Online Banking

New User Agreement

First State Bank, Scottsbluff & Gering, NE
First State Bank of Colorado Springs a Branch
of First State Bank Scottsbluff, NE

Online Banking Agreement

(PLEASE SCROLL TO THE END OF THIS DOCUMENT AND SELECT AGREE OR DISAGREE TO PROCEED)

1. General:

This "Agreement" covers the use of First State Bank's Online Banking Service (the "Service") to obtain information about your Accounts, to transfer funds between your Accounts, and to request certain other bank services. It also contains the terms and conditions of the Service. This Agreement is a contract which establishes the rules which cover your electronic access to your Accounts at First State Bank (the "Bank") through the Bank's online system (the "System").

a. By using the System, you accept all the terms and conditions of this Agreement and indicate your consent to its terms. Please read and review it carefully. We recommend that you print this agreement for your records.

b. The terms and conditions of the deposit agreements and disclosures for each of your Accounts as well as any other agreements that you have with the Bank (loans, etc.) continue to apply notwithstanding anything to the contrary in this Agreement.

c. Users of the System should always check this Agreement for its revision date to make sure that they have reviewed the most recent version of this Agreement. The Bank may modify the terms and conditions for use of this site at any time. Modifications will be summarized at the beginning of the document.

d. This Agreement is also subject to applicable federal laws and the laws of Nebraska (except to the extent this Agreement can and does vary those rules or laws). If any provision of this Agreement is found to be unenforceable, all remaining provisions will continue in effect. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or later default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and the Bank, its successors and assigns. Certain obligations of the parties that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and the Bank with respect to its subject matter and there are no understandings or agreements relative to this Agreement which are not fully expressed in this Agreement.

2. Definitions:

a. "We," "our," "us," and the "Bank" mean First State Bank.

b. "You" and "your" refer to the holder of an Account authorized by the Bank to use the System under this Agreement and anyone else authorized by the holder of the Account to exercise control over the Account through the System.

c. "Account" or "Accounts" means your accounts at the Bank.

d. "Electronic Funds Transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, and transfers to and from your Accounts using the System.

e. The "System Services" means the services provided pursuant to this Agreement.

f. "Business Days" means Monday through Friday. Bank holidays are not included.

g. "Customer Service" means the Bank's Online Customer Service department which is responsible for providing assistance with your use of the Service. The phone numbers for Customer Service are:

Nebraska Calls: (308) 632-4158

Colorado Calls: (719) 475-1776

Nebraska Fax: (308) 632-2928

Colorado Fax: (719) 475-0126

Email: Customerservice@fsbcentral.com

3. Scope of the Service:

The Service covered by this Agreement are those services that we make available to you from time to time and which permit you to perform various banking and related functions through the use of a personal computer. Currently, the Service includes the ability to obtain and review account information, to transfer money between your accounts with us and to communicate with us.

a. By requesting us to make a transfer through use of the Service, you are authorizing us to: (1) complete that transfer without the necessity of any further instructions or signature by you; and (2) deduct the amount of the transfer from your relevant deposit account. The Password that you use to gain access to the Service and request transfers acts as your signature.

b. Transfers initiated through the System before 4 p.m. Mountain Time on a Business Day (except for Friday where transfers must be initiated before 2 p.m. Mountain Time) are posted to your Account the same day and available the next Business Day. Transfers completed after that time or on a Saturday, Sunday or banking holiday, will be posted on the next Business Day and available in two Business Days. The System identifies transfers based upon the Access ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu options of the System will not reflect transfers made by multiple users from the same Account if different Access ID's are used. You agree to communicate with any other persons with authorized access to your Accounts concerning any transfers or bill payments from your Accounts in order to avoid overdrafts.

c. The number of transfers from Accounts and the amounts which may be transferred are limited pursuant to the terms of the deposit agreement applicable to each Account and disclosure for those Accounts. 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.

d. You may use the Service to obtain information about  your Accounts. Please note that balance information may not reflect outstanding checks, recent debit card or ATM transactions or recent transfers using the Service. Balances may also be subject to a hold (which will not necessarily be evident from the Service, but which you would have received written notice of when it was placed). Please also note that online transaction history for accounts is limited, and you may need to check the regular Account statements that we have previously sent you for information beyond the last day covered by the online transaction history.

e. The Service is available 365 days a year. However, it is necessary to interrupt the Service on a scheduled basis to perform periodic System maintenance. We will attempt to schedule these maintenance periods at a time most convenient to our customers. During maintenance periods, customers are notified of the maintenance activities by an informational screen that is displayed when attempting to access the Service. We may, at our discretion, extend the maintenance periods outlined above as necessary to complete more extensive maintenance, System upgrades, or to resolve Service problems.

