For www.firstbankks.com
First Bank of Newton requires that all visitors (collectively, the "User") to its site on the World Wide Web (the "Site") adhere to the following rules and regulations. Please read these terms carefully before using this Site. By accessing the Site, User acknowledges and accepts these terms and conditions. First Bank of Newton may modify or supplement this User Agreement by publishing amendments on the Site and may discontinue or revise any or all other aspects of the Site in its sole discretion and without prior notice to User.
Ownership of Site
All information, including text and graphics, contained in the Site is subject to a copyright by First Bank of Newton, First Newton Bankshares, Inc., or others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of First Bank of Newton, First Newton Bankshares, Inc., or other holder of the copyright.
Products and Services Offered on the Site
First Bank of Newton may make available to User various products and services through the Site. Not all of the products or services described on the Site are available in all geographic areas. Every User may not be eligible for all products or services. First Bank of Newton reserves the right to determine a User's eligibility for any product or service subject only to federal or state law. In addition to the terms and conditions of this User Agreement, specific First Bank of Newton products or services may be subject to certain other disclosures and agreements which are available in First Bank's Disclosure Index.
Banking Products and Services
Deposit and loan products and services are made available through First Bank of Newton, commonly known as First Bank, a Kansas-chartered bank with its main office in Newton, Kansas. The bank is owned by a one-bank holding company, First Newton Bankshare, Inc., with headquarters in Newton, Kansas. First Bank of Newton is federally insured by the FDIC and an Equal Opportunity Lender.
General Disclaimer of Warranties and of Liability
First Bank of Newton does not represent or endorse the accuracy, adequacy, reliability or completeness of any information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from the Site, nor the quality of any other products, information or other materials displayed, purchased, or obtained by User as a result of any advertisement or any information or offer in or in connection with the Site. User agrees that all access and use of the Site and its contents is at User's own risk. By using the Site, User acknowledges that First Bank of Newton specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with User's access to or use of the Site (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect a user's computer equipment. Except as restricted by applicable law, or express agreement, First Bank of Newton is not liable for any direct, indirect, special, incidental, consequential or punitive damages or lost profits arising in connection with the Site or any interruption, delay in its operation, computer virus, loss of data, or otherwise. THE SITE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES OF SPECIFIC FIRST BANK OF NEWTON PRODUCTS OR SERVICES TO WHICH FIRST BANK OF NEWTON HAS EXPRESSLY AGREED.
Disclaimers Relating To Products and Services of Third Parties
First Bank of Newton may maintain on its Site one or more electronic malls or market places, or otherwise make available hypertext links, icons or marks of various merchants, suppliers and other companies unrelated to First Bank of Newton. First Bank of Newton has provided these hypertext links, icons or marks for User convenience and does not endorse or accept responsibility for any such web site. First Bank of Newton makes no representations about any web site User may access through its Site. Any third party web site linked to this Site is independent from First Bank of Newton and First Bank of Newton has no control over the products, services or information contained in or available through these third party web sites. The quality and dependability of these third party web sites may vary as they are updated or altered, and First Bank of Newton does not accept responsibility for monitoring or testing the quality or dependability of such third party sites. Access to any third party web sites linked to this Site is at the User's own risk. First Bank of Newton shall not be considered an agent of any third party and First Bank of Newton shall have no responsibilities nor liabilities to any User regarding any action, omission, or warranty of any kind concerning any third party, its products, services or information. By providing hypertext links, icons, marks or other information of a third party, or by advertising on the web pages of a third party, First Bank of Newton does not endorse, and shall have no obligation or liability concerning, such third party's delivery, or non-delivery of its respective goods, services or information, or the accuracy, adequacy, reliability, completeness or timeliness of such goods, services or information. With regard to services or products purchased, obtained or delivered by or to the User by a third party provider, First Bank of Newton makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such service and products and First Bank of Newton specifically disclaims all other warranties with regard to said services and products. Additional disclosures and agreements relating to specific products and services of third party providers are available from the site of the third party. Before dealing with any third party, the User should read, understand and be satisfied with the terms and conditions of such third party related to its products, services or information.
