Online Banking Terms of Service

Effective Date: November 1, 2013


Contents


I. General Description of these Terms of Service

a. Introduction to these Terms of Service

b. Your Consent to these Terms of Service

c. Your Consent to Electronic Delivery of these Terms

d. Relation to Other Bank Agreements

e. Compliance with Laws

f. Domestic Use Only

g. Definitions

II. Requirements for Using the Online Banking Service

a. Eligibility

b. Browser Requirements

c. Internet Connection and Other Data Connections

d. Email Address

III. Security of Your Account

a. Credentials

b. Verification of Personal Information

c. Fraudulent Emails and Websites

d. Interrupted Authenticated Sessions

e. Confidentiality of Online Banking Service

IV. Online Banking Service

a. Products and Services Offered

b. Service Levels

c. Account Transfers

d. Account History

e. Online Statements

f. Fees

g. Email Communications from the Online Banking Service

h. Email Communications from You

i. Terminating the Online Banking Service

V. Your Rights and Responsibilities

a. Protection of Credentials

b. Reporting Compromised Accounts

c. Protecting Yourself Online

d. Consumer Liability for Unauthorized Transfers

e. Consumer Error Resolution

f. Confidentiality

g. Indemnification

VI. Our Rights and Responsibilities

a. Our Responsibility for Processing Transactions

b. Transfer Processing Errors

c. Additional Security Procedures

d. Our Proprietary Rights

e. Disclaimer of Warranties

f. Limitation of Liability; Exclusion of Damages

VII. Other Terms & Conditions

a. Minors

b. Privacy Policy

c. Governing Law; Venue; Waiver of Jury Trial

d. Assignment and Delegation

e. Entire Agreement

f. Severability

g. Headings

h. Remedies


I. GENERAL DESCRIPTION OF THESE TERMS OF SERVICE

a. Introduction to These Terms

Please read these Online Banking Terms of Service ("Terms") carefully before using the services offered by The Fidelity State Bank and Trust Company, Dodge City, Kansas ("Bank"). These Terms set forth the legally binding terms and conditions for your use of the collection of services, software, and information provided by the Bank at www.fidelitybankdc.com (the "Online Banking Service"). These Terms apply to both consumer and commercial customers of the Bank. By using the Online Banking Service in any manner, you agree to be bound by these Terms.

Unless it would be inconsistent to do so, words and phrases used in these Terms should be construed so that the singular includes the plural and the plural includes the singular.

b. Your Consent to These Terms of Service

You agree to, and are deemed to have accepted, these Terms of Service upon your use of the Online Banking Service on or after the effective date of these Terms of Service. Further, by using any new products and services that are made available to you through the Online Banking Service, you agree to be bound by any terms and conditions that we communicate to you concerning such products and services.

The Bank reserves the right, at its sole discretion, to modify or replace these Terms by posting the updated terms at www.fidelitybankdc.com. It is your responsibility to check these Terms periodically for changes. Your continued use of the Online Banking Service following the posting of any changes to these Terms constitutes your acceptance of those changes.

c. Your Consent to Electronic Delivery of These Terms

By using the Online Banking Service, you consent to receive these Terms and any changes, amendments, or updates to these Terms electronically. The Bank may provide these Terms by posting them at www.fidelitybankdc.com. If you desire to withdraw your consent to receive these Terms electronically, you must discontinue your use of the Online Banking Service. This provision applies only to delivery of these Terms and does not affect your receipt of other communications or notices.

d. Relation to Other Bank Agreements

These Terms are in addition to, and supplement, the terms, conditions, rules, and regulations that apply to any of your Account(s) or other services of the Bank that you use. These Terms do not alter any terms and conditions of your Account Agreement(s) unless expressly altered herein. You acknowledge that you will read and understand your Account Agreement(s) before you use the Online Banking Service.

e. Compliance with Laws

You agree to refrain from using the Online Banking Service to conduct any activity that violates any laws of the State of Kansas or the United States. You understand that it is your responsibility to use the Online Banking Service in compliance with any and all export laws of the United States, including those laws governing the export of products and information containing encryption technology.

f. Domestic Use Only

We provide the Online Banking Service for use only within the United States. If you choose to access the Online Banking Service from locations outside of the United States, you understand and acknowledge that you do so at your own risk and that you are solely responsible for compliance with any laws of the United States or applicable local laws.

g. Definitions

The following definitions apply to these Terms:

"Account" means a Consumer Deposit Account, Consumer Loan Account, Commercial Deposit Account, or Commercial Loan Account as defined in these Terms.

