First Bankcard Online Agreement

PLEASE READ: BY ACCESSING FIRST BANKCARD'S WEB SITE YOU ARE AGREEING TO THESE TERMS. FIRST BANKCARD IS RELYING UPON THAT AGREEMENT IN MAKING THE SITE AVAILABLE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THE SITE.

COPYRIGHT 2002 FIRST BANKCARD. ALL RIGHTS RESERVED.

Copyright in all contents of the web site, including, without limitation, all pages and the screens displaying the pages for the web site, all information, documents, logos, graphics and other materials contained herein, and in their arrangement, is owned by First Bankcard. Trademarks or service marks of others that are referenced on First Bankcard's web site are the property of their respective owners. No part of these pages or screens may be copied (except as strictly necessary for you to view these materials on your own computer), republished, redistributed, modified, or otherwise used or exploited by you, without First Bankcard's prior written consent.

First Bankcard may claim trademark and/or service mark rights in marks used in the web site

This agreement describes the terms and conditions on which First Bankcard provides online services. In this agreement, "you" and "your" refer to each person named as applicants on an application or enrollment form for the services, who is a cardmember or who actually uses the services. These terms and conditions are in addition to the terms and conditions contained in the Cardmember Agreement provided to you and any other agreements or terms and conditions governing the products and services which you may have with First Bankcard (such other terms and conditions and agreements remain in effect).

1. Services

The services covered by this agreement are those that First Bankcard makes available to you from time to time. Currently, those services may include the ability to obtain and review credit card account information, to make your credit card payment online, to communicate with First Bankcard, and various other functions.

a. Service Availability

Services will generally be available 24 hours per day, seven days per week, except for scheduled maintenance. Currently, this means services will not be available from approximately 11:00 p.m. CT on Saturday evening to 2:00 a.m. CT on Sunday morning and from 1:30 a.m. to 2:30 a.m. CT on Tuesday through Saturday. Services may be unavailable at other times for security reasons, due to system problems, if phone lines are down, or for other reasons. First Bankcard reserves the right to change service hours at any time.

b. Limitations

These services and First Bankcard's other products and services are not necessarily available everywhere. Information about products and services which you do not already have with First Bankcard is provided for informational purposes only and should not be considered as an offer to make those products and services available to you. First Bankcard has no obligation to provide a product or service until: (i) First Bankcard receives and approves your application; and/or (ii) you have signed a separate written agreement in the form First Bankcard requires. In-person closings may be required for certain products.

c. Equipment

You are solely responsible for the equipment (including, your personal computer and software) that you use to access the services. First Bankcard is not responsible for errors or delays or your inability to access the services caused by your equipment. First Bankcard is not responsible for the cost of upgrading your equipment to stay current with services or in any circumstances for any damage to your equipment or the data resident thereon.

IT IS YOUR RESPONSIBILITY TO PROTECT THE SECURITY OF YOUR OWN COMPUTER SYSTEM AND TO PROTECT YOUR COMPUTER AGAINST VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

d. Credit Card Accounts

You may use the services to obtain information about certain credit card accounts of yours with First Bankcard, including your current credit card balance, transactions posted since your last credit card statement and items posted to your credit card account within the last 120 days. Please note that balance information is generally accurate as of the end of the prior business day and may not reflect pending transactions. Please also note that online transaction history for credit card accounts is limited; you may need to check the monthly credit card statements that First Bankcard has previously sent to you for information beyond the last day covered by the online transaction history.

e. Credit Card Payments

You may use the services to pay your First Bankcard credit card bill online every month using a checking or savings account that you specify. You must make your payment before the close of business on the payment due date or you may be assessed a late payment fee. Payments made after the close of business or on weekends or holidays will post to your credit card account the next business day. Please also note that payments made online will not affect any automatic payments you have set on your credit card account through the AutoPay program.

f. Cardmember Services

You may use the Services feature to request balance transfers, credit limit increases, PINs (Personal Identification Numbers), extra checks and Card Registry of America on certain credit card accounts of yours with First Bankcard.

g. Update Info

As an online credit card customer, you may use the Update Info feature to change your Password and to update your e-mail address online. For added security, you should change your Password once a month and avoid choosing easily verifiable information such as your name, birth date, address, etc.

h. Contact Us

As an online credit card customer, you may use the Contact Us feature for disputing items on your credit card statement and communicating with First Bankcard via e-mail. Action will not be taken based on an e-mail request until First Bankcard actually receives your message and has a reasonable opportunity to react. You should not consider a dispute received by First Bankcard until you receive a response from First Bankcard. If you do not receive a response to your dispute within two business days, you should resend your message or call a Customer Service Representative toll-free at the number listed in the Contact Us feature Monday through Friday 7:00 a.m. to 10:00 p.m. CT or Saturday 9:00 a.m. to 1:00 p.m. CT. You are also cautioned against using e-mail for the transmission of sensitive personal information. First Bankcard reserves the right to terminate services if e-mail is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex or national origin.