Access to Site
Certain products and services available on the Site, including First Bank Online Banking and First Bank Business Internet Banking, require password(s), user id's, electronic signatures, authentication certificate(s) or other authentication procedures to assist in attributing an electronic record to a User ("Access Authentication"). Such Access Authentication may be revised by First Bank of Newton or a third party provider from time to time without prior notice to User. User shall be solely responsible for controlling and safeguarding its Access Authentication to prevent disclosure to unauthorized person(s). You can change your password as often as you like. It is best to periodically change your password. Do not display your password at or near your computer. Do not use numbers or names that others can guess for your password. No First Bank of Newton person will ever need to know your password and you should not furnish it to anyone claiming to represent First Bank of Newton. You should exit First Bank of Newton Online Banking, or any other secured site, as soon as you complete your transaction. Do not leave your computer with your account information on the screen. It is recommended that you close your browser after signing off from First Bank of Newton Online Banking, or any other secured site, to clear account information from your browser's memory. You should treat your Access Authentication as a valuable financial asset and be diligent in safeguarding it from disclosure to unauthorized person(s). User shall be responsible for all use of the Site accessed through User's Access Authentication. User hereby ratifies and guarantees any obligation or transaction entered into or assumed by others who access the Site through User's Access Authentication. User agrees to promptly notify First Bank of Newton, or the applicable third party provider, of the loss or theft of User's Access Authentication.
Access to Site by Aggregator or Other Agent of User
If you share your user id and password with others, such person(s) will be deemed to be your authorized agent(s) for accessing the products and services on the Site, and you will be solely responsible for all transactions they conduct, even if those transactions are beyond the scope of the agreement you have with your agent. This includes any information obtained or transactions conducted by an Aggregator, or person(s) who obtain your user id and password through an Aggregator. An Aggregator uses a method called screen scraping to collect your Internet account information from various sources and consolidate it in one place. You will be asked to provide your user ids and passwords for your Internet accounts to the Aggregator to be maintained by the Aggregator and used to access your Internet accounts. Whether or not to use an aggregation service is a decision requiring careful review of the risks and of the specific Aggregator providing the service. Since your confidential user id, password and account information will be stored with the Aggregator, it is essential that you have confidence in the Aggregator and its security, and be satisfied with the terms of the Aggregator's privacy policy and user agreement. First Bank of Newton is not an Aggregator.
Transmission of Information to Bank
Any communication or material you transmit to us via the Site or Internet electronic mail becomes the property of First Bank of Newton and may be used by First Bank of Newton for any purpose within the limits of our Privacy Policy. You may not transmit any obscene, libelous or defamatory messages to us. All communications you send to us may be shared by First Bank of Newton with any of its affiliates unless you notify us to the contrary.
Governing Law
The Site is operated by First Bank of Newton from its headquarters in the State of Kansas. First Bank of Newton makes no representation that the information contained in the Site complies with the laws of any other jurisdiction. The use of the Site is governed by the laws of the State of Kansas without regard to principles of conflicts of laws.
Termination of Service
First Bank of Newton reserves the right to deny or terminate User's access to or use of the Site, or any service or product, in First Bank of Newton’s sole discretion, without notice and without limitation, including, but not limited to User's breach of any provision of this User Agreement or any additional agreement relating to a specific product or service, or discontinuance of First Bank of Newton access to any product or service from any third party provider.
Change in User Agreement
First Bank of Newton may revise this User Agreement at any time, effective upon posting the revised User Agreement on the Site. Continued access or use by User of the Site after posting of the revisions by First Bank of Newton, shall constitute User’s acceptance and agreement to the changes in the User Agreement.
(11/05)
MENU OF DISCLOSURES & AGREEMENTS:
• Internet User Agreement
• Deposit Account Agreement
• Truth In Savings
• Customer Identification Program (CIP)
• Funds Availability Policy
• Equal Housing Lender
• Check Card/Direct Banking Cash Card Cardholder Agreement
• Electronic Funds Transfer Agreement And Disclosure
• What You Should Know About Home Equity Lines of Credit
• Important terms of the First Advantage Home Equity Line of Credit
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