"Account Agreement" means the agreement between you and the Bank that governs the use of your Account. If your Account is a Consumer Deposit Account or Commercial Deposit Account, the term Account Agreement includes but is not limited to the deposit account agreement, any funds availability agreement, any electronic funds transfer agreement or disclosure, our schedule of fees and charges, these Terms, and any other disclosures provided to you by the Bank at account opening or during the life of your Account. If your account is a Consumer Loan Account or Commercial Loan Account, the term Account Agreement includes but is not limited to the promissory note, any mortgage or security agreement, and any other disclosures provided to you by the Bank before or during the life of the loan.

"Authenticated Session" means the continuous period of time from the moment you successfully log in to the Online Banking Service using your Credentials until the moment you log out, or our software automatically times you out, of the Online Banking Service.

"Bank", "Us", "Our", and "We" refers to The Fidelity State Bank and Trust Company, Dodge City, Kansas, the financial institution holding your Accounts and providing the Online Banking Service under these Terms.

"Business Day" means Monday through Friday, except legal Bank holidays. All time references in these Terms refer to the Central Time Zone.

"Consumer" means a natural person that uses an Account primarily for personal, family, or household purposes.

"Consumer Deposit Account" means a deposit account (such as checking, savings, time deposit, or money market) owned by a natural person and used primarily for personal, family, or household purposes.

"Consumer Loan Account" means a loan extended to a natural person, the proceeds of which are used primarily for personal, family, or household purposes.

"Commercial Deposit Account" means a deposit account (such as checking, savings, time deposit, or money market) used primarily for business purposes.

"Commercial Loan Account" means a loan extended primarily for business purposes.

"Credentials" means your selected user identifier, selected password, and any and all other authentication procedures required or used by the Bank to verify your identity to the Online Banking Service. More information about Credentials is located in Section III (Security of Your Account) of these Terms.

"Online Banking Service" means the collection of services, software, and information provided by the Bank to you through an Authenticated Session at www.fidelitybankdc.com.

"You" and "Your" refers to each Account holder that uses the Online Banking Service and to each person that uses the Online Banking Service for that Account with the Account holder's permission.

II. REQUIREMENTS FOR USING THE ONLINE BANKING SERVICE

a. Eligibility

You must have an Account with us to use the Online Banking Service. If you are a consumer, you may use the Online Banking Service to access any Consumer Deposit Account on which you are an owner, joint owner, or authorized signer or any Consumer Loan Account on which you are a primary obligor. If you are a business, sole proprietorship, non-profit organization, trust, or other legal entity, you may access any Commercial Deposit Account established under your taxpayer identification number or any Commercial Loan Account on which you are a primary obligor. We reserve the right to limit the types of Accounts that you may access, and we may restrict access to certain Accounts for any reason and at our sole discretion.

b. Browser Requirements

In order to access the Online Banking Service, the Bank requires that you use a modern Web browser that supports, at a minimum, the following features: (a) 128-bit encryption; (b) JavaScript; and (c) HTTP cookies. Certain features of the Online Banking Service may require software capable of displaying portable document format (PDF) documents. You may verify that your browser is supported by the Online Banking Service by calling us during a Business Day. You are responsible for the cost of any hardware or software you need to access the Internet. Regardless of whether you use a Web browser with security features, the Bank cannot guarantee that the data transmitted by you to the Bank, or from the Bank to you, will not be intercepted by third parties.

