banking Service or our website in a way that causes a lawsuit or other claim of injury against the Bank, you have certain responsibilities. You agree to defend, indemnify and hold the Bank harmless from and against any claims, actions or demands, liabilities and settlements. This indemnification also covers the Bank’s officers, directors, employees, agents, and suppliers. Your indemnification includes, without limitation, the costs of reasonable legal and accounting fees.

USE OF MATERIALS ON OUR WEBSITE 

The materials on our website belong to the Bank. There are some important rules about copying these materials. You may download or print one copy of the materials on our website, but only for your personal, noncommercial use. When you download or print a copy of the materials on our website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. The materials on our website are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by this Agreement, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with us or with the authors of the materials contained on our website. All rights not expressly granted are reserved.

THIRD PARTY SOFTWARE – VIRUS PROTECTION 

You are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative and technical security of data and systems in your possession or under your control. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of a third party software that may be used in conjunction with our website or the Online Banking Service. Bank is not responsible for any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any computer viruses or any related problems that may be associated with the use of any online services, including without limitation, the Services. Any material downloaded or otherwise obtained in connection with the Services is obtained at your own discretion and risk, and Bank is not responsible for any damage to your computer or operating

systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. You are solely responsible for maintaining and applying anti-virus software, security patches, firewalls and other security measures with respect to your computer and operating systems, and for protecting, securing and backing up any data and information stored in or on your computer or operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your computer or operating systems or accessed through an Internet connection.

We encourage our customers to routinely scan their computers using a reliable virus product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

LINKS TO OTHER SITES 

Our website may contain links to websites not operated by the Bank. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. We do not control, guarantee, endorse or have any responsibility for the content, recommendations, products or services provided by the linked sites. We are not responsible for the performance of those sites or for your business dealings with them. We are not liable for any failure of products and services advertised on those sites. Your use of other websites is subject to the terms of use of those sites, including the privacy policies of those sites. Further, any of the linked websites may provide less security than the Bank’s website.

ADVERTISING 

Our website may include advertisements for products or services offered by other companies. The Bank may receive payment from these advertisers. We do not allow advertisers to have any influence on the information we provide. Although we believe you may find that information offered by advertisers is helpful, the Bank does not endorse or guaranty any product or service offered by advertisers. Our website includes promotional material about the Bank’s products and services.

YOUR FEEDBACK, COMMENTS AND IDEAS 

While the Bank is pleased to receive feedback, comments and ideas from visitors to its website, we want you to understand that any information that you submit through the website will be considered non-personal, non-confidential, and non-proprietary (other than personal financial information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through our website, you hereby grant the Bank an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them, and agree that the Bank is free to use them for any purpose.

SURVIVAL 

The obligations of the parties and the provisions of this Agreement which, by their nature, would continue beyond termination or expiration of this Agreement shall survive such termination or expiration.

SEVERABILITY 

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable.

JURISDICTION AND VENUE 

You agree that the only proper jurisdiction and venue for any dispute with the Bank, or in any way relating to your use of Online Banking Service, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Bank or its affiliates, employees, officers, directors, agents, and providers.

This Agreement is governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.

WAIVER 

Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and signed by an authorized officer of the Bank, and shall not constitute a waiver of any other or subsequent default or breach.

ASSIGNMENT 

The Bank may assign its rights and delegate its duties under this Agreement to a company affiliated with the Bank or to any other party. You may not assign any of your rights or duties under this Agreement at any time.

ENTIRE AGREEMENT 

Except as set forth in the OTHER AGREEMENTS section above, this Agreement, together with the Enrollment Form and Schedule of Fees and Charges, is the entire agreement between you and the Bank regarding your use of the Online Banking Service, and it supersedes any prior discussions and agreements between you and the Bank regarding your use of the Online Banking Service, and supersedes any marketing or other similar material pertaining to the Online Banking Service delivered to you in writing, verbally or obtained at any Bank site or the site of any ISP.

CHANGE IN TERMS 

We may amend this Agreement at any time. We may also change the Online Banking Service, including fees, at any time. If we change any term(s) or condition(s) that would result in a greater cost or liability to you or decrease access to your Accounts, we will notify you at least thirty (30) days in advance. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you on the Account records, sent to the e-mail address which you authorized to receive such notices and/or disclosures or by posting the required notice on our website. You understand that by using the Online Banking Service after you have been notified of the change, and after the change becomes effective, you are agreeing to the change.

We do not need to provide you with any prior notice where an immediate change in the terms or conditions of the Agreement is necessary to maintain or restore the security of our system or an account. However, in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you if practicable, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account.

You agree that changes to fees applicable to specific Accounts are governed by the applicable Deposit Agreements, Loan Agreements, schedules and disclosures.

TERMINATION 

You or the Bank may terminate this Agreement and your Online Banking Service subscription at any time upon giving notice of the termination to the other party. If you terminate Online Banking Service, you authorize the Bank to continue to process Transactions you have previously authorized and continue to charge any applicable Fees until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further Transactions, including Transactions you previously authorized.

If we terminate your use of Online Banking Service, we reserve the right to make no further Transactions, including any Transactions you have previously authorized.

If the Online Banking Service is terminated by either party, we are not liable for any losses related to payments not made as a result of termination, for example, re-occurring payments that are not made. If you do not login or use your Online Banking within three months you will be terminated and will have to re-enroll to Online Banking. You may cancel your Online Banking Service at any time by providing a written notice via postal mail to:

First National Bank North

P.O. Box 520

Walker, MN 56484

Attention: Online Banking Manager

COMMUNICATION 

Unless this Agreement provides otherwise, you can communicate with us in any one of

the following ways:

• E-Mail
• Telephone
• Facsimile
• Postal Mail

Electronic messages sent and received via the “Contact Us” option in Online Banking Service (i.e., once your Access ID and password have been accepted by us and your browser shows that a secure connection has been established) are sent over a secure line. Communications sent over the public Internet are not necessarily secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential Account information unless you are using the “Contact Us” option. You agree that we may take a reasonable time to act on any e-mail. Correspondence that requires expeditious handling – for example, if you need to report an unauthorized Transaction from one of your Accounts, or if you need to immediately stop payment on a check you have issued, should be made by calling the Bank. You agree that the Bank may send you electronic messages about other products or services we offer.

HEADINGS 

The headings in this Agreement are for reference only and will not govern the interpretation of its provisions.

