This web site ("Site") and the products and services of First American Bank ("FAB") available via this Site (collectively with the Site, the "FAB Products") are provided subject to the terms set forth herein. By using any aspect of the Site, you agree to be bound by these Terms of Service.
FAB may make changes at any time to the FAB Products or these Terms of Service. Any modifications to these Terms of Service will be effective upon posting. You should periodically re-check these Terms of Service to apprise yourself of any modification, revision or update. Your continued use of the FAB Products following posting of any revised Terms of Service will constitute acceptance of the modified Terms of Service.
Use of the FAB Products
You may use the Site as a resource for information about FAB and the FAB Products. You may download, view, copy and print information, documents and other materials on or from the Site: (a) solely for personal, informational, and non-commercial purposes; and (b) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You are solely responsible for any actions you take in connection with your use of the FAB Products and for all data, information or other material ("Data") you share via the Site.
You may not reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using "framing" technology, or otherwise distribute or commercially exploit in any way the Site or any portion of the content of the Site, without the prior written consent of FAB. You may not link to this Site without the permission of FAB. You agree not to store, upload or transmit on, to or via the Site any Data which: (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is defamatory, libelous, or unlawfully threatening; (c) is known by you to be false; or (d) otherwise violates any applicable treaty, law or regulation. You agree you will not upload or transmit on, to or via the Site any Data containing a virus, worm, Trojan Horse or any other contaminating or destructive feature. You agree you will not interfere, in any way, with others' use of or access to the FAB Products and will not attempt to gain unauthorized access to the account, computer system or Data of any other FAB Products user.
In addition to the foregoing, you are prohibited from: (a) doing any act which you have reason to know may disrupt the functionality of the Site; (b) translating, decompiling, reverse engineering or otherwise attempting to gain access to the source code of any software contained on the Site (the "Software"); or (c) using the Site in any manner which would violate any local, state, national or international law. Without limiting the foregoing, some of the Software may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list; or (c) the U.S. Commerce Department's Table of Denial Orders. If you use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
All components of the FAB Products are available to all persons. However, you may not be eligible for all the FAB Products and FAB reserves the right to determine your eligibility for any FAB Product.
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of FAB. All content on this Site, including design, text, graphics, logos, button icons, images, software and video or audio clips; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to FAB or its licensors and are protected by copyright and other intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of FAB and are likewise protected by copyright and other intellectual property laws.
The terms of FAB's Privacy Disclosure are hereby incorporated as part of these Terms of Service.
Security and Confidentiality
FAB requires its customers to enter an Internet Banking Access Number ("Access Number") and Personal Identification Number ("PIN") to access the Internet Banking pages in addition to using a secure Internet browser.
- Do not give to anyone your account information, Access Number or PIN.
- Never leave your account information out in an open area accessible by others including your PC screen.
- Do not utilize shortcuts that retain your Access Number or PIN in your PC.
- Never send privileged account information (for example, account number or PIN) in any public or general e-mail system.
- Never leave your PC unattended while you are logged onto the Site. Wireless Internet devices, such as PHD's and cellular phones with Internet access, may be susceptible to signal interception by unauthorized users. It is recommended that you do not use wireless products to access any part of FAB's Internet Banking.
- Under NO circumstances will FAB or its employees request your PIN via the Internet. DO NOT respond to such a request even if the individual claims to represent FAB.
Again, e-mail transmissions generally are not secure. FAB directs that you do not send FAB or ask for sensitive information such as account numbers, passwords, financial information, etc. via any e-mail system. Please contact FAB by telephone or in person for these matters.
Third Party Advertisements and Links
FAB Site users acknowledge that FAB provides links to third party sites. FAB is not responsible for the contents of such links or sites, any products, services, privacy policies or other materials relating to or accessed via such links or sites. The display of any link does not imply endorsement by FAB of the linked site or any content found thereon. IN NO EVENT WILL FAB BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.
Children Online Privacy Protection Act
This Site does not intend to market any FAB products or services to children. FAB does not knowingly gather or solicit data from children through this Site, and by using this Site you represent that you are at least 18 years of age.
Modification or Discontinuance of the FAB Products by FAB
At any time, without notice to you, and for any or no reason, FAB may modify or discontinue all or any part of the FAB Products. FAB shall in no way be held liable for any consequence which results from FAB's decision to modify or discontinue providing all or any part of the FAB Products.
Disclaimer of Warranties
WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION. NOTWITHSTANDING THE FOREGOING, THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE (INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY FAB "AS IS." FAB MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON OR LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR WARRANTIES THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAB RECOMMENDS THAT YOU ROUTINELY SCAN YOUR COMPUTER EQUIPMENT FOR VIRUSES. IN ADDITION, ALTHOUGH FAB BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, FAB CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND FAB IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH BELOW, SO THE EXCLUSION AND LIMITATION SET FORTH HEREIN MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Disclaimer Related to Third Parties
BY USING THE FAB PRODUCTS, YOU MAY BE PERMITTED TO ACCESS PRODUCTS AND SERVICES WHICH ARE PROVIDED BY THIRD. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL FAB, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER CONTACTED VIA THE SITE BE RESPONSIBLE FOR (A) ANY INFORMATION CONTAINED ON OR OMITTED FROM THE SITE, (B) ANY PERSON'S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE, (C) THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE, WHETHER OR NOT BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USE OF THE SITE. FAB AND ITS AFFILIATES ALSO HAVE NO RESPONSIBILITY FOR (X) ANY PERSON'S SATISFACTION WITH ANY THIRD PARTY PROVIDER, WHETHER RELATING TO THE THIRD PARTY PROVIDER'S COMPETENCE, DILIGENCE, OR OTHERWISE, (Y) THE RESULTS OF ANY ADVICE GIVEN BY, REPRESENTATION FROM OR PRODUCTS OF ANY THIRD PARTY PROVIDER, OR (Z) THE FAILURE OR REFUSAL OF ANY THIRD PARTY PROVIDER TO RESPOND TO OR CONSULT WITH YOU.
Limitation of Liability
IN NO EVENT SHALL FAB BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE FAB PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF FAB SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
You agree to indemnify and hold harmless FAB, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your use of the FAB Products; your violation of these Terms of Service, or your violation of any rights of any third party.
The laws of the State of Illinois will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Service or your use of the FAB Products shall be brought in state or federal court in Illinois, and you consent to the jurisdiction of such courts.
You may not assign or otherwise transfer these Terms of Service or any rights or obligations hereunder. FAB's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless FAB agrees to such waiver in writing.
If any part of these Terms of Service is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Service set forth the entire understanding between you and FAB with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and FAB with respect to such subject matter.
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