c. Internet Connection and Other Data Connections

You are responsible for obtaining and maintaining adequate Internet access, and you are solely responsible for any Internet Service Provider fees and costs. You are also solely responsible for any cellular carrier network fees and costs, such as text messaging fees or cellular data charges, and any telephone carrier charges or other service provider charges that you may incur while using the Online Banking Service. Accessing the Online Banking Service from a public access internet connection, such as a library or public Wi-Fi hotspot, exposes you to additional risk and you should carefully weigh these risks before accessing the Online Banking Service. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. You understand that the Bank is not responsible for any computer virus, unauthorized interception, or related problems that may be associated with your use of the Internet in general or your use of the Online Banking Service via the Internet.

d. Email Address

You must have a valid email address to use the Online Banking Service and you are responsible for any fees and costs associated with obtaining and maintaining an email address. Should you change your email address for any reason, you agree to notify us immediately to ensure that communications between you and the Bank are not interrupted. If you do not immediately notify us, we will not be held liable for any adverse effects to your Account(s), or adverse effects to your use of the Online Banking Service, due to undelivered email or due to your inability to access your Account information over the Internet. You may notify us by either updating your email address within the Online Banking Service user profile feature or by contacting us during a Business Day.

III. SECURITY OF YOUR ACCOUNT

a. Credentials

Your user identifier, password, and any and all other authentication procedures required or used by the Bank and described in this subsection constitute your "Credentials". You agree that the Bank may add or modify its authentication procedures at any time and for any reason.

When you register for the Online Banking Service, you will select a user identifier and password for accessing the Online Banking Service. Your self-selected user identifier and password must meet certain requirements that the Bank will make available to you during registration.

To provide additional security for your Account, you will also be required to complete a multifactor authentication from time to time. In connection with this authentication procedure, we will transmit to you a one-time passcode by telephone, text message, or email. We will not request your Credentials or any other personal identifying information in connection with this transmission.

For the strongest available multifactor authentication, you should select authentication through your mobile phone or telephone. You must have a telephone number in the United States (Phone Code: 1) for multifactor authentication.

For your convenience, you may also select multifactor authentication through your email account, however, by so doing you acknowledge and assume the higher risk of validating your identity through an online session and email session potentially conducted on the same device. Further, if you are a commercial customer and select multifactor authentication through your email address, you acknowledge and agree that this security procedure was chosen by you after the Bank offered you the opportunity to use mobile phone-based or telephone-based authentication and you agree to be bound by any payment order, whether or not authorized, issued in your name and accepted by the Bank in compliance with the email-based authentication procedure.

The Bank also uses complex device identification as an additional means of confirming your identity. Device identification includes the use of cookies. By using the Online Banking Service, you expressly consent to the Bank's use of cookies on your computing devices.

b. Verification of Personal Information

You understand that the Bank reserves the right to verify any personal information you provide and reserves the right to make inquiries about you to the extent allowed by law and allowed under the Bank's Privacy Policy with regard to a request by you for a product, service, or customer assistance. (More information about the Privacy Policy is located in Section VII [Other Terms and Conditions] of these Terms.) If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to and use of the Online Banking Service and we have the right to refuse any and all current or future use of the Online Banking Service by you. You understand that it is your responsibility to provide true, accurate, current, and complete information when registering for the Online Banking Service and to maintain and promptly update the registration data to keep it true, accurate, current, and complete.

c. Fraudulent Emails and Websites

You understand and are aware that there a certain types of Internet scams, commonly referred to as "phishing" or "spoofing," in which an individual attempts to make you believe that you are receiving emails from a specific trusted source, or that you are securely connected to a trusted website, when in fact that is not the case. Many of these scams attempt to collect your personal and private information so that the perpetrators can commit credit card fraud, bank fraud, or other forms of identity theft and fraud.

You understand that you should always access the Online Banking Service by typing the URL www.fidelitybankdc.com directly into your Browser's address bar.

You understand and agree that the Bank will NOT send you email or simple message service (SMS) text messages asking for any of the following personal or private information to be returned to the Bank via email, and you will NOT return the following information via email in response to any email even if it purports to come from the Bank:

Your complete Account number with the Bank;

Your Social Security Number or Taxpayer Identification Number;

Any of your ATM card or debit card personal identification numbers (PINs);

Your user identifier, password, or other Credentials for the Online Banking Service;

Any other personal or private information.