RETENTION

This Agreement should be printed and retained for future reference.

CONSENT TO ELECTRONIC DELIVERY OF NOTICES 

You agree that any notice or other type of communication provided pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Online Banking Service website or by e-mail. You agree to notify us immediately of any change in your e-mail address.

THE FIRST TIME YOU LOG IN TO THE ONLINE BANKING SERVICE YOU WILL BE ASKED TO REVIEW THE TERMS AND CONDITIONS BEFORE YOU CAN PROCEED. IF YOU WISH TO PROCEED, PLEASE CLICK “ACCEPT” TO INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, AND THAT YOU INTEND TO CREATE A VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK.

See First National Bank North (FNBN) Service Fee Schedule – for all other Bank fees.

Electronic Statement Terms and Conditions

Welcome to FIRST NATIONAL BANK NORTH’s Online Statements! Our goal is to provide you with a free, convenient and environmentally friendly electronic version of your bank statements and other documents, disclosures and communications. We first need your consent to begin sending your Periodic Account Statements and other documents, disclosures and communications to you electronically. Please read the information below and click on the Accept Button if you agree to the terms and conditions set forth below to begin receiving your online statements! You will need to enter the 4-digit code found on the last page to confirm that you are able to view and read PDF files, which are used for electronic statements.

FIRST NATIONAL BANK NORTH (the Bank) is required by law to provide to you certain written periodic statements, notices, and other communications. Described below are the terms and conditions for receiving those communications electronically from the Bank, as required by the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”).

Consent to Electronic Delivery of Statements and Other Communications

Definitions. As used in this Agreement, the words “we”, “our”, “us”, and “Bank” mean FIRST NATIONAL BANK NORTH. “You” and “your” mean the account owner(s), or your designated agent, authorized to receive certain disclosures, statements and notices in electronic form under this Agreement. “Account” or “accounts” mean your deposit or loan accounts at the Bank. “Business days” means Monday through Friday, excluding Federal holidays.

By accepting the terms and conditions you are consenting to receive the following communications electronically: statements, disclosures, notices, agreements, changes to terms and conditions, fee schedules, and other information we may need to provide to you with. By consenting to enroll in electronic delivery of statements, you are agreeing to electronically receive all of the types of communications that FIRST NATIONAL BANK NORTH is able to provide in an electronic format. The types of documents available electronically are subject to change, and if additional communications become available in electronic format, you agree to receive those communications electronically. Your consent remains in effect until you give us notice that you are withdrawing it. You also agree that FIRST NATIONAL BANK NORTH does not need to provide you with an additional paper (non-electronic) copy of the communications disclosed herein, unless you specifically request a copy be sent to you by calling us at 218-547-1160.

Eligibility for eStatements

You must be enrolled in our online banking product in order to sign up for and view eStatements. All account types for which the bank generates periodic statements are eligible for eStatements. Some products offered by the Bank may require eStatements. Please refer to FIRST NATIONAL BANK NORTH Account Terms and Conditions and the applicable fee schedule for any fees related to receiving paper copies of statements.

Joint Accounts

If your account(s) is owned jointly any/all owners or designated agents may consent to receive electronic statements and disclosures. That person’s election to access eStatements shall apply to any/all owners or designated agents. Upon successful enrollment into Electronic Delivery of Statements and Notice Services, FIRST NATIONAL BANK NORTH will automatically turn off the paper statement, printed images of checks, and notices for the authorized primary account.

Accessing eStatements

You will receive an email notification each month that your eStatement is available for viewing/printing. EStatements are accessible on the bank’s website by logging into your online banking accounts, using your unique ID and password. You will need to ensure your computer meets the minimum software/hardware system requirements in order to view, print, and/or save your eStatements:

• Internet access
• An internet browser that supports 128-bit encryption
• Adobe Acrobat Reader 6.0 or higher

Your eStatements and notices will be available to you online for 24 months. We suggest you save a copy or print copies for future reference. You will continue to have the option to request historical paper statements, for which fees may apply; please refer to the applicable fee schedule for details. If you wish to receive a paper copy of a disclosure or other information presented to you electronically you can contact us by phone at 218-547-1160 or by writing to us at: FIRST NATIONAL BANK NORTH, Attention: Customer Service, P.O. Box 520, Walker, MN 56484.

Duty to Review Periodic Statements

You must promptly access/review your eStatement and any accompanying items and notify us in writing immediately of any error, unauthorized transaction, or any other irregularity. If you allow someone else to access your eStatement, you are still fully responsible to review the eStatement for any errors, unauthorized transactions or any other irregularities. Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the eStatement email notification date regardless of when you access and/or review your eStatement. If you do not immediately report to FIRST NATIONAL BANK NORTH any non-receipt of eStatements or any error, irregularity, discrepancies, claims or unauthorized debits or items, you shall be deemed conclusively to have accepted all matters contained the eStatements to be true, accurate and correct in all respects.  Please refer to FIRST NATIONAL BANK NORTH Account Terms and Conditions that address Statement Error Reporting timeframes.

Email Address Maintenance

You understand and agree that it is your responsibility to notify us if you change your email address. You may update your email address by going to the Profile tab in online banking, clicking Edit next to Email, and making changes to your information. If your electronic mail is returned as undeliverable, we will provide your statements in a paper format via regular mail beginning the next subsequent statement cycle. Please refer to the applicable fee schedule for additional fees that may apply. Please note that you must provide an email address to enroll in eStatements.

Changes and/or Termination

The Bank reserves the right to change the terms and conditions of this agreement (including fee schedule) at any time, which includes the addition and deletion of Electronic Delivery of Statements and Notice Services. We shall update this agreement on our website and may notify you of such changes by mail or electronic message to your most recent address listed on our records. The notice will be posted or sent at least thirty (30) days in advance of the effective date of any additional fees or of any stricter limits on the type, amount, frequency of transactions, or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system.  If such a change is made and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. By using the Electronic Delivery of Statements and Notice Services when the changes become effective, you agree to be bound by the revised terms and conditions contained in this agreement or you can decline the changes by discontinuing the use of the Online Banking Services and notifying us of your election by email or regular mail.  The Bank reserves its right to terminate this Electronic Statement Disclosure Agreement and your access to the Electronic Delivery of Statements and Notices Services, in whole or in part, at any time, including but not limited to when customers have not logged in to use Online Banking for over 180 days.

