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©2011 First National Bank Fredericksburg. All rights reserved. Equal Housing Lender - Member FDIC
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Online Access Agreement and Electronic Fund Transfer Act Disclosure
This agreement is a contract that establishes the rules that cover electronic access to your accounts at First National Bank of Fredericksburg through Online Banking.
By using Online Banking, you accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the deposit agreements and disclosures for each of your First National Bank of Fredericksburg's accounts as well as your other agreements such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This agreement is also subject to applicable federal laws and the laws of the State of Pennsylvania. If any provision of this Agreement is found unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (expressed 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 subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and First National Bank of Fredericksburg's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement by their nature, would continue beyond the termination, cancellation or expiration of this Agreement.
Definitions: As used in this Agreement, the words "we," "our," "us," and "Bank" mean First National Bank of Fredericksburg. "You" and "Your" refer to the account holder authorized by Bank to use Online Banking under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through Online Banking. "Account" or "accounts" means your accounts at Bank. "Electronic funds transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your Bank accounts using Online Banking including bill payments. "Online Banking services" means the services provided pursuant to this Agreement, including the bill payment service. "Business Days" means Monday thru Friday. Holidays are not included.
Access: To use Online Banking, you must have at least one account with Bank, and access to Internet service. Access to your accounts through Online Banking will be based upon the identification of users and authority levels maintained at the Bank. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the account holder.
Online Banking Services: You can use Online Banking to check the balance of your Bank accounts, transfer funds between your accounts, make stop payment requests, pay bills from your account in the amounts and on the dates you request.
Hours of Access: You can use Online Banking seven days a week, twenty-four hours a day, although some or all Online Banking services may not be available occasionally due to emergency or scheduled system maintenance.
Your Password: For security purposes, you are required to change your password upon your initial first time login to Online Banking. The password, a minimum of 6 digits, maximum of 17 digits, is determined by the account holder and is not communicated to the Bank. 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. After three unsuccessful login attempts, the system locks the user out, requiring either a designated wait period or a phone call to the Bank to reset the password before reentry into the system. You may also click on “Forgot Your Password?” to have your password re-set, in which case you will receive an e-mail with your new temporary password.
We recommend that you create a unique access ID that utilizes both upper and lowercase alpha and numeric characters for purposes of security. 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.
Guidelines for Safe Online Banking Transactions: Online security begins with the authentication process, which generally involves one or more basic factors: Something the user knows (i.e., password, PIN); something the user has (i.e., ATM card, smart card, multi factor PassMark and PassPhrase on registered computers); something the user is (i.e., a fingerprint). FNB uses multi-factor authentication for online banking purposes.
FNB would not contact customers on an unsolicited basis and request your online banking credentials. Should you ever be contacted (via telephone, e-mail, etc.) by someone claiming to be an employee of FNB, DO NOT provide any such information. Instead, please contact FNB immediately. If you notice suspicious account activity or information security related events, please contact FNB immediately. Contact information is included at the end of this Disclosure.
Following is a list of Controls that may be implemented to help detect and prevent attacks:
Anti-malware software may provide a defense against “keyloggers” and “man-in-the-middle” or “man-in-the browser” attacks. Anti-malware software is used to prevent, detect, block, and remove adware, spyware, and other forms of malware such as “keyloggers”. It is important to note that anti-malware is generally signature based, and some advanced versions of malware continuously alter their signature.
Security: You understand the importance of your role in preventing misuse of your accounts through Online Banking and you agree to promptly examine your paper statement for your Bank 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. Your password and access ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Online Banking is encrypted in an effort to provide transmission security. Once the server session is established, the user and the server are in a secured environment. The server has been certified as a 128-bit encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the bank and customer is encrypted and can only be decrypted with the public and private key pair. Requests must filter through a router and firewall before they are permitted to reach the server. A router, a piece of hardware, works in conjunction with the firewall to block and direct traffic coming to the server. Notwithstanding our efforts to insure that Online Banking 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 read by others. FNB is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetermined virus may corrupt and destroy your programs, files and your hardware.