We will never send an email requesting you click a link to update your account information. You agree to the following when viewing unsolicited email or SMS messages purportedly coming from us:

You will not trust email headers or SMS numbers because these types of information can be easily forged.

You will not fill out forms in email or SMS messages.

You will never click a link in an email or SMS message to access a site purported to be hosted by the Bank. You understand that you should access the Online Banking Service by typing www.fidelitybankdc.com directly in your Web browser's address bar.

You will only enter personal and private information if you are accessing a page within the Online Banking Service after you have started an Authenticated Session.

You will notify the Bank immediately if you believe that your Credentials have been transmitted to a website, device, or individual other than the Online Banking Service or Bank personnel, or have been otherwise compromised.

d. Interrupted Authenticated Sessions

If your Online Banking Service Authenticated Session is interrupted for any reason, you agree to log back into the Online Banking Service to determine if any pending transactions were processed. If you cannot reestablish a connection, or if you cannot ascertain the status of any previously entered Transaction, call us at (620) 227-8586 during a Business Day. To avoid a duplicate transaction, do not reissue a transaction after the interrupted Authenticated Session unless a Bank employee advises you to do so.

e. Confidentiality of Online Banking Service

We will take reasonable precautions to ensure that your information remains confidential and protected from unauthorized third parties. We will satisfy this obligation if we adhere to our regular security procedures and if third parties with whom we contract make comparable representations to us. Similarly, the third parties engaged by us will satisfy their obligations to maintain confidentiality of your information if they adhere to their regular security procedures. We will not be liable or responsible for any breach of confidentiality, except if the breach results solely from our gross negligence or willful misconduct.

IV. ONLINE BANKING SERVICE

a. Products and Services Offered

You can use the Online Banking Service to:

Schedule transfers between your deposit Accounts at the Bank, subject to any account restrictions described in your Account Agreement(s).

Transfer a payment to your loan Account from your deposit Account.

Obtain your Account balance(s). Your Account balance is generally current as of 3:00 p.m. of the previous Business Day and, therefore, may not include current transactions (such as deposited checks or debit card transactions). Your Account balance may show funds that have been credited to your Account but are not yet available for withdrawal.

Review the history of past transactions on your Account(s), including review of images of your checks after they have cleared if your Account has check-writing features. You may export transaction history for your further use.

Receive electronic delivery of your Account statement(s) instead of paper-based delivery.

Access other features as may be added at our sole discretion.

These activities are limited to the extent described in these Terms, your Account Agreement(s), and any additional terms and conditions outlined in product agreements or terms of service, including any applicable limitations on transfers from savings and money market deposit accounts.

b. Service Levels

Generally, the Online Banking Service is accessible 24 hours a day, seven days a week, except that the Service may be inaccessible for a reasonable period for system maintenance. Unscheduled downtime may also occur, and the Bank is not liable for failure to provide access due to a system failure, unforeseen acts, or other events. We may modify, suspend, or terminate access to the Service at any time and for any reason without notice.

c. Account Transfers

You may transfer funds through the Online Banking Service in any amount not to exceed the amount of available funds in the eligible Account. If there are not sufficient funds available in your Account on the scheduled date of a transfer, we may either refuse to act on your instructions or we may process the transfer and overdraw the Account. In either event, you are responsible for any non-sufficient funds (NSF) and overdraft charges that may apply as a result of your funds transfer instruction.

We will process a funds transfer on the same Business Day as your Online Banking Authenticated Session if we receive your instructions on or before 3:00 p.m. on a Business Day. If we receive your instructions after 3:00 p.m. on a Business Day, we will process the funds transfer on the next Business Day. If you schedule a fund transfer for a future date, we will process the transfer after 3:00 p.m. on that future date, if that future date is a Business Day. If the future date is not a Business Day, we will process the funds transfer after 3:00 p.m. on the next occurring Business Day following that specified future date. We will deduct the amount of your funds transfer from the Account on the date you instruct us to process the transfer.