You’re Right to Withdraw Consent

You have the right to withdraw your consent to have your statements and notices provided in an electronic form by contacting the bank.

Disclaimer of Warranty and Limitations of Liability

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the eStatements provided to you under this Agreement. We do not and cannot warrant that the eStatement Online Banking Services will operate without error, or that the eStatement Online Banking Services will be available at all times. Except as specifically provided in the Agreement, or otherwise required by Law, you agree that our officers, directors, employees, agents, or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any Online Banking Services or products provided under this Agreement or by reason of your use of the eStatements Online Banking Services, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.   FIRST NATIONAL BANK NORTH makes no warranty that:

• The Online Banking Services will be uninterrupted, timely, secure or error-free
• The Online Banking Services will meet your requirements
• The results that may be obtained from the use of the Online Banking Services will be accurate or reliable
• The quality of any products, Online Banking Services, information or other material purchased or obtained by you through this Online Banking Service, will meet your expectations.
• Any errors in the software will be corrected

The Bank shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

• The use or the inability to use the Online Banking Services
• Unauthorized access to your transmission
• Unauthorized alteration of your data
• Statements or conduct of the third-party Online Banking Services provider
• Any other matter relating to the Online Banking Services

Our Right to Terminate

You agree that we can terminate the Electronic Delivery of Statements and Notices and revert back to printed statements and notices for any reason at any time.

Account Closing

You understand and agree that it is your responsibility to save or print all eStatements for any account that you intend to close. Access to our online banking product will terminate immediately upon account closing.

Mobile Banking Terms and Conditions

Terms and Conditions: First National Bank Thank you for using First National Bank Mobile Banking combined with your handheld’s text messaging capabilities. Message & Data rates may apply. For help, text “HELP” to 96924. To cancel, text “STOP” to 96924 at anytime. In case of questions please contact customer service at 218-547-1160 or visit https://www.fnbnorth.com/.

First National Bank Privacy Policy Terms and Conditions · Program: First National Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over SMS, as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Message & Data rates may apply. Customers will be allowed to opt out of this program at any time.

Questions: You can contact us at 218-547-1160, or send a text message with the word “HELP” to this number: 96924. We can answer any questions you have about the program.

To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says “STOP” to this number: 96924. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

Terms & Conditions: By participating in Mobile Banking, you are agreeing to the terms and conditions presented here.

Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS. Mobile Banking and any software you may obtain from Mobile Banking (“Software”) may not be available at any time for any reason outside of the reasonable control of First National Bank or any service provider.

Privacy and User Information. You acknowledge that in connection with your use of Mobile Banking, First National Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files, data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively “User Information”). First National Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. First National Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use. You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by First National Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of First National Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose First National Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

Use of Google Maps: You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or other URLs as may be updated by Google. Card Controls Additional Terms.

The following supplemental Terms of Use (“Supplement”) applies to the card controls feature (“Card Controls”) within the Mobile Banking mobile application (“Mobile Banking App”), notwithstanding anything in the Agreement to the contrary. The Supplement only applies to Card Controls. If Card Controls are not available to you, then this Supplement does not apply. To the extent there is any conflict between the terms of the Agreement and this Supplement with respect to Card Controls, then the terms in this Supplement shall apply.

1. The Card Controls feature is only available for debit cards issued by First National Bank that you register within the Mobile Banking App.
2. The Card Controls alerts and controls you set through use of the Mobile Banking App may continue to apply, even if you delete the Mobile Banking App or remove it from your mobile device. Please contact First National Bank to discontinue the alerts and controls.
3. Certain Card Control functionality within the Mobile Banking App may not be available for all transactions. Controls and alerts based on the location of the mobile device where the Mobile Banking App is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address.
4. Card Controls may enable access to First National Bank and third parties’ services and web sites, including GPS locator websites, such as Google’s. Use of such services may require Internet access and that you accept additional terms and conditions applicable thereto.
5. To the extent this Mobile Banking App allows you to access third party services, First National Bank, and those third parties, as applicable, reserve the right to change, suspend, remove, or disable access to any of those services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such services. We may also impose limits on the use of or access to certain services, in any case and without notice or liabiliy.
6. 6. THE MOBILE BANKING APP, THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF THE MOBILE BANKING APP OR THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED BY STATE LAW.
7. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE MOBILE BANKING APP AND THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES THAT IS CAUSED BY OR ARISES OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE MOBILE BANKING APP, OR THE SERVICES, OR THE WEBSITES THROUGH WHICH THE MOBILE BANKING APP OR THE SERVICE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR LICENSORS OR CONTRACTORS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM, ARISING FROM OR RELATED TO THE MOBILE BANKING APP, THE SERVICES OR THE WEBSITE THROUGH WHICH THE APP OR THE SERVICES IS OFFERED, THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND LICENSORS AND CONTRACTORS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

First National Bank North Privacy Policy Privacy and User Information – Data Analytics. You acknowledge that in connection with your use of Mobile Banking, First National Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software. First National Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. Biometric Login for Mobile Banking. Biometric login is an optional biometric sign-in method for First National Bank Mobile Banking that may be available for certain mobile devices that have a built-in biometric scanner. To use biometric login, you will need to first save your fingerprint/facial feature scan on your mobile device (for more help with biometric scanning, contact the manufacturer that supports your mobile device). Biometrics are stored on your device only and First National Bank never sees or stores your biometric information. You acknowledge that by enabling biometric login, you will allow anyone who has biometric information stored on your device access to your personal and payment account information within First National Bank Mobile Banking. First National Bank reserves the right to suspend or disable this feature at any time. Biometric login can only be associated with one Mobile Banking username at a time on a device. If your device doesn’t recognize your biometric information, you can sign in using your standard login credentials (e.g., password). To use biometric login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable biometric login anytime within First National Bank Mobile Banking.

Card Management Additional Terms The card management feature is offered by FIRST NATIONAL BANK NORTH (referred to herein as “Card Control”, “us”, “we” or “our”) for use by FIRST NATIONAL BANK NORTH cardholders.