4. Security and Protecting Your Account:

We are strongly committed to protecting the security and confidentiality of our customer Account information. We use state-of-the-art technology in the ongoing development of the Service to ensure this security. We use several different methods to protect your Account information:

a. You can only access the Service with certain browsers that have a high security standard.

b. You must have a valid "Access ID" and "Password" to sign in.

c. Only one Password per Access ID is allowed.

d. If no action is taken for 15 minutes, you will be automatically logged off the System.

5. Online Access:

a. Registration:  Customers can register in person at any Bank location,  or by signing the internet banking application and returning it to the bank.

b. Access ID:  You will be prompted to select an Access ID during your first online session. Your Access ID and Password identify and authenticate you to the Bank when you use the Service. Access ID numbers may only be obtained by customers who have existing Accounts with the Bank.

c. Your Password:  For security purposes, you are required to change your Password upon your initial login to The System. You determine what Access ID and Password you will use and the identity of your Password is not communicated to us. You agree that we are authorized to act on instructions received under your Password. You accept responsibility for the confidentiality and security of your Password and agree to change your Password regularly. Upon three unsuccessful attempts to use your Password, your access to the System will be revoked. To re-establish your authorization to use the System, you must contact us to have your Password reset or to obtain a new temporary Password. We recommend that you create a Password using the following guidelines:

(1) Utilize both upper and lower case alpha and numeric characters for purposes of security.

(2) Your Password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.

You can change your Password online at any time by selecting the Change Password option in our Options button. If necessary, Passwords can also be reset by calling Customer Service. However, any Password changed over the telephone will be "temporary" only, require an online reset at first use, and expire 30 days after issuance.  Your Password will be required to be changed every 90-days.

6. Your Responsibility:

You agree:

a. Not to give out your identifying information such as your Password to any other person. We may rely on your Access ID to identify you when providing banking services to you.

b. Never to leave your Account information displayed in an area accessible by others.

c. Never to leave your PC unattended while using the Service.

d. To always exit the System by clicking on "Home" in the upper left portion of the screen after using the Service.

e. To notify us immediately if you suspect that your Access ID or Password has become known to any unauthorized person.

You understand the importance of your role in preventing misuse of your Accounts through the System and you agree to promptly examine your regular Account statement(s) for each of your Accounts 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 Password and Access ID are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via the System is encrypted in an effort to provide transmission security and the System utilizes identification technology to verify that the sender and receiver of the System transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the System, or e-mail transmitted to and from us, will not be monitored or read by others.

7. Online Banking E-mail Communications:

a. In general, 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. We will not respond to Account information related questions sent via Internet e-mail. You agree that we may take a reasonable time to act on any e-mail.

b. 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 stop payment on a check you have issued), should be made by calling Customer Service at (308) 632-4158.

c. Unless you have instructed us otherwise, you agree that the Bank may send you electronic messages about other products or services we offer. You also agree that we may respond to any electronic message that you send us by electronic mail, such as responding to any claim of unauthorized Electronic Funds Transfer. Any electronic message sent to you by the Bank shall be considered as if it were sent by U.S. Mail, postage prepaid, and shall be considered received within three days of the date sent by the Bank, regardless of whether you sign on to the Service within that time frame.

8. Overdrafts (Order of Payments, Transfers, and other Withdrawals):

If your Account has insufficient funds to perform all Electronic Fund Transfers you have requested for a given Business Day, then:

a. Electronic Funds Transfers involving currency disbursements, like ATM withdrawals, will have priority;

b. Electronic Fund Transfers initiated through the System which would result in an overdraft of your Account may, at our discretion, be canceled;

c. In the event the Electronic Fund Transfers initiated through the System which would result in an overdraft of your Account are not canceled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that Account.

9. Disclosure of Account Information and Transfers:

You understand that information about your Accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your Accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as a credit bureau, in connection with the opening or maintaining of your Account or in connection with approving your access to the System. You agree and authorize all of these transfers of information.

10. Account Statements:

You will not receive a separate System statement. Transfers to and from your Accounts using the System will appear on your regular Account statements.

11. Change in Terms:

We may change any term of this Agreement at any time. If the change would result in increased fees for any portion of the Service, increased liability for you, fewer types of available Electronic Fund Transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any change, unless an immediate change is necessary to maintain the security of an Account or our Electronic Fund Transfer System. We will post any required notice of the change in terms on the System web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or the System, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of the Service indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to Accounts are governed by the deposit agreements and disclosures for those Accounts.