If your Account is a loan, you may transfer funds to the Account to make a scheduled payment; however, you may not receive loan proceeds through the Online Banking Service. We reserve the right to disregard any instruction from you to disburse loan proceeds through the Online Banking Service.

If your Account is a time deposit, you cannot transfer funds to or from the Account using the Online Banking Service. We reserve the right to disregard any instruction from you to transfer funds to or from a time deposit through the Online Banking Service. If you have further questions, please call us at (620) 227-8586.

d. Account History

You may use the Online Banking Service to review the transaction history on your Account(s). The Online Banking Service will display transaction history for the past 180 calendar days. You may also use the Online Banking Service to review images of cleared checks on your Account(s). The Online Banking Service will display cleared checks for the past 90 calendar days. Transaction histories and check histories are provided for your convenience only; you should still maintain copies of your periodic statements for record-keeping purposes.

You may use the Online Banking Service to export your available transaction history in the comma-separated values (CSV) or open financial exchange (OFX) formats. While we will assist you with questions regarding exporting the information from the Online Banking Service, we are unable to provide support for any further use of the data. Questions regarding further use of the data should be directed to the applicable software vendor.

e. Online Statements

You can choose to receive online statement delivery instead of paper-based statement delivery for your eligible Account statements. Online statement delivery is subject to additional terms and conditions available at the time of registration for online statements and you acknowledge that you will read and understand these terms and conditions before completing your registration for electronic statement delivery.

If you select online statement delivery, you understand and acknowledge that you will thereafter receive all eligible statements and disclosures in electronic form. At our discretion, you may continue to receive certain notices and disclosures via traditional mail. You are solely responsible for downloading and archiving all statements and other information received electronically.

If you are a consumer, you may receive electronic statement delivery for any Consumer Deposit Account on which you are an owner or joint owner and are currently receiving a periodic statement. If you are a business, non-profit organization, trust, or similar entity you may receive electronic statement delivery for any Commercial Deposit Account established under your taxpayer identification number and on which you are currently receiving a periodic statement. We reserve the right to limit the Accounts for which you may receive online statement delivery for any reason and at our sole discretion. You understand that if you are a joint owner on an Account, only one of the owners will receive an electronic statement and by registering for online statement delivery you warrant and represent to the Bank that all owners or joint owners of the Account have agreed to your instructed delivery method.

f. Fees

The Bank does not charge a fee for accessing the Online Banking Service. However, you might incur fees and service charges depending on how you use the Service. For example, you may incur:

Scheduled deposit account fees and service charges;

For savings and money market deposit accounts, an excess transaction fee for each funds transfer made through the Online Banking Service that exceeds the regulatory limit for your account class;

A monthly fee or a reduction in your earned credit if a transfer reduces your balance below the levels required in your Account Agreement;

A research fee if you inquire about a transaction that occurred more than 60 days before the Business Day of your inquiry; or

Any other fee or service charge disclosed in your Account Agreement(s).

g. Email Communications from the Online Banking Service

As part of your registration for the Online Banking Service, you provide the Bank with your email address. We use your email address to deliver notices and other communications regarding your use of the Online Banking Service. You acknowledge and accept that email services may not be encrypted. Accordingly, the Bank will never include your Credentials or full account number in an email. However, we may include your name and truncated Account information, such as the last four digits of your Account. You acknowledge that transmission of your name and truncated Account information does not constitute transmission of personal and private information, and you authorize the Bank to send such information via email to the email address you specify for the Online Banking Service. The Bank will not be liable for losses or damages arising from non-delivery, delayed delivery, or wrong delivery of an email or for any actions resulting from your intentional or unintentional disclosure of an email to any unauthorized person.

h. Email Communications from You

You acknowledge and accept that email services may not be encrypted and, accordingly, you will never include your private or confidential personal information in an email to us. Due to the inability to verify identity via email, the Bank will not process instructions received via email.