My Card

FIRST NATIONAL BANK NORTH ’s card management feature is intended to allow You to initiate certain payment card related activities for Your enrolled FIRST NATIONAL BANK NORTH card(s) via the card management feature. Those activities may include the ability to but not limited to:

• Register the card
• Activate and deactivate the card
• Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (“Controls”)
• Set alert preferences for card usage including location, transaction, and merchant types, spend limits, and declined purchases (“Alerts”)
• View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information)
• Report Your card as lost or stolen
• Review Your spending by merchant type and/or by month
• View a list of merchants storing Your card information for recurring or card-on-file payments

The card management feature may enable access to FIRST NATIONAL BANK NORTH and third parties’ services and web sites, including GPS locator websites, such as Google. Use of such services may require internet access and that You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at http://maps.google.com/help/terms_maps. Html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google. To the extent the card management feature allows You to access third party services, FIRST NATIONAL BANK NORTH and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to You. You agree to allow us to communicate with You via push notification, SMS and/or email, with respect to the activities performed via the card management feature. Data fees may be imposed by Your mobile provider for the transmission and receipt of messages and Alerts.

FIRST NATIONAL BANK NORTH reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in FIRST NATIONAL BANK NORTH ’s card management feature.

Availability/Interruption 

You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to Your mobile device (“Notification”) is dependent on a number of factors including, without limitation, Your wireless service and coverage within the area in which You are located at that time.

You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to Your mobile device in all areas. If You registered to receive Notifications to Your mobile device, the card management feature is available when You have Your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card management feature is subject to transmission limitations and service interruptions. FIRST NATIONAL BANK NORTH does not guarantee that the card management feature (or any portion thereof) will be available at all times or in all areas.

You acknowledge and agree that certain functionality with the card management feature may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address.

You acknowledge and agree that neither FIRST NATIONAL BANK NORTH nor its third-party services providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption or delays due to conditions outside of its control.

You acknowledge that neither FIRST NATIONAL BANK NORTH nor its third-party service providers shall be liable to You if You are unable to receive Notifications on Your mobile device in Your intended area.

FIRST NATIONAL BANK NORTH, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.

Mobile Check Deposit Terms and Conditions:

1. To access the Mobile Check Deposit you must have or acquire and maintain a compatible Device and a wireless plan from a compatible wireless carrier.  You must have accepted First National Bank North Online Banking terms and conditions, be a customer who has the Mobile Banking application installed on your Device and apply for Mobile Check Deposit.

500. You may scan and submit Images for deposit to First National Bank North subject to the following dollar limits established for you by Financial Institution, which dollar limits Financial Institution, in its sole discretion, may adjust up or down from time to time without prior notice to you.  Each Image deposit is limited to one check, with an individual check limit of $2,500.  The aggregate daily Image deposit limit is also $2,500.  First National Bank North may, at its sole discretion, accept or refuse any Image deposit, whether or not such deposits exceed the applicable dollar limits.  If at any time First National Bank North accepts an Image deposit that exceeds your deposit limits such deposit will remain subject to the terms of these Supplemental Terms and Conditions, and First National Bank North will have no obligation to accept deposits exceeding applicable deposit limits in the future.  First National Bank North reserves the right to disable your access to the Mobile Check Deposit service.  The following account types are currently eligible for the Mobile Check Deposit service:  checking and savings accounts.

1. Your scanning and submitting Image deposits alone does not constitute receipt of the deposit by Financial Institution.  You should view the deposit history on your mobile application to view the status of your deposit.  Generally, Image deposits received prior to 5:00 p.m., Central Time are processed on the business day of receipt.  Any Image deposit received after this time or on Saturdays, Sundays, and holidays when First National Bank North is closed will be processed on Financial Institution’s next business day.  Acknowledgment that your Image deposit has been received by First National Bank North does not mean that the Image deposit has been accepted.  Once accepted, the deposit will be processed through the normal banking channels and you must check your account history to confirm the check has posted to your Account.  If there is a problem with the deposit during processing, the customer will be notified of the issue.

1. You agree that you will use the Mobile Check Deposit to scan only Original Checks payable to and properly endorsed by you, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. Dollars, and intended for deposit by you to your designated Account with Financial Institution.  All other items may be deposited by alternate methods such as in person or by mail.  You also agree that you will not use Mobile Check Deposit to deposit:

• Checks payable to any person or entity other than you (i.e., payable to another party and then endorsed to you).
• Checks payable to you and another party who is not a joint owner on the account.
• Checks that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.

1. Each Image must provide all information on the front and back of the Original Check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the Original Check, magnetic ink character recognition (“MICR”) information, signature(s), any required identification written on the front of the Original Check and any endorsements applied to the back of the Original Check.  The Image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.  Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space.  Your endorsement must include your signature and “mobile deposit only”.  Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.

1. A check payable to two payees must be endorsed by both payees.  If the check is payable to you or your joint owner, either of you can endorse it.  If the check is made payable to you and your joint owner, both of you must endorse the check, and you agree to obtain such endorsements prior to submitting the Original Check through the Mobile Check Deposit Capture service.

1. You represent that you are an authorized user of the Device you will use to access the Mobile Remote Deposit Capture service.  You also understand that First National Bank North is not obligated to accept for deposit any Image, including, without limitation, any Image that First National Bank North in its sole discretion determines to be ineligible for the Mobile Check Deposit Capture service.  Ineligible items include but are not limited to:  (i) Images of items drawn on banks located outside the United States, (ii) Images that are illegible, (iii) Images of checks previously converted to Substitute Checks (as defined by Check 21), and (iv) Images with unreadable MICR information.  You acknowledge and agree that even if First National Bank North does not identify an Image as ineligible, the Image may be returned to First National Bank North because, among other reasons, the Image or any Substitute Check created from the Image is deemed ineligible by the First National Bank North upon which it is drawn or any intermediate collecting financial institution.  Financial Institution’s failure to identify an Image you transmit to First National Bank North as ineligible shall not preclude or limit your obligations.

1. You agree to keep confidential all account and other personal information obtained from Original Checks processed through the Mobile Check Deposit Capture service.  After you receive confirmation that First National Bank North has received an Image, you must securely store the Original Check for forty five (45) days after transmission to First National Bank North and make the Original Check accessible to First National Bank North at our request.  Upon Financial Institution’s request from time to time, you will deliver to First National Bank North within ten (10) days, at your expense, the requested Original Check in your possession.  If not provided in a timely manner, such amount may be reversed from your Account.  You shall fully destroy each Original Check forty five (45) days following Financial Institution’s confirmation of receipt of the Image and crediting of your Image deposit or as First National Bank North may otherwise instruct.  You understand each Original Check must be fully destroyed following any applicable retention period by first marking such Original Check “VOID” and then using a cross cut paper shredder or another commercially reasonable means of destruction.  You are responsible if an Original Check is misused following submission by Image deposit, including, but not limited to, situations where anyone is asked to make a payment based on an Original Check that has already been paid.

