Terms of Use
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PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEB SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. YOU MAY NOT ACCESS THIS WEBSITE OR THE SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.
These Terms of Use (“Terms of Use” or “Terms”) govern your access to and use of our website, web applications, mobile applications, and other online services (collectively, the “Services”) provided by First Bank of the Lake or its affiliates (collectively, “First Bank of the Lake”, “Bank, “we”, or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user. “You” and “your” refer to any person who accesses or uses the Services.
Changes to the Terms of Use and Services
We may revise these Terms of Use at any time, without giving you prior notice by updating this posting. Any change to these Terms of Use will be effective upon the posting of such updated Terms of Use on our website. The most current version of the Terms of Use will be available by clicking the link at the bottom of our website. By continuing to access or use the Products or Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. From time to time, with or without prior notice, we may add, modify, and delete features or functionality of the Services or the Service itself.
Site Access and Prohibited Use
To access our Services, you will need a working connection to the internet via a web browser on your computer for which you are responsible for all costs, expenses, and fees.
The Services are intended for use only in the United States. The Services are not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the Services during times you are in a country for which use of the Services would be prohibited. You are responsible for compliance with all local laws.
Unauthorized use of our Services and systems is strictly prohibited, including but not limited to unauthorized entry into such systems, misuse of passwords, posting objectionable or offensive content, unauthorized use of legally protected third party content, or misuse of any information posted to a site. When accessing the Services, you are prohibited from: (i) removing any copyright, trademark or other proprietary notices; (ii) reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Services except as expressly permitted; (iii) decompiling, reverse engineering, or disassembling any portion of the Services except as may be permitted by applicable law; (iv) linking to, mirroring, or framing any portion of the Services; (v) causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempting to gain unauthorized access to or impairing any aspect of the Services or related systems or networks; or (vii) violating any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any intellectual property laws or export restriction laws).
We may at any time, with or without cause, and without prior notice to you deny you access to the Services. We may terminate these Terms of Use and your access to the Services in whole or in part at any time without prior notice to you.
Accurate Information.
If you use a Service offered by us, you agree to provide true, accurate, current and complete information and to maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserves the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services.
Communications
By providing us with your electronic mail (“e-mail”) address, you represent that you are the owner of the e-mail account and you agree that we can communicate with you at this e-mail address about our Services and for any promotional purposes in accordance with your email marketing preferences. E-mail communication over the internet may not be confidential or secure. We are not responsible for any damages in connection with an e-mail you send to us or an e-mail you request we send to you. You may opt-out of receiving promotional email communications we send to you by following the unsubscribe or other options on such emails to manage your preferences.
By providing us with your telephone number, including any wireless/cellular/mobile phone number, you represent that you are the subscriber and agree that we may contact you at that number using autodialed or prerecorded message calls or text messages in connection with the Services. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with these activities. You can decline to receive automated, autodialed, or prerecorded text messages to your mobile phone number by replying STOP to a message. The frequency of messages may vary, and standard telephone minute and text charges may apply. We and your wireless provider are not liable for delayed or undelivered messages. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls, emailing [email protected], or calling (888) 808-5320. See our Do Not Call Policy for further information.
You agree to maintain an active email account and telephone plan and it is your responsibility to notify us of any changes to your email address or telephone number. Your use of Services may be limited, suspended, or terminated if you do not maintain accurate contact information or if we cannot verify your identity. Changes to your contact information and communication preferences may be made within the Services or by contacting us.
You understand and agree that, to the extent permitted by law, we may, at our discretion, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf have with us or our agents for quality control and training purposes or for our own protection.
Trademarks, Copyrights
The Services are owned or operated by us. Except where otherwise expressly noted, all trademarks, service marks, trade names, and related intellectual property rights on the Services are proprietary to us or our licensees. You may not use, reproduce or display any of our intellectual property unless you’ve received our prior written consent.
The Services and its contents, features, and functionality ( including but not limited to all web pages, user interfaces, information, design, text, displays, graphics, images, videos and audio recording, and the design, selection and arrangement thereof) are owned, controlled or licensed by us, and are protected by United States trademark, patent, trade secret and other intellectual property or proprietary right laws. The display of trademarks within the Services do not grant a license of any kind to the reader. Any downloading of content or other material contained in the Services, or of any site linked to the Services may be a violation of trademark and copyright laws.
