Thank you for using the First National Bank Mobile Banking Services (“Mobile Services”) which may be accessed by a supportable mobile device including, without limitation, a cellular phone, smart phone, or other mobile device that satisfies the hardware and software requirements specified by Financial Institution from time to time (“Device”) and any related Software (“Software”) provided by First National Bank of Walker (“Financial Institution”) combined with your Device's text messaging capabilities. By checking the box below or participating in the Mobile Services or using the Software, you are agreeing to (i) the following terms and conditions (“Supplemental Terms and Conditions”) together with (i) the terms and conditions of the Financial Institution Internet Banking Agreement and Disclosures (“Online Agreement”), which may be accessed by clicking here, as amended from time to time, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Mobile Services are a part. Financial Institution in its discretion may modify these Supplemental Terms and Conditions at any time without prior notice to you, except as may be required by law. By continuing to use the Mobile Services after the effective date of any such change, you confirm your agreement to such change. Standard messaging charges apply. Standard messaging charges apply.
General Terms and Conditions:
a. Program: Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). The Mobile Services are offered as a convenience and supplemental service to our Internet Banking Services. It is not intended to replace access to online banking with Financial Institution from your personal computer or other methods you use for managing your accounts and services with Financial Institution. In utilizing the Mobile Services, you agree to the terms and conditions of the Online Agreement. These Supplemental Terms and Conditions are a supplement to the Online Agreement, and the Mobile Services shall be considered Internet Banking Services for purposes of such Online Agreement. Not all functions that are described in your Online Agreement available as Internet Banking Services may be available with the Mobile Services. In the event of a specific conflict between the terms of these Supplemental Terms and Conditions and your Online Agreement and relating to the Mobile Services, the terms of these Supplemental Terms and Conditions shall prevail. Enrollment requires identification of the user's banking relationship with Financial Institution 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. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.
Questions: You agree to accept responsibility for learning how to use the Mobile Services in accordance with any instructions provided and agree that you will contact Financial Institution directly if you have any problems with the Mobile Services. In the event of any modifications, you are responsible for making sure you understand how to use the Mobile Services as modified. You also accept responsibility for making sure that you know how to properly use your Device and Financial Institution will not be liable to you for any losses caused by your failure to properly use the Mobile Services or your Device. You can contact us at “www.fnbwalker.com.com” or 218-547-1160 or send a text message with the word "HELP" to this number: . We can answer any questions you have about the program. Message and Data rates may apply.
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: 69624. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages. Message and Data rates may apply.
d. The Mobile Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider. Financial Institution reserves the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through the Mobile Services. Financial Institution, in its sole discretion, may also modify the scope of the Mobile Services provided at any time without prior notice to you, except as may be required by law. The Mobile Services may not be accessible or may have limited utility over some network carriers. In addition, the Mobile Services may not be supportable for all Devices. Financial Institution cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues.
e. Financial Institution may offer additional Mobile Services and features in the future. Any such added Mobile Services and features will be governed by these Supplemental Terms and Conditions and by any terms and conditions provided to you at the time the new Mobile Services or feature is added and/or at the time of enrollment for the feature or Mobile Services, if applicable.
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 Financial Institution 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.
In addition to taking the security precautions described in the Online Agreement, you agree to comply with any security procedures that Financial Institution may establish from time to time. By complying with any such security procedures, 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 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
Privacy and User Information:
You acknowledge that in connection with your use of the Mobile Services, Financial Institution 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 Financial Institution 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 Financial Institution 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 Financial Institution 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 Financial Institution 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 Financial Institution can only be provided on a best-efforts basis for your convenience and is not guaranteed. The Financial Institution 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 Financial Institution 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 THAT NEITHER THE FINANCIAL INSTITUTION NOR ANY PERSON OR COMPANY ASSOCIATED WITH THE FINANCIAL INSTITUTION SHALL 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.
TTHE 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.
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 Financial Institution, 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 Financial Institution harmless from and against any claims, actions or demands, liabilities and settlements. This indemnification also covers the Financial Institution’s officers, directors, employees, agents, and suppliers. Your indemnification includes, without limitation, the costs of reasonable legal and accounting fees.
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 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 Financial Institution (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 Financial Institution 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.
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.