1. You make the following warranties and representations to First National Bank North with respect to each Image:

• Each Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the check has no defense against payment of the check.
• The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate.
• You will not deposit or otherwise endorse to a third party the Original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check such that the person will be asked to make payment based on an item that has already been paid.
• There are no other duplicate Images of the Original Check.
• The Original Check was authorized by the drawer in the amount stated on the Original Check and to the payee(s) stated on the Original Check.
• You are authorized to enforce and obtain payment of the Original Check.
• You shall destroy the Original Checks as required by these Supplemental Terms and Conditions.
• You have possession of the Original Check and no party will submit the Original Check for payment.

Additionally, with respect to each Image, you make to us all representations and warranties that First National Bank North makes or is deemed to make to any party pursuant to law, regulation or clearinghouse rule.  You agree that files and Images transmitted to First National Bank North will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

1. You shall not make the Mobile Check Deposit available or transfer your rights to use the Mobile Check Deposit for the benefit of any third party.

1. You maintain with First National Bank North at least one Account for the purpose of providing available funds and for deposit of received funds in connection with the use of the Mobile Check Deposit Capture service.  You agree to maintain sufficient available funds in the Account(s) to cover all returned and rejected items and any fees you are obligated to pay hereunder.  If at any time there are not sufficient collected funds in the Account(s) to cover your payment obligations hereunder, you agree to immediately pay Financial Institution, on demand, the amount of any deficiency and we may, without prior notice or demand, obtain payment from you for any of your obligations hereunder by debiting any of your accounts with Financial Institution.

You are solely responsible for the quality, completeness, accuracy, validity and integrity of the Image.  You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible Images to us or if the Mobile Check Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable Images to us.

If you believe or suspect that any Original Checks or related information is known or may be accessed by unauthorized persons, or that any unauthorized person has transmitted or attempted to transmit one or more checks, you agree to notify us immediately, followed by written confirmation within twenty-four (24) hours.  Unauthorized transactions will not affect the validity of transactions made in good faith by First National Bank North prior to receipt of such written notification and First National Bank North shall not be liable for any such transactions.

1. All Images processed for deposit through the Mobile Check Deposit will be treated as “deposits” under your current account agreements with us and will be subject to all terms of your current account agreements.  When First National Bank North receives and accepts an Image, First National Bank North will acknowledge receipt of your Image deposit submitted through the Mobile Check Deposit(or notify you if an Image is not eligible for deposit or otherwise rejected) through the deposit history on your mobile application.  First National Bank North shall not be deemed to have received and accepted the Image for deposit until First National Bank North has confirmed receipt and acceptance to you via the deposit history on your mobile application.  Confirmation does not mean that the Image contains no errors.  First National Bank North is not responsible for such errors or any Image that First National Bank North does not receive.  Following receipt, First National Bank North may process the Image by preparing a “substitute check” or clearing the item as an image.  Funds will be available as described in our general funds availability disclosures.  Financial Institution’s ability to provide the Mobile Check Deposit is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and Financial Institution’s response.  First National Bank North shall not be liable or responsible for any loss or damage incurred due to Images that First National Bank North does not receive, for any Images that are dropped during transmission, or the failure or interruption of the Mobile Check Deposit Capture service, wireless or computer services, or systems, resulting from the act or omission of any third party or other causes not reasonably within Financial Institution’s control.  First National Bank North is not liable for any alterations made to Images after they are transmitted by you to Financial Institution.

1. Any credit to your Account for checks deposited using the Mobile Check Deposit is provisional.  If Original Checks deposited through the Mobile Check Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an Original Check will not be returned to you, but that we may charge back the amount of the Original Check and provide you with an Image of the Original Check, a paper reproduction of the Original Check or a substitute check.  You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item.  Without Financial Institution’s approval, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you.  First National Bank North reserves the right to redeposit dishonored checks and attempt collection again, unless you provide special instructions regarding return deposit items.  First National Bank North may debit any of your accounts with us to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.

1. All fees and charges related to any Account you access with the Mobile Check Deposit as stated in the applicable Fee Schedule for the Account will remain in effect when using the Mobile Remote Deposit Capture service.  The monthly fees and charges, if any, for the use of the Mobile Check Deposit are found in the applicable fee Schedule.

Other Agreements

In addition to the Online Banking Agreement, Supplemental Terms and Conditions are in addition to any deposit account agreements you have with us, including signature cards, account terms and conditions, schedules, disclosures, and change of terms notices (the “Deposit Agreements”).  These Supplemental Terms and Conditions are also in addition to any loan or credit agreements you have with us, including documents containing terms and conditions, schedules, and disclosures (the “Loan Agreements”).  Further, these Supplemental Terms and Conditions are in addition to the Terms of Use of the Bill Payment System, eCorp Agreement, ACH agreements, wire transfer agreements, disclaimers, and terms and conditions posted on our website, as may be amended from time to time, and applicable laws and regulations.

You also agree that, when you use the Mobile Services, you remain subject to the terms and conditions of your existing agreements with any service providers unaffiliated with Financial Institution, including, but not limited to, your mobile service provider and that these Supplemental Terms and Conditions does not amend or supersede any of those agreements.  You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Mobile Services (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with the Mobile Services), and you agree to be solely responsible for all such fees, limitations and restrictions.  You agree that only your mobile service provider is responsible for its products and services.  Accordingly, you agree to resolve any problems with your provider directly without involving us.

Representations and Warranties.  You represent and agree that all information you provide to First National Bank North in connection with the Mobile Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Mobile Services.  You agree not to misrepresent your identity or your account information.  You agree to keep your account information up to date and accurate.  You represent that you are an authorized user of the Device you will use to access the Mobile Services.