12. In Case of Errors or Questions about Your Electronic Transfers:

a. Contact us as soon as you can, if you think a regular Account statement is wrong, or if you need more information about a transfer listed on your regular Account statement. We must hear from you no later than 60 days after we sent the first regular Account statement upon which the problem or error appeared. When you contact us:

(1) Tell us your name and Account number.

(2) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.

(3) Tell us the dollar amount of the suspected error.

b. If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 Business Days.

c. We will communicate to you the results of our investigation within 10 Business Days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Account within 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 question in writing and we do not receive it in the form of a paper writing within 10 Business Days, we may not provisionally credit your Account.

d. If we decide that there was no error, we will send you a written explanation within 3 Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your Account.

13. Fees and Charges:

a. Currently, there are no monthly or transaction fees for accessing the System. We reserve the right to charge for online bill payment services when the function is added.

b. Fees separately disclosed to you in connection with your Accounts apply when using the System.

c. You are also responsible for telephone and Internet service fees you incur in connection with your use of the System.

14. Your Liability for Unauthorized Transfers:

a. You must contact us at once if you believe your Password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your Accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. A loss may mean the loss of all the money in your Accounts plus your maximum overdraft line of credit, if any.

b. If you contact us within 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 used your Password without your permission.

c. If you do NOT contact us within 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.

d. If a regular Account statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the regular Account statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If your delay in notification is due to extenuating circumstances, we may extend the times specified in the above paragraphs to a reasonable period.

DO NOT SEND NOTIFICATION OF LOST OR STOLEN PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.

15. Our Liability for Failure to Make a Transfer:

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 when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will not be liable, for instance:

a. If, through no fault of ours, you do not have enough money in your Account to make a transfer.

b. If a legal order directs us to prohibit withdrawals from the Account.

c. If your Account is closed, or if it has been frozen.

d. If the transfer 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.

e. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.

f. If any electronic terminal, telecommunication device, or any part of the System Electronic Fund Transfer system is not working properly and you knew about the problem when you started the transfer.

g. If you have not properly followed the on-screen instructions for using the System.

h. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

NOTWITHSTANDING ANY STATEMENT ABOVE TO THE CONTRARY, 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 SERVICE OR THE SYSTEM. WE DO NOT AND CANNOT WARRANT THAT THE SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ALL OR ANY PORTION OF THE SERVICE 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 SERVICE OR PRODUCTS PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE SYSTEM, 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. FURTHER, IN NO EVENT SHALL THE LIABILITY OF THE BANK AND ITS AFFILIATES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES PROVIDED TO YOU THROUGH THE SYSTEM.

16. Your Right to Terminate:

You may cancel the Service at any time by providing us with written notice by postal mail or fax. Your access to the System will be suspended within 3 Business Days of our receipt of your instructions to cancel the Service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

17. Our Right to Terminate:

You agree that we can terminate or limit your access to the System or the Service for any of the following reasons:

a. Without prior notice, if you have insufficient funds in any one of your Accounts. The Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.

b. Upon 3 Business Days notice, if you do not contact us to designate a new primary checking Account immediately after you close your primary checking Account.

c. Upon reasonable notice, for any other reason in our sole discretion.

18. Communications between the Bank and You:

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

a. E-mail: You can contact us by email (Please note that banking transactions through the System are not made via e-mail.)

b. Telephone:  You can contact us by telephone through Customer Service.

c. Facsimile: You can contact us by fax at the number specified above to the attention of Online Customer Service.

d. Mail: You can write to us at:

First State Bank
NE Online Customer Service Representative
P.O. Box 1267         
Scottsbluff, NE 69361

First State Bank of Colorado Springs
CO Online Customer Service Representative
1776 South Nevada Avenue         
Colorado Springs, CO 80906

e. In Person:  You may visit us in person at any one of our locations:

2002 Broadway, Scottsbluff, NE 69361

1540 10th Street, Gering, NE  69341

1776 South Nevada Avenue, Colorado Springs, CO 80906

19. Consent to Electronic Delivery of Notices:

You agree that any notice or other type of communication provided to you 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 System web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.