Transfers: Transfers initiated through Online Banking before 5:00 PM (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 5:00 PM (Eastern Standard Time) on a business day will be posted on the next business day. Transfers completed anytime during Saturday, Sunday or banking holiday will be posted on the next business day. Online Banking identifies transfers based upon the login ID of the user who made the electronic transfer. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers from your accounts in order to avoid overdrafts. Because regulations require First National Bank of Fredericksburg to limit preauthorized transfers (including Online Banking transfers), the following limitations apply: For a Savings Account you are not permitted to make more than six (6) transfers per statement cycle by preauthorized, automatic transfer, by telephone or Online Banking. If you are a Money Market Account holder you may not make more than six (6) transfers per statement cycle by preauthorized, automatic transfer, telephone transfer, Online Banking, check, draft, debit card or similar order to a third party. Please note: If there are not sufficient funds in the account, we cannot complete this transfer. However, future recurring transfers will not be impacted.
Overdrafts: 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 current disbursements, like ATM withdrawals, will have priority;
b. Electronic fund transfers initiated through Online Banking which would result in an overdraft of your account may, at our discretion, be canceled;
c. In the event electronic fund transfers initiated through Online Banking 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.
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.
Online Banking Bill Payment Service:. To use Bill Payment Service, you must agree to separate Terms and Conditions for Bill Payment Service. You must designate the Bank checking account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited the next business day. By using Online Banking bill payment service option, you agree that, based upon instructions received under your password, we can charge your designated account by transfer, "no signature required draft," or by debiting and remitting funds on your behalf. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.
Stop Payment Requests: To be effective, a stop-payment request must precisely identify the name of the payee, amount, check number, and date of the payment. You will incur stop payment charges as disclosed in the current fee schedule for applicable amount. A stop payment entered online before 5:00 p.m. will be placed on the item the following business day. If you need a stop payment placed on the item effective immediately, please call or visit one of our branch offices.
Stopping the payment of a check is different from the cancellation of a bill payment. Please see separate Terms and Conditions for Bill Payment Service for bill payment stop payment request information. The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service at (800) 877-8021. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The fee for each stop payment request will be the charge on the current fee schedule.
Periodic Statements: You will not receive a separate Online Banking statement. Transfers to and from your accounts using Online Banking will appear on the respective paper statements or e-statement for your bank accounts.
Change of Terms: We may change any term of this Agreement at any time. If the change would result in increased fees for any Online Banking 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 21 days before the effective date of any such 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 Bank web site or forward it to you by email or by postal mail. If advanced notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
Your Protections Under Regulation E (Electronic Funds Transfer Act): The protections afforded by Regulation E apply to consumer accounts. They do not apply to business accounts.
In Case of Errors or Questions about Your Electronic Transfers: Contact us as soon as you can, if you think your paper statement or e-statement is wrong, or if you need more information about a transfer listed on your paper statement or e-statement. We must hear from you no later than 60 days after we sent the FIRST paper statement or e-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.
4. If the suspected error relates to a bill payment, see Terms & Conditions for Bill Payment Service. You will need to tell us the account number used to pay the bill, payee name, the date the payment was made and payment amount.
If you contact us by telephone or by email, 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. 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 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.