User Security

In addition to taking the security precautions described in the Online Banking Agreement, you agree to comply with any security procedures that First National Bank North may establish from time to time.  By complying with any such security procedures and using the Mobile Services, you agree that such security procedures are commercially reasonable.  Our security features may require special hardware, software or third-party services.  They may also include the activation of certain internet browser software features, plug-ins or add-ons.  You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using the Mobile Services.  You acknowledge that the security procedures are for verification of authenticity and not to detect errors.  No security procedure for the detection of any such error has been agreed upon between us and you; such errors are the sole responsibility of you.  You agree not to leave your Device unattended while logged into the Mobile Services and to log off immediately at the completion of each access by you.  You agree not to provide your username, password or other access information to any unauthorized person.  If you permit other persons access to your Device or to use your Device, login information, or other means to access the Mobile Services, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.  You agree not to use any personally identifiable information when creating shortcuts to your accounts.  If you believe your Device, login information, or other means to access the Mobile Services has been lost, stolen or otherwise compromised, or that someone has transferred or may transfer funds from your account without your authorization, please contact us immediately by calling 218-547-1160.  The terms of these Supplemental Terms and Conditions, your applicable Deposit Agreement(s) or other agreements with us, and applicable law, shall govern loss allocation under such circumstances.  If warranted in Financial Institution’s reasonable judgment, First National Bank North may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations hereunder.

Privacy and User Information.  You acknowledge that in connection with your use of the Mobile Services, First National Bank North and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Mobile Services or Software (collectively “User Information”).  The First National Bank North and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Mobile Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.  The First National Bank North and its affiliates and service providers also reserve the right to monitor use of the Mobile Services and Software for purposes of verifying compliance with the law, these Supplemental Terms and Conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.  You assume all risk that any communications or other information sent through, received by or stored in your Device may be accessed by unauthorized third parties.  Such communications and information may include your name and information pertaining to your account(s) with us and may not be encrypted.

Limitation of Liability and Disclaimer of Warranty.  The First National Bank North will be responsible for acting only on those instructions sent through the Mobile Services which are actually received and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send.  The First National Bank North is not responsible for any losses or delays in transmission of instructions arising out of the use of any mobile services provider or caused by any Device.  Any information you receive from the First National Bank North can only be provided on a best-efforts basis for your convenience and is not guaranteed.  The First National Bank North is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information.  The First National Bank North is not responsible for any Device, virus or related problems that may be attributable to the Mobile Services or to any services provided by any mobile service provider.

YOU AGREE YOUR USE OF THE MOBILE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  FIRST NATIONAL BANK NORTHDISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MOBILE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  YOU AGREE THAT NEITHER THE FIRST NATIONAL BANK NORTHNOR ANY PERSON OR COMPANY ASSOCIATED WITH THE FIRST NATIONAL BANK NORTHSHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE YOUR DEVICE, OUR MOBILE SERVICES OR THE PRODUCTS OR SERVICES PROVIDED ON OUR THROUGH THE MOBILE SERVICES.  THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT AND ANY OTHER LEGAL THEORY.  THIS PROTECTION COVERS THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL OF ITS SERVICE PROVIDERS.  THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PROVIDERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00.  THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.  IN NO EVENT SHALL THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.  ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF THE MOBILE SERVICES ARE EXCLUDED EVEN IF THE FINANCIAL INSTITUTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.  If you use or misuse the Mobile Services or your Device in a way that causes a lawsuit or other claim of injury against the First National Bank North or otherwise breach these Supplemental Terms and Conditions, you have certain responsibilities unless such lawsuits or claims result from Financial Institution’s misconduct or gross negligence.  You agree to defend, indemnify and hold the First National Bank North harmless from and against any claims, actions or demands, liabilities and settlements arising from your use of the Mobile Services and/or breach of these Supplemental Terms and Conditions, including, without limitation breach of any agreements, representations or warranties contained herein.  This indemnification also covers the Financial Institution’s officers, directors, employees, agents, technology partners, and suppliers.  Your indemnification includes, without limitation, the costs of reasonable legal and accounting fees and expenses.

Restrictions on Use.  You agree that the Mobile Services are only for the personal or business use of individuals authorized to access your account information.  You agree not to make any commercial use of the Mobile Services or resell, lease, rent or distribute access to the Mobile Services.  You agree to use the Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations.  You warrant that you will only transmit acceptable items for deposit using the Mobile Services and have handled the Original Checks in accordance with applicable laws, rules and regulations.  You agree not to use the Mobile Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.  Without limiting the foregoing, you agree that you will not use the Mobile Services and Software to transmit or disseminate:  (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by First National Bank North(in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of  First National Bank North or any third-party service provider involved in the provision of the Mobile Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Mobile Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose  Financial Institution, any third-party service provider involved in providing the Mobile Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party.  You agree that you will not attempt to:  (i) access any Software or Mobile Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Mobile Services or Software, the security of the Mobile Services or Software, or other customers of the Mobile Services or Software, or otherwise abuse the Mobile Services or Software.

Termination.  Financial Institution, in its sole discretion, reserves the right to suspend or terminate your Mobile Services at any time without prior notice to you, except as may be required by law.  Any termination of the Mobile Services by either party will not affect obligations, representations or warranties of the parties arising prior to such termination.  On the termination date, all licenses and/or sublicenses granted to you pursuant hereto shall terminate immediately, and you shall cease using the Mobile Services and Software.  In addition, you will keep your Account(s) with us open until the later of (i) sixty (60) days after the date of termination, or (ii) final payment with respect to all processing fees, and will keep in such Account(s) an amount sufficient to cover any remaining obligations pursuant hereto.  If any such outstanding obligations pursuant hereto exceed the amount in your account(s) with us, you will pay such excess to us upon demand.

Alerts Terms and Conditions

Alerts. Your enrollment in First National Bank North Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your First National Bank North account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time or cancel old alerts. We usually notify you when we cancel alerts, but we are not obligated to do so. First National Bank North reserves the right to terminate its alerts service at any time without prior notice to you.

Methods of Delivery. We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; or (c) an email account, by an e-mail message. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us with a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us regarding your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop alerts via text message, text “STOP” to 96924 at any time.  Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in First National Bank North Online Banking.  For help with SMS text alerts, text “HELP” to 96924. In case of questions please contact customer service at 218-547-1160. Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. First National Bank North provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside First National Bank North’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold First National Bank North, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As alerts delivered via SMS, email, and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