Links to Other Websites
We may establish links between the Services and one or more websites operated by third parties. We have no control over any such other website or the contents therein. The existence of any such links shall not constitute an endorsement by us of such websites, the contents of the websites, or the operations of the websites. We disclaim all liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, services, products, or recommendations provided by the linked websites, is based solely on the agreement, if any, between you and the linked site provider.
Website Content
We do not provide financial, investment, tax, legal, or accounting advice. The content provided on our website is for informational purposes only and should not be relied upon or considered as an express or implied recommendation, warranty, guarantee, offer, or promise. You should consult your own financial, investment, tax, legal, and accounting advisors before engaging in any transaction. Information provided is not exhaustive and is subject to change without notice. Accuracy is not guaranteed. Expressions of outlooks and past performance are not guarantees of future results. Articles may contain information from third-parties, and the inclusion of such information does not imply an affiliation with the Bank or Bank sponsorship, endorsement, or verification regarding the third-party or its information. Any external websites linked to this information are not managed by Bank. All third-party trademarks, service marks, trade names, and logos referenced in this material are the property of their respective owners. All loans are subject to credit approval. Qualifications, terms, and conditions apply to all Bank products and services.
Your Internal Security.
You bear sole responsibility for establishing, maintaining, implementing, and updating processes, equipment, and software (“Internal Security Controls”) that ensure the security and integrity of your computer systems, mobile devices, and information, protect them from any unauthorized use, intrusion, takeover or theft, and prevent your access credentials from any unauthorized discovery or use (collectively “Internal Security Breaches”). You further agree to keep your browser and operating system up to date. You agree to install and maintain appropriate firewall and anti-virus software on any equipment you use to access the Service, to protect your data when connected to the internet. We have no duty to review your Internal Security Controls, identify deficiencies, or make recommendations. Except to the extent limited by applicable law, you assume sole responsibility for all loss, damage, or injury arising from any failure of your equipment, software not provided by us, the disruptions or unavailability of connectivity, viruses, spyware, malware, or worms affecting your equipment or software. As a result, you bear all risk of fraudulent transfers and other losses or disclosures arising from your Internal Security Breaches or from the interception of your communications prior to their receipt by us (collectively “Internal Security Losses”). We will not reimburse your Internal Security Losses.
Protect Your Access Credentials.
Your access credentials are used to access certain Services and must always be kept confidential. You agree that if you share your access credentials with anyone, you do so at your own risk. At any time, you may ask us to disable your access credentials to prevent further access by others or for any other reason. Except to the extent limited by applicable law, you agree to indemnify and release us from liability for any claims related to our having honored a transaction or action in reliance on your access credentials provided to us to facilitate the transaction or activity. We strongly recommend changing your access credentials regularly (at least every 60 days) for your protection. It is recommended that you memorize your access credentials, avoid using them with another website or service, and refrain from writing them down. You are responsible for keeping your access credentials, account numbers, and other account data confidential.
If you use a third-party service to access Services on your behalf (e.g., a third-party aggregation service for downloading account data) and for which you share your access credentials, that third-party service shall be your agent (not ours). You and your agent shall be solely responsible for, and you shall indemnify and hold us harmless from, all use, misuse, loss, or disclosure of your access credentials or personal data, and any transactions by that service, employees, or subagents or unauthorized persons.
For Services accessed via mobile device, we may also permit you to use “alternate” access credentials that we make available. Alternate access credentials may include, but are not limited to, biometric identification (e.g., fingerprint or facial recognition). Commercially reasonable types of alternate access credentials methods can be added, removed, substituted, or changed by us from time to time without prior amendment of these Terms. Alternate access credentials may not be available for all mobile devices, functionalities, types of accounts, or Services. If you elect to use an optional biometric identification procedure performed on your mobile device or via a third-party service selected by you, then we can accept and act upon identity authentication from that mobile device or service, and we can grant access to Services without further action or responsibility on our part to confirm your identity.