20. Terms and Conditions-Mobile Remote Deposit Capture

1. The Mobile Remote Deposit Capture service (Mobile Remote Deposit Capture) provides you the ability to access and make deposits to your designated eligible Accounts using the Software. The Mobile Remote Deposit Capture service is designed to take advantage of The Check Clearing for the 21st Century Act and its regulations (collectively "Check 21"). The Mobile Remote Deposit Capture service enables you to use a compatible handheld device to scan an image of original paper checks ("Original Checks") that are drawn on or payable through United States financial institutions (each a "Check Image") and to electronically submit the Check Image and associated deposit information to First State Bank from your home or other remote locations using the Software for deposit into a designated eligible Account for collection thereafter by First State Bank. A Check Image submitted to First State Bank electronically for deposit is not deemed received until First State Bank accepts and confirms receipt of your Check Image deposit.
2. Your use of the Mobile Remote Deposit Capture service is subject to the requirements:
To access the Mobile Remote Deposit Capture service you must have or acquire and maintain a compatible handheld device and a wireless plan from a compatible wireless carrier.
 You must request access to and qualify, and First State Bank must approve you, to use the Mobile Remote Deposit Capture service.
 You may scan and submit Check Images for deposit to First State Bank within the dollar limits ("Deposit Limits") established for you by First State Bank. First State Bank reserves the right to limit the frequency and dollar amount of deposits submitted through the Mobile Remote Deposit Capture Service. If you exceed the Deposit Limits established for you, First State Bank may in its sole discretion accept or refuse the Check Image deposit. If at any time, First State Bank accepts a Check Image deposit that exceeds your Deposit Limits, First State Bank will have no obligation to do so in the future. First State Bank may at any time at its sole discretion raise or lower your Deposit Limits.
 By requesting access to the Mobile Remote Deposit Capture service, you authorize First State Bank to provide you with access to all of the eligible accounts you designate to participate in the Mobile Remote Deposit Capture service. The following account types are currently eligible for the Mobile Remote Deposit Capture Service: checking, savings, and money market accounts.
3. Scanning and submitting Check Image deposits does not constitute receipt of the deposit by First State Bank. Generally, Check Image deposits received prior to 4:00 p.m., Mountain Time are processed on the Business Day of receipt. Any Check Image dedeposit received after this time or on Saturdays, Sundays, and holidays when First State Bank is closed will be processed on First State Bank's next Business Day. Acknowledgment that your Check Image deposit has been received by First State Bank does not mean that the Check Image deposit was received error free.
4. You may verify receipt and the amount of your Check Image deposit credited to your account by reviewing your statement online or by calling First State Bank customer service at 308-632-4158.
5. You agree that you will use the Mobile Remote Deposit Capture service 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 First State Bank. All other items may be deposited by alternate methods such as in person or by mail including a completed account deposit slip.
6. You understand that First State Bank is not obligated to accept for deposit any Check Image that First State Bank in its sole discretion determines to be ineligible for the Mobile Remote Deposit Capture service. Ineligible items include: Check Images of items drawn on banks located outside the United States, Check Images that are illegible, images of checks previously converted to Substitute Checks (as defined by Check 21), and Check Images with unreadable magnetic ink character recognition ("MICR") information. The quality of any Check Image must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. You acknowledge and agree that even if First State Bank does not identify a Check Image as ineligible, the Check Image may be returned to First State Bank because, among other reasons, the Check Image or any Substitute Check created from the Check Image is deemed ineligible by the financial institution upon which it is drawn or any intermediate collecting financial institution. First State Bank's failure to identify a Check Image you transmit to First State Bank as ineligible shall not preclude or limit your obligations.
7. You shall fully destroy each Original Check in your Check Image deposit thirty (30) days following receipt and crediting of your Check Image deposit or as First State Bank may otherwise instruct. Prior to destruction you shall maintain each Original Check in a secure location. You understand each Original Check must be fully destroyed following any retention period and that a paper shredder is one such method to assure destruction. You are responsible if an Original Check is misused following submission by Check Image deposit and its full destruction.
8. You make the following representations and warranties:
 You shall not alter any Original Check or Check Image and shall review the Check Image to ensure that it accurately represents all of the information on the front and the back of the Original Check at the time you scanned the Check Image.
You shall submit to First State Bank only Check Images that are suitable for processing, including, but not limited to, Check Images that are legible and contain machine-readable MICR data. You shall destroy the Original Checks as stated above.
You shall not submit to First State Bank or to any other person or entity for deposit or credit any Original Check if a Check Image of the Original Check has already been submitted and accepted for deposit into your Account with First State Bank or which you previously submitted to and was accepted by any other person or entity for deposit.
 You shall not deposit into your Account with First State Bank or any other deposit taking institution, or otherwise negotiate or transfer to anyone, any Original Check that you submitted as a Check Image deposit to First State Bank, unless following receipt of your submission, First State Bank notifies you that the Check Image is ineligible and not accepted for deposit or that the Check Image or any Substitute Check created from the Image is refused by the financial institution upon which it is drawn.
You shall indemnify, defend, and hold First State Bank and its agents from and against all liability, damage and loss arising from any claims, suits, or demands, brought by third parties with respect to any Check Image, Substitute Check, or Original Check processed through the Mobile Remote Deposit Capture service as described above
 You shall use the Mobile Remote Deposit Capture service only for your own personal, home office, or small business use in accordance with the terms of this Agreement. You shall not make the Mobile Remote Deposit Capture service available or transfer your rights to use the Mobile Remote Deposit Capture service for the benefit of any third party.