ERROR RESOLUTION PROCEDURES - IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS Telephone us at (717) 865-2123 or write to us at: First National Bank of Fredericksburg 3016 S. Pine Grove Street, Fredericksburg, PA 17026
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:
1. If through no fault of ours, you do not have enough money in your account to make a transfer
2. If a legal order directs us to prohibit withdrawals from the account
3. If your account is closed, or if it is to be frozen
4. 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
5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation
6. If any electronic terminal, telecommunication device, or any part of Online Banking electronic fund transfer system is not working properly and you knew about the problem when you started the transfer
7. If you have not properly followed the on-screen instructions for using Online Banking
8. 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 may have taken
9. If you have not provided us with complete and correct payment information for the Bill Payment Service, including without limitation, the name, address, your payee-assigned account number, payment date and payment amount for the payee on a bill payment
Unauthorized Transfers: Contact us AT ONCE if you believe that your Online Banking PIN has been lost or stolen or you think that someone has transferred or may transfer money from your account without your permission. You can report a problem by calling us at 1-800-809-7949 or by writing us at 3016 S. Pine Grove Street, Fredericksburg, Pennsylvania 17026, Attention: Online Banking Department. However, telephoning is the best way of keeping your possible losses to a minimum. If you telephone us to report a problem, we also require you to put your claim in writing to us within ten (10) business days. The loss, theft, or unauthorized use of your LOGIN and PIN could cause you to lose all the money in your account (plus the money in any account linked for the purpose of overdraft protection). However, if you tell us within two (2) business days after you learn of the loss, theft, or unauthorized transaction, you can lose no more than $50 if someone used your Online Banking LOGIN and PIN to make a transaction without your permission. If you do NOT tell us within two (2) business days after you learn of the loss, theft, or unauthorized use of your Online Banking LOGIN and PIN, and we can prove we could have stopped someone from using your Online Banking LOGIN and PIN without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows a transfer(s) which you did not make, tell us at once. If you do not contact us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the 60th day, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we will extend the time periods to a reasonable time.
BILL PAYMENT ERROR RESOLUTION PROCEDURES - IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL PAYMENT ELECTRONIC TRANSFERS Telephone us at (800) 877-8021 or write to us at: First National Bank of Fredericksburg 3016 S. Pine Grove Street, Fredericksburg, PA 17026. See separate Terms and Conditions for Bill Payment Service.
Our Liability for Failure to Make a Bill Payment: The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Unauthorized Bill Payments: Contact us AT ONCE if you believe that your Online Banking PIN has been lost or stolen or you think that someone has transferred or may transfer money from your account without your permission. You can report a problem with bill payment by calling us at 1-800-877-8021 or by writing us at 3016 S. Pine Grove Street, Fredericksburg, Pennsylvania 17026, Attention: Online Banking Department. However, telephoning is the best way of keeping your possible losses to a minimum. If you telephone us to report a problem, we also require you to put your claim in writing to us within ten (10) business days. The loss, theft, or unauthorized use of your LOGIN and PIN could cause you to lose all the money in your account (plus the money in any account linked for the purpose of overdraft protection). However, if you tell us within two (2) business days after you learn of the loss, theft, or unauthorized transaction, you can lose no more than $50 if someone used your Online Banking LOGIN and PIN to make a transaction without your permission. If you do NOT tell us within two (2) business days after you learn of the loss, theft, or unauthorized use of your Online Banking LOGIN and PIN, and we can prove we could have stopped someone from using your Online Banking LOGIN and PIN without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows a transfer(s) which you did not make, tell us at once. If you do not contact us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the 60th day, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from notifying us, we may extend the time period.
Disclaimer of Warranty and Limitation of Liability: We make no warranty of any kind, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Online Banking services provided to you under this Agreement. We do not and cannot warrant that Online Banking will operate without errors, or that any or all Online Banking Services 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 services or products provided under this Agreement or by reason of your use of or access to Online Banking, 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 First National Bank of Fredericksburg exceed the amount paid by you for the services provided to you through Online Banking.
You are responsible for obtaining, installing, maintaining and operation of all computer hardware and software necessary for Online Banking and Bill Pay. The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.
Security: You have read our security statement and acknowledge that the electronic security measures used in your Online Banking transactions are reasonable and acceptable.
Our Right to Terminate: You agree that we can terminate or limit your access to Online Banking for any of the following reasons:
1. Without prior notice, if you have insufficient funds in any one of your Bank accounts. Online Banking service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon 3 business days notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your checking account.
3. Upon reasonable notice, for any other reason at our sole discretion.
Electronic messages from you to us, or from us to you, will be treated as written documents for any purpose a written document is needed. However, we can require written confirmation of messages or instructions if we choose, and may delay any executing transactions until we receive confirmation acceptable to us. We might do this, for example, if we think it will help protect you or us from fraud or a loss, but we can do so in other circumstances. Please Note: This is not a secure e-mail form. Please do not include account information or items of a confidential nature.