Availability of Services
Services may be temporarily unavailable for regular or emergency system maintenance. We will endeavor to have scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to Services may be interrupted because of conditions or other causes beyond our control. We may use commercially reasonable efforts to re-establish the Service in those instances, but we do not promise Services will always be available for your use. We do not guarantee the functionality of Services through all web browsers or on all mobile devices, on all communications networks, in all geographic regions, or always. In no event, regardless of cause, shall we be liable to you for the unavailability of Services, or your inability to access the Services or to execute its functions.
No Warranties
ALTHOUGH WE ATTEMPT TO PROVIDE ACCURATE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS, ICONS, DOCUMENTS, AND OTHER MATERIALS (COLLECTIVELY THE “CONTENTS”) ON THE SERVICES, WE MAKE NO REPRESENTATION, ENDORSEMENT, OR WARRANTY THAT SUCH CONTENTS ARE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE. THE SERVICES AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INCLUDING THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, ACCESSIBILITY, NON-INTERRUPTION AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Indemnification
To the maximum extent permitted by applicable law, you agree to release, indemnify, defend, hold us harmless and any of our directors, agents, employees, contractors, agents, successors, affiliates and assigns, from and against all damages, claims, liabilities and expenses (including attorney’s fees) brought by any person arising from or relating to your access and use of the Services, including without limitation any claims alleging facts that if true would constitute a breach by arise of these Terms.
Entire Agreement
The Terms constitute the entire agreement between you and us with respect to the Services, superseding any prior agreement between you and First Bank of the Lake. Notwithstanding the foregoing, authorized users may be subject to additional terms and conditions as set forth in any other applicable Bank agreements.
Governing Law and Jurisdiction
You agree that Missouri Law, without regard to conflicts or law principles, shall govern your access to and use of the Services, except to the extent such laws are preempted by federal law or regulation. You and First Bank of the Lake agree, to the maximum extent permitted by applicable law, to submit to the personal and exclusive jurisdiction of the state or federal courts located within Jefferson City, Missouri. Unless otherwise specified, the Services are controlled and operated by First Bank of the Lake from its office within the state of Missouri. We make no representation that materials on Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access for a particular internet address to the Services.
Waiver and Severability
No waiver of by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our delay or failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such rights or provision. 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. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Claims Notice and Class Action Waiver
You agree that regardless of any statute or law to the contrary, you must give us notice of any claim or course of action (a “Claim”) arising out of or related to the use of the Services within one (1) year after you became aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within two (2) years after such claim arose or be forever barred.
Notwithstanding any other provision of these Terms of Use, you agree that, if either you or we elect to litigate a Claim, neither you nor we will have the right: (1) to participate as a class representative or class member in a class action, private attorney general action, or other representative action; or (2) to join or consolidate Claims with claims of any other persons. You agree to waive any right to relief that applies to any person or entity other than you and/or us individually. The parties acknowledge and agree that under no circumstances will a class action be commenced or otherwise litigated.
Limits of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST BANK OF THE LAKE, ITS AGENTS, AFFILIATES, OR CONTRACTORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER UNDER A CONTRACT, TORT OR OTHER THEORY OF LAW, ARISING OUT OF USE OF THIS WEBSITE OR THE SERVICES OFFERED, IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONS OR TRANSMISSION COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OR USE RELATED TO THE SERVICES OR ANY WEBSITE OPERATED BY ANY THIRD PARTY, EVEN IF FIRST BANK OF THE LAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THE TERMS, FIRST BANK OF THE LAKE SHOULD HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE TERMS, THE WEBSITE OR THE SERVICES, YOU AGREE SUCH LIABILITY SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
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. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Cumulative Remedies
The rights and remedies provided by these Terms are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, ordinance or otherwise
Headings
The headings in these Terms are for convenience or reference only and will not govern the interpretation of the provisions.
Assignment
We may assign the rights and delegate the duties under these Terms to a company affiliated with us or to any other party. You may not assign your rights or obligations under these Terms, and any effort by you to do so is unenforceable at our election. These Terms are binding upon your heirs, successors, and assigns
Contact
Please direct any questions or concerns related to these Terms of Use to us at [email protected] or by mail to 4558 Osage Beach Parkway, Suite 100, Osage Beach, MO 65065