We reserve the right, in our sole discretion, to provide the level of security we deem appropriate to safeguard our computer systems and network, including but not limited to firewalls, anti-spam filters, anti-virus or anti-spyware software, and blocking selected ports. Our security measures may result in the blocking, filtering, or non-delivery of a legitimate email. You agree that delivery and receipt of email is not guaranteed and there may be a significant delay in response from us. You agree to refrain from using email for time sensitive or otherwise important communications to us.

The Bank will not be liable for losses or damages arising from non-delivery, delayed delivery, or wrong delivery of an email; arising from inaccurate or incorrect content in an email from you; or resulting from or in connection with your disclosure of your private or confidential personal information through an email.

You agree to indemnify the Bank and the hold Bank harmless if the Bank acts with ordinary due care and in good faith in responding to any email purported to be sent by you. The Bank's use of its normal security procedures for maintaining confidentiality and security of information will constitute fulfillment of the Bank's obligations to exercise due care.

i. Terminating the Online Banking Service

Your use of the Online Banking Service will remain in effect until terminated by either you or us.

You may cancel the Online Banking Service at any time by notifying us of your intent to cancel by writing us at Fidelity State Bank and Trust Company, Attn: Online Banking Services Administrator, PO Box 1120, Dodge City KS 67801. This cancellation applies only to the Online Banking Service and does not terminate your other relationships with us. Your termination of the Online Banking Service will automatically terminate any pending transfers. Termination will not affect any of your liability or obligations arising under these Terms before the actual time of termination.

We may cancel the Online Banking Service at any time and for any reason. We will try to notify you in advance but we are under no obligation to do so.

V. YOUR RIGHTS AND RESPONSIBILITIES

a. Protection of Credentials

You agree that you are responsible for safeguarding the Credentials under your control, including but not limited to your user identifier, password, and computing device(s). You understand that we will rely on access via your Credentials as confirmation that you have authorized all activity conducted following such authenticated access to the Online Banking Service, including any debits or credits to your Account(s) and any charges or fees incurred by or through the use of the Online Banking Service. If you permit another person, including, for example, a family member or one of your employees, to use the Online Banking Service to access your Account(s), or if you give them your Credentials, you are responsible for all activity that person initiates through the Online Banking Service, even if that person exceeds the authority that you gave that person. You agree to defend, hold harmless, and indemnify the Bank from and against any and all claims of any nature arising out of the use of your Credentials by any person you have authorized, permitted, or enabled to have your Credentials, even if that person exceeds the authority you gave that person.

You understand and agree that you will not leave your Authenticated Session unattended while using the Online Banking Service, and that you will complete an Authenticated Session by logging out of the Online Banking Service. You understand and agree to notify the Bank immediately if your Credentials are lost, stolen, or compromised.

If you have a Commercial Account, you further agree that you are responsible for your own internal security to protect your business information. This includes, but is not limited to, using commercially sound and accepted business practices for the protection of your Credentials. You should also consider performing periodic risk assessments and controls evaluations of your banking activities.

b. Reporting Compromised Accounts

You should notify us immediately if you believe your Credentials have been lost, stolen, or comprised or if you suspect other fraudulent activity on your Account. To notify us call (620) 227-8586 during a Business Day or write us at Fidelity State Bank & Trust Company, Attn: Online Banking Administrator, PO Box 1120, Dodge City KS 67801.

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

c. Protecting Yourself Online

Before using the Internet, and periodically thereafter, you should analyze the risks of internet activity and consider ways for you to mitigate these risks. The Federal government provides the website OnGuardOnline (http://www.onguardonline.gov) that contains a variety of resources for consumers to manage online risks.

The Bank provides a link to OnGuardOnline for your reference; however, the Bank does not own or operate OnGuardOnline and the Bank cannot warrant the accuracy or appropriateness of any information contained therein.

d. Consumer Liability for Unauthorized Transfers

THIS SUBSECTION APPLIES ONLY TO CONSUMER DEPOSIT ACCOUNTS. Tell us AT ONCE if you believe your Credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two business days after you learn of the loss or theft of your Credentials, you can lose no more than $50 if someone used your Credentials without your permission.