Mobile Banking Addendum To Agreement for Online Banking Services
This is an addendum to your Online Banking Services Agreement (“Agreement”) and sets forth the additional terms and conditions for use of the Mobile Banking Services offered through FNB FREDERICKSBURG to you. Except where modified by this Addendum, the Online Banking Services Agreement remains in effect. Terms defined in the Agreement that are not defined in the Addendum have the same meaning here. This Addendum and the Agreement constitute the entire agreement between us and you relating to Mobile Banking, supersede any other agreements relating to Mobile Banking, and may only be amended as provided in the Agreement. If there is a conflict between Agreement and this Addendum, the terms in this Addendum will govern your use of Mobile Banking.
I. ACCEPTANCE OF ADDENDUM.
A. Accepting this Addendum.
By clicking “I Agree” when you register for Mobile Banking Services or by using the Mobile Banking Services, you agree to the terms and conditions of this Addendum.
B. Description of Services.
Mobile Banking is a personal financial information management service that allows you to:
(i) access FNB FREDERICKSBURG account information such as balances and recent transaction history;
(ii) transfer funds between your accounts at FNB FREDERICKSBURG;
(iii) set up optional account alerts to be delivered either to your mobile phone using sms text messaging (standard text rates apply), and/or via email;
(iv) make payments to merchants and individuals who have previously consented to accept payments through our online bill pay service;
(v) and make other banking transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices.
Not all Mobile Banking Services are available on all types of mobile devices. See our Web site at www.fnbankonline.com for the most up-to-date list of Services.
We reserve the right to modify the scope of the Mobile Banking Services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.
C. Use of Services.
Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before using, and that you always use Mobile Banking in accordance with any online instructions that may be delivered to you. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”).
From time to time we may change, upgrade, or add new features to Mobile Banking. In the event of such changes, you are responsible for making sure that you understand how to use the updated or changed version of the Mobile Banking software. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.
D. Relationship to Other Agreements.
You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us and our affiliates. You also agree that you will continue to be subject to the Terms and Conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.), and that this Addendum does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services, and that your mobile service carrier is not the provider of Mobile Banking. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.
II. MOBILE BANKING SOFTWARE LICENSE AGREEMENT
Subject to any compliance with this Addendum, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you may be required to download and install the Software to that new or different Wireless Device.
B. License Restrictions/Revocation.
This License shall be revoked immediately upon any of the following conditions,
(i) your termination of Mobile Banking;
(ii) your deletion of the Software from your Wireless Device;
(iii) your noncompliance with this Addendum;
or (iv) written notice to you at any time, with or without cause.
In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device and/or discontinue use. We and our service providers (which includes, without limitation, any provider of Software such as Fiserv) reserve all rights not granted to you in this Addendum.
The Software shall be used solely in connection with Mobile Banking and may not be used by you for any other reason. You may not grant any sublicenses to the Software. You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Software, (ii) copy or reproduce all or any part of the technology or Software, or (iii) interfere, or attempt to interfere with the technology or Software. The Software does not include various third party operating systems and applications that will be required to use the Software. You will be solely responsible for such third party software. You acknowledge that the Software contains trade secrets and other proprietary and confidential information, whether or not the Software contains any copyright or other proprietary notice. You agree to take commercially reasonable precautions to protect the confidentiality of the Software. You (a) will not print, copy, or duplicate any portion of the Software, (b) will not alter any copyright notices on the Software, (c) will not make the Software available in any form to anyone except your agents for purposes specifically related to your authorized use, (d) will take appropriate action with any persons permitted access to the Software to inform them of the confidential nature thereof and to obtain their compliance with the terms of this Paragraph, (e) only will use the Software for your personal use and not for the benefit of any other person or entity, and (f) will comply with all of our procedures and requirements for use of the Software. The provisions of this Paragraph will survive termination of this Agreement.
