These Terms govern your access to and use of the Services, including any content, functionality and service offered on or through the Services.
“You” and “your” refer to any person who accesses or uses the Services, including that person’s employee or agent.
FBSW may change these Terms at any time. These Terms and any change to these Terms are effective upon posting. By continuing to access or use the Services after the time of posting, you agree to be bound by the most recent version of these Terms.
FBSW reserves the right to modify or terminate the Services or to terminate your access to the Services at any time.
1. Your Responsibilities
You are responsible for securing and understanding your end of your relationship with the Services. This includes, but is not limited to, the following:
- acquiring, paying for and maintaining your own technology and services,
- protecting passwords and other authentication credentials and procedures,
- using anti-virus, firewalls, software updates and other security software and technology,
- protecting technology such as computers, smartphones, wifi routers and internet connections from abuse,
- promptly investigating and responding to any notices suggesting unauthorized access or transactions,
- understanding the functionality and limitations of the technology you use,
- being alert to suspicious behavior or communications, such as emails or phone calls trying to trick you into installing malicious software, revealing information about yourself or your relationship with FBSW or taking steps that would help an unauthorized person abuse your relationship with FBSW.
2. Unauthorized Activities
In regards to the Services, you will engage in only appropriate use, access and conduct. By way of example, you will not do any of the following:
- use the Services in any way that violates law,
- attempt to hack or eavesdrop in the Services, or exceed authority within the Services,
- cause an unreasonable or disproportionately large processing load on the Services or the systems that support them,
- restrict or inhibit use of the Services by others,
- introduceor transmit any virus, worm, Trojan or other material that may harm or disrupt the Services or the systems that support them, or
- post or communicate offensive or objectionable material.
Unauthorized use or access of the Services is strictly prohibited.
You will not access the Services to test, scan, probe, inspect or investigate FBSW, its partners, the Services or the systems that support them, without explicit, written permission of FBSW.
If while violating this Section 2, you copy or gather any information or evidence, you must not use it, you must not disclose any of it to anyone and you must destroy all copies and records of it immediately.
FBSW may track, monitor, investigate and collect data about any use or access of the Services. FBSW may use or share such data, consistent with law.
4. Trademarks, Copyrights, and Restrictions on Use
All trademarks, service marks, trade names, trade dress and other intellectual property in the Services are proprietary to FBSW or their respective owners.
You may not copy, display, distribute, transmit, transfer, link to, frame, alter, decompile, reverse engineer or create derivative works of, any intellectual property in the Services except as is consistent with your transaction of bona fide banking business with FBSW.
5. Claims of Copyright Infringement, Other Violation of Law or Legal Demands
If you believe the Services infringe your copyright, violate some other law, or give rise to a right for you to make a legal demand, please send FBSW a paper-written notice by postal mail to FBSW’s headquarters address, attention Legal Department. Please explain your belief in detail.
6. Links to Third Party Services or Content
The Services may contain links or references to services controlled or offered by third parties. FBSW does not endorse, and disclaims all liability for, any third party content, products, services, security or privacy practices. Any advice, opinions, services, products, or recommendations provided by a third party are those of the third party and not of FBSW.
7. Registration Information
You may be invited to register at the Services. You will provide only true, accurate, current, and complete information about you and your organization.
8. Cookies and Transfer of Data
FBSW may collect and retain personal or other information about you or the technology you use to access the Services.
The Services are based in the United States. If you are accessing the Services from outside the United States, you may be subjecting yourself to law in the United States, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of the Services, you may transfer personal information to the United States. You consent to that transfer, and you consent to the application of law in the United States.
9. Disclaimers and Limitations of Liability
Due to the possibility of error and other factors, the Services (including all content, software, functionality, and materials), are offered by FBSW on an “as is,” “as available” basis, with no warranty of any kind—whether express, implied, or statutory—including, but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Neither FBSW nor anyone else warrants that the Services will be continued, uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the content, timeliness, sequence, accuracy, reliability or completeness provided through the Services.
Perfect security does not exist.
To the maximum extent permitted under applicable law, in no event shall FBSW be responsible for any loss of any kind related to the Services, including loss associated with defect in the Services or malicious software which may infect your technology.
To the maximum extent permitted under applicable law, in no event shall FBSW be responsible to you or anyone else for any direct, indirect, special, consequential, incidental, punitive, exemplary, lost profits, economic or other damages related to the Services, regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
Nothing herein shall be construed to limit or reduce FBSW’s non-negotiable obligations and responsibilities to customers under applicable law.
You agree to defend, indemnify, and hold harmless FBSW and its directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys’ fees, arising out of, relating to, or resulting from your violation of these Terms or misuse of the Services.
If you use the Services to access data related to any account(s) of which you are not the owner or authorized user, you shall indemnify, defend, and hold harmless FBSW from any and all losses, liabilities, damages, and related costs and expenses, arising from, relating to, or resulting from such access.
Indemnification in this Section 10 includes but is not limited to losses associated with (a) a security breach of your technology, and (b) a security breach of the technology of any person or entity acting on your behalf or with whom you provided or shared customer account data.
11. Not for Children
The Services are generally intended for individuals who are at least 13 years old. If you are under the age of 13, please do not access these Services.However, if you are under 13 and your parent or guardian opened an FBSW account for you, you may access the Services to use that account.
12. Disclaimer of Offer
FBSW does not offer products, services or information where prohibited by law.
These Terms are governed by the laws of the State of Texas, with the exception of its conflicts of laws provisions.
You and FBSW agree, to the maximum extent permitted by applicable law, to submit to the personal and exclusive jurisdiction of the state and federal courts located within Potter County, Texas and to venue in Amarillo, Texas.
You must give FBSW notice of any claim or cause of action (a “Claim”) arising out of or related to use of the Services within one (1) year after you became aware of the material facts and circumstances giving rise to such Claim. Any Claim must be filed within two (2) years after such Claim arose, or be forever barred.
If any term or provision of these Terms is unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
These Terms are subject to any other agreements you have entered into with FBSW.
FBSW may assign its rights and responsibilities under these Terms.
Each associated technology provider of FBSW is a third-party beneficiary of these Terms and is entitled to rely on the agreements and disclaimers in these Terms.
Date: April 2019