If you do NOT tell us within four business days after you learn of the loss or theft of your Credentials, and we can prove we could have stopped someone from using your Credentials without your permission if you had told us, you could lose as much as $300.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days 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 telling us, we may extend the time periods.

e. Consumer Error Resolution

THIS SUBSECTION APPLIES ONLY TO CONSUMER DEPOSIT ACCOUNTS. If you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt, telephone us at (620) 227-8586 on a Business Day or write us at Fidelity State Bank and Trust Company, Attn. Online Banking Services Administrator, PO Box 1120, Dodge City KS 67801 as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When you contact us, we will need to know the following information:

1. Tell us your name and account number (if any).

2. Describe the error or the 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.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you 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 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 within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

f. Confidentiality

We will disclose information to third parties about your Account or the transfers you make:

Where it is necessary for completing transfers, or

In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or

In order to comply with government agency or court orders, or

If you give us your written permission.

g. Indemnification

To the maximum extent permitted by law, you agree to release, indemnify, defend, and hold harmless the Bank and its directors, employees, and agents from and against all damages, claims, liabilities, and expenses (including without limitation attorneys' fees and litigation expenses) brought by any person arising from or relating to your access and use of the Online Banking Service, including, without limitation, any claims alleging facts that if true would: (i) constitute a breach by you of these Terms; (ii) constitute infringement, misuse, or misappropriation of information, data, files, or other materials submitted by you to the Online Banking Service; (iii) constitute fraud or malicious conduct by you; (iv) constitute a violation by you of any law or rights of a third party; (v) constitute a claim for which you have agreed to provide indemnification elsewhere in these Terms or in another agreement with the Bank; or (vi) constitute a claim of damages for which you have agreed that the Bank is not responsible elsewhere in these Terms or in another agreement with the Bank.

VI. OUR RIGHTS AND RESPONSIBILITIES

a. Our Responsibility for Processing Transactions

We will exercise ordinary care in following the instructions we receive from you through the Online Banking Service, except that we will disregard instructions received after you have provided us written or telephone notice that your Credentials have been compromised and we have had a reasonable period to act on the notice from you. We will not be liable for processing errors resulting from instructions or information that is inaccurate, incomplete, not current, or lost in transmission. We have no liability or responsibility for the accuracy, completeness, or correctness of any data entered into the Online Banking Service by any party except us.

If we do not complete a transaction to or from your Account on time or in the correct amount according to these Terms, we will be liable for your actual losses, if any, as provided by applicable laws and regulations. However, there are exceptions to the Bank's liability. For example, and without limitation, the Bank is not liable if:

Through no fault of the Bank, you do not have enough money in your Account to make the transfer, or the Account has been closed.

A court order, such as a garnishment, or other legal process prohibits us from completing the transfer, or the Account is in dispute or is restricted for any other reason.

The Bank has placed a hold on any funds in your Account in accordance with the Bank's rights under applicable laws or any other agreements between the Bank and you.

The system was not working properly and you knew about the problem when you started the transfer.

Your operating system or software was not properly installed or properly functioning.

Circumstances beyond our control prevent the transfer, despite reasonable precautions the Bank has taken. These circumstances include telecommunication outages, power outages, equipment failures, delays caused by other financial institutions, and natural disasters such as fire or flood.

You have not properly followed these Terms for using the Online Banking Service.

We have received incomplete or inaccurate information from you or a third party involving an account or transfer.

We have a reasonable basis for believing that the unauthorized use of your Credentials has occurred or may be occurring.

You default under your Account Agreement, these Terms, or any other agreement between the Bank and you.

You exercise your right or the Bank exercises its right to terminate under this Agreement.