First National Bank North
Account to Account Transfer Terms of Service

1. Introduction. This Account to Account Transfer Terms of Service document (hereinafter “Agreement”) is a contract between you and First National Bank North (hereinafter “we” or “us”) in connection with the Account to Account Transfer Service (as defined below) offered through our online banking site or mobile applications (the “Site”). This Agreement applies to your use of the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered.
2. Description of Account to Account Transfer Service. The Account to Account transfer service (the “Account to Account Transfer Service”) enables you to transfer funds between your Eligible Transaction Account(s) that you maintain with us, and your External Account(s) that are maintained by other financial institutions.
   1. “Small Business Transfers Service” means functionality, to the extent made available by us, that enables a Business to transfer funds between Eligible Transaction Account(s) that the Business maintains with us, and External Account(s) that the Business maintains with other financial institutions. Businesses accessing the Account to Account Transfer Service shall be classified as Small Business Transfers Service users. The Small Business Transfers Service is included in the definition of “Account to Account Transfer Service”.
   2. “Instant Transfers” means functionality, to the extent made available by us, that uses Payment Networks designed to transfer funds on the same day or sooner between your Eligible Transaction Account(s) that you maintain with us, and your External Account(s) that are maintained by other financial institutions. Instant Transfers are only available for financial institutions and applicable Accounts that are enabled to send and receive such Instant Transfers. Not all financial institutions and/or Accounts are available to participate in Instant Transfers. Instant Transfers are not instantaneous. Payment delivery speed may vary based upon the funds availability policy of each financial institution, Payment Network availability, or other factors. Instant Transfers are included in the definition of “Service”.
3. Definitions.
   1. “Account” means an Eligible Transaction Account or External Account. For the Small Business Transfers Service, Accounts include business checking, money market or savings accounts.
   2. “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
   3. “Affiliates” are companies related by common ownership or control.
   4. “Business” means any person or entity other than a Consumer with an Eligible Transaction Account that utilizes the Account to Account Transfer Service.
   5. “Business Day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
   6. “Consumer” means a person (not a business or other entity) with an Eligible Transaction Account primarily for personal, family or household purposes.
   7. “Eligible Transaction Account” is a transaction account from which your transfers will be debited, your Account to Account Transfer Service fees, if any, will be automatically debited, or to which transfers and credits to you will be credited, that is eligible for the Account to Account Transfer Service. An Eligible Transaction Account shall be limited to a checking, money market or savings account that you hold with us.
   8. “External Account” is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.
   9. “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
   10. “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Account to Account Transfer Service to you on our behalf.
   11. “Transfer Instruction” is a specific information provided for a transfer to be made that you provide to the Account to Account Transfer Service for a transfer of funds.
4. Service Providers. We are offering you the Account to Account Transfer Service through one or more Service Providers that we have engaged to render some or all of the Account to Account Transfer Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Account to Account Transfer Service to you, we are the sole party liable to you for any payments or transfers conducted using the Account to Account Transfer Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Account to Account Transfer Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
5. Authorization and Processing.
   1. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
   2. You may initiate (1) a one-time Transfer Instruction for which processing shall be initiated immediately, (2) a one-time Transfer Instruction for which processing shall be initiated at a later specified date up to one (1) year, and (3) a recurring series of Transfer Instructions for which processing shall be initiated on the specified dates. Options (2) and (3) above are not available for Instant Transfers. Further details about each of these options can be found on the Site. When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds. Transfers may be delayed or blocked to prevent fraud or comply with regulatory requirements. If we delay or block a Transfer Instruction that you have initiated, we will notify you in accordance with your user preferences (i.e., email, push notification).
   3. We will use reasonable efforts to complete all your Transfer Instructions properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
      1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the Transfer Instruction or the Transfer Instruction would exceed the credit limit of your overdraft account;
      2. The Account to Account Transfer Service is not working properly and you know or have been advised by us about the malfunction before you execute the Transfer Instruction;
      3. The transfer is refused as described in Section 10 (Refused Transfers) below;
      4. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
      5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Transfer Instruction.
   4. It is your responsibility to ensure the accuracy of any information that you enter into the Account to Account Transfer Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
   5. Instant Transfers. The Instant Transfers feature allows for transfers to and from External Accounts that are enabled through a Payment Network designed to deliver transfers on the same day and potentially within minutes, although actual speed will vary, as described below. Instant Transfers are not instantaneous. Delivery speed may vary based upon the fraud, risk and other funds availability policy of the applicable External Account financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks or other financial institutions that may be involved in the transmission of a transfer. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Instant Transfers unless the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the applicable Transfer Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications.
6. Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through our Account to Account Transfer Service. Your limits may be adjusted from time-to-time in our sole discretion. You may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf through the Account to Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you.
7. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Account to Account Transfer Service). Instant Transfers may not be cancelled as the Transfer Instructions will be processed immediately.
8. Stop Transfer Requests. If you desire to stop any transfer that has already begun processing, you must contact customer care for the Account to Account Transfer Service pursuant to Section 26 (Errors, Questions, and Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
9. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Account to Account Transfer Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Account to Account Transfer Service or Site. Any applicable fees will be charged regardless of whether the Account to Account Transfer Service was used, except for fees that are specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. Additional fees may apply for Instant Transfers and Businesses enrolled in the Small Business Transfers Service. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Account to Account Transfer Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 (Failed Or Returned Transfer Instructions) applies if you do not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient funds in the External Account; Section 22 (Failed Or Returned Transfer Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
10. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
11. Returned or Failed Transfers. In using the Account to Account Transfer Service, you understand transfers may be returned or fail for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, failed, or denied transfer to your Account that we debited for the funds transfer or use other reasonable efforts to return such transfer to you as permitted by law. In certain cases, we may require you to contact us or the financial institution for your External Account to initiate a request to receive such funds. You may receive notification from us.
12. Notices to Us Regarding the Account to Account Transfer Service. Except as otherwise stated below, notice to us concerning the Site or the Account to Account Transfer Service must be sent by postal mail to: First National Bank North Attn: Customer Service, P.O. Box 520, Walker, MN 56484. We may also be reached at (218) 547-1160 or calling any of our Customer Service Representatives at any branch for questions and other purposes concerning the Account to Account Transfer Service. We will act on your telephone calls as described below in Section 26 (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
13. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Account to Account Transfer Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Account to Account Transfer Service setup or customer profile. For example, users of the Account to Account Transfer Service may receive certain notices (such as notices of processed Transfer Instructions, alerts for validation and notices of receipt of transfers) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We reserve the right to terminate your use of the Account to Account Transfer Service if you withdraw your consent to receive electronic communications.
14. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.
15. Receipts and Transaction History. You may view your transaction history by logging into the Account to Account Transfer Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
16. Your Privacy; Privacy of Others. Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another person through the Account to Account Transfer Service, you agree to keep the information confidential and only use it in connection with the Account to Account Transfer Service.
17. Eligibility. The Account to Account Transfer Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Account to Account Transfer Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Account to Account Transfer Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
18. Prohibited Transfers. The following types of transfers are prohibited through the Account to Account Transfer Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:
    1. Transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
    2. Transfers that violate any federal or state law, statute, ordinance or regulation; and
    3. Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and
    4. Transfers that may be deemed to be illegal, improper, brand damaging or potentially exposing us, our Service Providers, or the financial system to risk or reputational harm; and
    5. Transfers relating to tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited transfers. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.

1. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Account to Account Transfer Service, regardless of the purpose of the use, and for all communications you send through the Account to Account Transfer Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Account to Account Transfer Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Account to Account Transfer Service, or interfere or attempt to interfere, with the Site or the Account to Account Transfer Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.
2. Your Liability for Unauthorized Transfers.
   1. Consumer Accounts. This paragraph applies only to Eligible Transaction Accounts used for personal, family and household purposes. Immediately following your discovery of an unauthorized Transfer Instruction, you shall communicate with customer care for the Account to Account Transfer Service in the manner set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. You acknowledge and agree that time is of the essence in such situations. The best way to minimize your loss is to call us immediately. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Account to Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can establish that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
   2. Business Accounts. This paragraph applies only to the Small Business Transfers Service. Immediately following your discovery of an unauthorized Transfer Instruction, you shall communicate with customer care for the Small Business Transfers Service in the manner set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. You acknowledge and agree that time is of the essence in such situations. Tell us AT ONCE if you believe your user identification, password, or other means of accessing the Small Business Transfers Service have been stolen or used without your permission. You could lose all of the money in your Eligible Transaction Account, plus any credit available in any available overdraft protection plan. Also, if the periodic statement for your Eligible Transaction Account shows payments or other Small Business Transfers Service transactions that you did not make, tell us at once. YOU ARE RESPONSIBLE FOR ALL TRANSFERS INITIATED USING YOUR USER IDENTIFICATION, PASSWORD, AND OTHER MEANS OF ACCESSING THE SMALL BUSINESS TRANSFERS SERVICE, REGARDLESS OF WHETHER YOU AUTHORIZED THEM OR IF THEY EXCEED THE LIMITS THAT YOU IMPOSED ON YOUR AUTHORIZED USER(S).
3. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
4. Failed or Returned Transfer Instructions. In using the Account to Account Transfer Service, you are requesting that we or our Service Provider attempt to make transfers for you from your Eligible Transaction Account. If the Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer), the Transfer Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Transfer Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
   1. You will reimburse us or our Service Provider immediately upon demand the amount of the Transfer Instruction if the transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
   2. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit; and
   3. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.
5. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Account to Account Transfer Service, changes may be able to be made within the user interface of the Account to Account Transfer Service or by contacting customer care for the Account to Account Transfer Service as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Transfer Instructions or contact information.
6. Information Authorization. Your enrollment in the applicable Account to Account Transfer Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in or use of each Account to Account Transfer Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, and in accordance with our Privacy Policy, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Account to Account Transfer Service, to authenticate you when you log in, to send you information about the Account to Account Transfer Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Account to Account Transfer Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Account to Account Transfer Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Account to Account Transfer Service.
   1. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
   2. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
7. Consent to Share Personal Information (Including Account Information). In addition to Section 24 (Information Authorization) above, by accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:
   1. As necessary to resolve a problem related to a transfer initiated by you;
   2. To verify the existence of your bank account;
   3. To comply with government agency or court orders, or debit card, as applicable;
   4. To our affiliates, as permitted by law;
   5. To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
   6. To comply with inquiries in connection with fraud prevention or any investigation;
   7. For our general business purposes, including without limitation data analysis and audits; or
   8. As otherwise permitted by the applicable terms of our Privacy Policy.
8. Errors, Questions, and Complaints. This paragraph applies only to Eligible Transaction Accounts used for personal, family and household purposes.
   1. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.
   2. If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
      1. Tell us your name;
      2. Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
      3. Tell us the dollar amount of the suspected error.
   3. If you tell us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. For errors involving new Eligible Transaction Accounts, we may take up to ninety (90) days to investigate your complaint or question and up to twenty (20) Business Days to provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
9. Intellectual Property. All marks and logos related to the Account to Account Transfer Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Account to Account Transfer Service or display them in any manner that implies our sponsorship or endorsement. All rights, title and interest in and to the Account to Account Transfer Service, the portion of the Site through which the Account to Account Transfer Service is offered, the technology related to the Site and Account to Account Transfer Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Account to Account Transfer Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
10. Account to Account Transfer Service Termination, Cancellation, or Suspension. If you wish to cancel the Account to Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. Any transfer(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Account to Account Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
11. Password and Security. If you are issued or create any password or other credentials to access the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
12. Amendments. We may amend this Agreement and any applicable fees and charges for the Account to Account Transfer Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Account to Account Transfer Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Account to Account Transfer Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Account to Account Transfer Service, and/or related applications and material, and limit access to only the Account to Account Transfer Service’s more recent revisions, updates, upgrades or enhancements.
13. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Account to Account Transfer Service. We do not have control of, or liability for, any products or services that are paid for with our Account to Account Transfer Service. We also do not guarantee the identity of any user of the Account to Account Transfer Service (including but not limited to recipients to whom you send transfers).
14. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
15. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Account to Account Transfer Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Account to Account Transfer Service for any reason or no reason and at any time. The remedies contained in this Section 33 are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
16. Disputes. In the event of a dispute regarding the Account to Account Transfer Service, you and we agree to resolve the dispute by looking to this Agreement.
17. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
18. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. TO THE EXTENT THAT THE TERMS OF THIS AGREEMENT CONFLICT WITH APPLICABLE STATE OR FEDERAL LAW, SUCH STATE OR FEDERAL LAW SHALL REPLACE SUCH CONFLICTING TERMS ONLY TO THE EXTENT REQUIRED BY LAW. UNLESS EXPRESSLY STATED OTHERWISE, ALL OTHER TERMS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 35 (Arbitration)) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 35 (Arbitration). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT.
19. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Account to Account Transfer Service.
20. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the Account to Account Transfer Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
21. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. 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.
22. Disclaimer of Warranties. THE SITE AND ACCOUNT TO ACCOUNT TRANSFER SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT TO ACCOUNT TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
23. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT TO ACCOUNT TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT TO ACCOUNT TRANSFER SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
24. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 4, 12, 13, 21, 22, 27 and 32-42 of the Agreement, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.