9. First State Bank will acknowledge receipt of your Check Image deposit submitted through the Mobile Remote Deposit Capture service and notify you if a Check Image is not eligible for deposit. First State Bank's ability to provide the Mobile Remote Deposit Capture service is conditioned upon the availability of the wireless or computer services and systems used in transmitting your requests and First State Bank's response. First State Bank shall not be liable or responsible for any loss or damage incurred due to the failure or interruption of the Mobile Remote 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 First State Bank's control.
10. The following provisions are applicable to Business Accounts. "Business Accounts" mean sole proprietorships, partnerships, limited liability companies, corporations, and other forms of business organization that are not "consumer" accounts and are not maintained primarily for personal, family, or household purposes.
o For Business Accounts using the Mobile Remote Deposit Capture Service, First State Bank is not responsible for any loss, injury or damage, whether direct, indirect, special, consequential, exemplary, economic or otherwise, caused by the Mobile Remote Deposit Capture service or the use of the Mobile Remote Deposit Capture service except as otherwise expressly provided for in this Agreement or by applicable law. By using the Mobile Remote Deposit Capture service to access your Business Accounts, you are responsible for any unauthorized use of the Mobile Remote Deposit Capture service and any loss or damages incurred due to the unauthorized access to your Business Accounts.
o If your deposit activity through the Mobile Remote Deposit Capture service exceeds your Deposit Limits, First State Bank reserves the right to disable your access to the Mobile Remote Deposit Capture service and provide you with information on other business banking electronic deposit options that may be available to you.
o If any person authorized access through the Mobile Remote Deposit Capture service to conduct transactions on any Business Account is no longer authorized, it is your responsibility to notify First State Bank. First State Bank shall not be liable or responsible to you for any transactions conducted on a Business Account by any person whose authority to conduct transactions is no longer in effect until First State Bank is expressly notified.
11. All fees and charges related to any Account you access with the Mobile Remote Deposit Capture service as stated in the applicable Fee Schedule for the Account will remain in effect when us

using the Mobile Remote Deposit Capture service. The monthly fees and charges, if any, for the use of the Mobile Remote Deposit Capture Service are found in the applicable Fee Schedule.
12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE 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 State Bank DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. First State Bank MAKES NO WARRANTY THAT THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THAT THE RESULTS OBTAINED FROM THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. IN NO EVENT WILL First State Bank BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGE ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE MOBILE REMOTE DEPOSIT CAPTURE SERVICE OR FOR ANY LOSS OF DATA, EVEN IF First State Bank HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
13. You agree that First State Bank may provide you with all disclosures, notices, and other communications about the Mobile Remote Deposit Capture service, and any future amendments or changes or additions to this Agreement, in electronic form. First State Bank will provide all future updates to the Agreement by posting the updated Agreement on the Website. At your request, First State Bank agrees to provide you with a paper copy of this Agreement. You may request paper copies of this Agreement by calling First State Bank Customer Service at 308-632-4158. Your consent to receive notices and updates in electronic form only will apply for as long as you use the Mobile Remote Deposit Capture service. You may withdraw your consent at any time by choosing to cancel the Mobile Remote Deposit Capture service. First State Bank may amend or change the terms and conditions stated in this Agreement (including changes in the fees and charges hereunder) by giving notice to you at least the minimum notice required by law or regulation before the effective date of the amendment or change. Amendments may include adding new terms or conditions and deleting existing terms and conditions. Prior notice need not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of the Mobile Remote Deposit Capture service or the safety of First State Bank's relationship with you or is otherwise required immediately by law or applicable regulation. First State Bank shall thereafter promptly advise you of any such change in writing.

 

Rev. No. 3