There may be other exceptions in addition to those listed above, as stated in any other agreement between you and the Bank or as permitted by law.

b. Transfer Processing Errors

Our sole responsibility for an error in a transfer will be to correct the error, but under no circumstances and under no legal theory, tort, contract, or otherwise, will we be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character, including without limitation, damages for loss of goodwill; loss of use, data, or profits; work stoppage; computer failure or malfunction; or any and all other commercial damages and losses. Under no circumstances will we be liable for any claim by any third party.

c. Additional Security Procedures

We reserve the right to implement additional security procedures, such as limiting the frequency and dollar amount of transactions from your Account, for security reasons.

d. Our Proprietary Rights

You acknowledge and agree that the Online Banking Service and associated software code contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. Except as provided in these terms and conditions, the information and materials may not be otherwise 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 our express written permission. Copyright in the images, text, HTML documents, and other documents appearing at www.fidelitybankdc.com is owned by us, or others as indicated. You acknowledge and agree that the information presented to you through the Online Banking Service by the Bank or third parties is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

e. Disclaimer of Warranties

Your expressly understand and agree that:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM THE COURSE OF PERFORMANCE, DEALING, CUSTOM, OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE PURPOSE), AND NON-INFRINGEMENT.

We make no warranty that:

o The Online Banking Service will meet your requirements;

o The Online Banking Service will be uninterrupted, timely, secure, or error-free;

o The results obtained through the Online Banking Service will be accurate or reliable;

o The quality of any products, services, information, or other materials purchased or obtained by you through the Online Banking Service will meet your expectations; or

o Any errors in software will be corrected.

Your use of the Internet is done at your own discretion and your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from your use of the Internet.

No advice or information, whether written or oral, obtained by you from the Bank or through or from the use of the Online Banking Service will create any warranty not expressly stated in these Terms.

Some states do not allow the exclusion of certain warranties; in such states, only the exclusions which are lawful in your jurisdiction will apply to you and the Bank limits all remaining warranties to the fullest extent permitted by law in your jurisdiction.

f. Limitation of Liability; Exclusion of Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

The use of, or the inability to use, the Online Banking Service;

The cost of procurement of substitute goods and services;

Statements or conduct of any third party on the Online Banking Service; or

Any other matter relating to the Online Banking Service or your use of the Online Banking Service.

Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; in such states, only the limitations which are lawful in your jurisdiction will apply to you and the liability of the Bank will be limited to the fullest extent permitted by law in your jurisdiction.

VII. OTHER TERMS & CONDITIONS

a. Minors

Use of the Online Banking Service by individuals under 18 years of age (a "minor") is prohibited without legal parental or guardian consent. If you have an Account and allow a minor to use your Credentials, you understand that you are responsible for all activity that minor initiates from or to any of your Account(s), even if that minor exceeds the authority you granted that minor.

b. Privacy Policy

Our Privacy Policy explains the Bank's practices relating to the collection and use of your information. The Privacy Policy is provided to you when you become a customer of the Bank and is also available at www.fidelitybankdc.com. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Online Banking Service you consent to the collection and use of this information as set forth in the Privacy Policy.

c. Governing Law; Venue; Waiver of Jury Trial

These Terms will be governed by and construed in accordance with the laws of the State of Kansas, without reference to the principles of conflicts of law. You agree to accept service of legal process by certified mail. YOU AND THE BANK CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FORD COUNTY, KANSAS, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THESE TERMS. If your use of the Online Banking Service is primarily for business purposes, you agree to waive trial by jury in any action brought with respect to these Terms.

d. Assignment and Delegation

You may not assign these Terms or delegate your rights and responsibilities under these Terms. We may assign these Terms or delegate any or all of our rights and responsibilities to any third party.

e. Entire Agreement

These Terms are the entire agreement between you and the Bank and supersede any previous discussions, proposals, or agreements, if any, between you and the Bank with respect to the subject matter of these Terms. These Terms are binding upon and inure to the benefit of you and the Bank and the respective legal representatives, successors, and permitted assigns of you and the Bank.

f. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be stricken and the remainder of these Terms will not be impaired or otherwise affected and will continue to be valid and enforceable to the fullest extent permitted by law.

g. Headings

Any headings used in these Terms are for convenience and reference only and will not affect the construction or interpretation of these Terms.

h. Remedies

No delay or omission by the Bank in exercising any rights or remedies under these Terms will impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy will not preclude further exercise of that right or any other right or remedy. No waiver will be valid unless signed in writing by us and any waiver by the Bank will not constitute a continuing waiver.

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