1. Welcome to The First National Bank of Fairbury's (the Bank) Online Electronic Bank Statement Delivery Service. Our goal is to provide you with an easy convenient way to receive your periodic Bank Statements.
2. Your Consent. For the Bank to begin forwarding your Bank Statements to you electronically, we need your consent. By agreeing to have your Bank Statements sent electronically, you also agree to notify the Bank immediately by telephone, fax or email at the numbers or email address set forth at the end of this Consent and Agreement of any change in your email address or any errors or complications relating to your electronic receipt or access of your Bank Statements.
- Your rights/options to receive a disclosure in paper form - If you elect to receive your Bank Statements through electronic delivery, the Bank will no longer send you your statements through the mail.
- Whether your consent applies only to a particular transaction or to categories of transactions -
Your consent is to authorize the Bank to forward to you electronically your periodic Bank Statements and any other disclosures that the Bank might send to you with your Bank Statements, such as Truth in Lending disclosures or other required disclosures relating to your accounts.
- The right to withdraw consent to have records provided electronically, including any consequences or fees associates with doing so - To discontinue this electronic delivery service, you can email your request to the Bank or you can request a discontinuance of the service by calling the Bank. The email address and phone number for the Bank are set forth at the end of this Consent and Agreement. It will take up to 45 days for the Bank to implement your request, and after such time you will no longer receive your statements electronically. We will charge no fees for discontinuing the service.
- How the consumer may obtain a paper copy of the record upon request - To obtain a paper copy of a particular statement, contact the bank in person or by telephone at 402-729-3344.
- Hardware and software requirements for access and retention of the electronic information - The hardware and software requirements to enable you to receive and retain your Bank Statements electronically are discussed below in Our Requirements.
3. Our Requirements. First, the same terms apply with respect to electronically delivered Bank Statements as for those delivered in paper form, and the deposit agreements and disclosures that you have previously entered into with or received from the Bank remain in effect.
5. Service Availability. The bank may change, suspend or eliminate all or any aspect of this delivery service upon notice to you.
6. Security. We are providing this service through CSIeSafe because of its method of maintaining the security of confidential documents. To access your Bank Statements you will be required to adopt a username and password. Your password must be at least eight characters and contain a mix of letters and numbers. Your username must be a valid email address. To protect the security of your banking information, you must not disclose or share your password with any third party. In addition, your Bank Statements will not be forwarded to you through email. you will be notified by email that they are available for you to access on the CSIeSafe server.
7. NO WARRANTY FOR CONTINUOUS OR UNINTERRUPTED SERVICE.
BECAUSE OF THE UNPREDICTABILITY OF THE INTERNET, WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR BANK STATEMENTS THROUGH THE INTERNET. HOWEVER, SHOULD YOU BE UNABLE TO ACCESS YOUR STATEMENTS, YOU CAN CALL THE BANK AT THE NUMBER SET FORTH AT THE END OF THIS CONSENT AND AGREEMENT AND THE BANK WILL TAKE OTHER MEASURES TO PROVIDE COPIES OF YOUR STATEMENTS TO YOU.
8. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE OR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIER'S SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS (OR ANY OF OUR OR OUR SUPPLIER'S SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES) WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SERVICE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS. TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS CONSENT AND AGREEMENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS SERVICE,. YOU FURTHER AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US WITHIN THE LAST 90 DAYS (IF ANY) FOR THIS SERVICE.
9. Notices. If you want to send us a notice in relation to this Consent and Agreement, you must send it by email or regular mail to the address noted at the end of this Consent and Agreement. We may notify you by sending notice to your email address or by mailing you notice by U.S. mail return receipt requested to our most current mailing address that we have for you. You agree that any notices sent by mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three days after the date of mailing.
10. Arbitration. You agree that at any claim or controversy relating to this Consent and Agreement will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy or any other party.
You agree that the arbitration will be conducted in Fairbury, Nebraska and that judgment on the arbitration award may be enforced by any court having proper jurisdiction.
11. Governing Law. You agree that this Consent and Agreement is governed by the laws of the State of Nebraska, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of service shall be the appropriate federal or state court located in Fairbury, Nebraska.
The First National Bank of Fairbury
423 5th St. P.O. Box 418
Fairbury, Nebraska 68352