III. YOUR OBLIGATIONS
When you use Mobile Banking to access accounts you designate during the registration process, you agree to the following:
A. Account Ownership/Accurate Information.
You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information. You also agree not to misrepresent your identify or your account information. You agree to keep your account information up to date and accurate. You agree that we and our service providers may send you, by sms text message, e-mail, and other methods, communications relating to Mobile Banking (with an opportunity to opt-out), including without limitation welcome messages, information and requests for information relating to use of Mobile Banking and other Online Banking services. You agree to use Mobile Banking carefully, to keep your password confident and secure and not share it with others, to check your statements and transactions regularly, to report any errors to us promptly by calling us at (717)202-3961 and to cancel immediately your participation in Mobile Banking if you observe any material errors in the mobile Banking Services.
B. Location-Based Information.
If you use any location-based feature for Mobile Banking you agree that your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If you wish to revoke access to such information you may cease using location-based features of Mobile Banking.
C. Export Control.
You acknowledge that the Software is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Software except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use Mobile Banking in any embargoed or sanctioned country.
D. Proprietary Rights.
You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.
E. User Conduct.
You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patents, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
F. No Commercial Use or Re-Sale.
You agree that the Mobile Banking Services are for personal use only. You agree not to resell or make commercial use of Mobile Banking.
You agree to indemnify, defend, and hold us and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of Mobile Banking, your violation of this Addendum, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.
IV. CHARGES FOR THE SERVICE
You agree to pay for Mobile Banking in accordance with our current fee schedule and as amended from time to time. We will advise you of any fee changes prior to implementing them. You authorize us to automatically charge your account for all such fees incurred in connection with Mobile Banking. In the future, we may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with our Schedule of Fees.
V. ADDITIONAL PROVISIONS
A. Mobile Banking Services Limitations.
1. Neither we, nor any of our service providers, including Fiserv, can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions.
2. Neither we, nor any of our service providers, including Fiserv, assume responsibility for any disclosure of account information to third parties, the timeliness, deletion, misdelivery or failure to store any user data, communications, or personalization settings in connection with your use of Mobile Banking.
3. Neither we, nor any of our service providers, including Fiserv, assume responsibility for the operation, security, functionality or availability of any wireless Device or mobile network that you utilize to access Mobile Banking.
4. You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information.
5. Information about activity is synchronized between the Mobile Banking software and our Website. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our website. Information available directly through our website may not be available via the Mobile Banking software, may be described using different terminology, or may be more current that the information available via the Mobile Banking software, including but not limited to account balance information. The method of entering instructions via the Mobile Banking software also may differ from the method of entering instructions through our website. We are not responsible for such differences, whether or not attributable to your use of the Mobile Banking software. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
B. Changes or Cancellation.
You may cancel your participation in Mobile Banking by calling us at (717)202-3928. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason including but not limited to, your non-use of Mobile Banking Services. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking.
C. Use of Data
We, and our service providers, will use information you provide for purposes of providing the Mobile Banking Services and to prepare analyses and compilations of aggregate customer data that does not identify you (such as the number of customers who signed up for Mobile Banking in a month).
D. Third Party Beneficiary.
You agree that our service providers may rely upon your agreements and representations in this Addendum, and such service providers are third party beneficiaries to this Addendum, with the power to enforce its provisions against you.
E. Limitations and Warranty Disclaimers.
We and our service providers disclaim all warranties relating to the Mobile Banking Services or otherwise in connection with this Addendum, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement. Neither we nor our service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if we or our service providers, as applicable, have been advised or, or have reason to know of, the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except to the extent prohibited by applicable banking regulations, under no circumstances will the total liability of us or our service providers to you in connection with the Mobile Banking Services or otherwise under this Addendum exceed $5,000.
Communication between First National Bank of Fredericksburg and You: Unless the Agreement provides otherwise, you can communicate with us in any one of the following ways:
Telephone: (717)865-2123 OR 1-800-809-7949
Postal: First National Bank of Fredericksburg, 3016 S. Pine Grove Street, Fredericksburg, PA, 17026