DO NOT USE E-MAIL TO NOTIFY FIRST BANKCARD OF LOST OR STOLEN USER IDS OR PASSWORDS.

 

2. User ID and Passwords; Security

Security of your transactions is important. Use of the services may therefore require a User ID and/or Password. If you lose or forget your User ID or Password, please call a Customer Service Representative toll-free at the number listed in the Contact Us feature, Monday through Friday, 7:00 a.m. to 10:00 p.m. CT or Saturday, 9:00 a.m. to 1:00 p.m. CT. Any instructions given through the use of your Password or User ID may be accepted as authentic. You may change your Password online and you should do so regularly. You agree to keep your User ID and Password secret and to notify First Bankcard immediately if your User ID or Password is lost or stolen or if you believe someone else has discovered your User ID or Password. You agree that if you give your User ID or Password to someone else, you are authorizing them to act on your behalf, and First Bankcard may accept any instructions they provide. First Bankcard does not assume any liability or otherwise guarantee the security of information in transit to or from its facilities.

Please note that First Bankcard reserves the right to: (1) monitor and/or record all communications and activity related to the services; and (2) require verification of all requested transactions in the manner First Bankcard deems appropriate (which may include written verification by you). If any unauthorized use of your User ID or Password occurs you agree to: (1) cooperate with First Bankcard and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested in recovering any unauthorized transfer of funds.

For more information, see Security in First Bankcard's Privacy Policy.

3. Termination of Service

If you want to terminate your access to the services, call a Customer Service Representative toll-free at the number listed in Contact Us Monday through Friday 7:00 a.m. to 10:00 p.m. CT or Saturday 9:00 a.m. to 1:00 p.m. CT. After your identification has been verified over the phone, services will be terminated. Services may be discontinued immediately upon receipt of your termination notice.

First Bankcard reserves the right to terminate services in whole or in part at any time, with or without cause and without prior written notice. First Bankcard also reserves the right to temporarily suspend services in situations deemed appropriate by First Bankcard, in its sole and absolute discretion, including when First Bankcard believes a breach of system security has occurred or is being attempted. Repeated incorrect attempts to enter your User ID or Password may be considered an indication of an attempted security breach.

Termination of services does not affect your or First Bankcard's rights or obligations under this agreement with respect to occurrences before termination.

4. Privacy Policy; Information Disclosure

First Bankcard respects your privacy. This means, among other things, that First Bankcard complies with applicable laws regarding use and disclosure of your personal information. See First Bankcard's Privacy Policy for further information.

5. Changes

First Bankcard may change the terms of this agreement at any time. You will be informed of any changes as and to the extent required by applicable law. Unless otherwise stated, changes will be effective immediately. In any event, your continued use of the services after a change will mean that you agree to the change; if you disagree with a change you may terminate the services as provided above.

6. Miscellaneous

a. Business Days

First Bankcard’s business days are Monday through Friday, excluding holidays.

b. Accuracy of Information

Although First Bankcard strives for accuracy, some information provided to you through the use of the services may contain technical or other inaccuracies or omissions, typographical errors, and may become outdated. First Bankcard may change its products, services, terms, conditions and pricing at any time without notice and without first updating the channels through which that information is provided to you (e.g., an automated phone system or web site). Nothing in those channels is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters.

c. Liability Generally

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW: (1) INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; AND (2) IN NO EVENT SHALL FIRST BANKCARD BE LIABLE FOR ANY DAMAGES WHATSOEVER WHICH ARISE OUT OF OR RELATE TO: (1) YOUR USE OF OR ACCESS TO (OR INABILITY TO USE OR ACCESS) THE SERVICES OR ANY RESOURCES ACCESSIBLE THROUGH THE SERVICES; (2) YOUR RELIANCE ON ANY INFORMATION PROVIDED HEREIN; OR (3) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, OR LOSS OR DELAY IN TRANSMISSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIRST BANKCARD SHALL HAVE NO LIABILITY FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA ON YOUR COMPUTER SYSTEM, REGARDLESS OF WHETHER FIRST BANKCARD CENTER WAS ADVISED OF THE POSSIBILITY THEREOF. FIRST BANKCARD DOES NOT GUARANTEE THE SECURITY, PRIVACY OR INTEGRITY OF INFORMATION THAT YOU MAY TRANSMIT OR RECEIVE OVER THE INTERNET. THE FOREGOING SHALL NOT BE DEEMED TO DISCLAIM LIABILITY SPECIFICALLY IMPOSED ON FIRST BANKCARD BY STATUTE OR REGULATION, TO THE EXTENT SUCH LIABILITY CANNOT BE WAIVED OR DISCLAIMED.

d. Other Products

Resources, products and services provided by parties other than First Bankcard but accessed through the services (such as, but not limited to, access via links to other web sites from First Bankcard Center's web site) are not First Bankcard's responsibility and First Bankcard makes no representation whatsoever about them. The fact that First Bankcard has provided access to a third party resource, product or service does not mean that First Bankcard endorses it.

e. Information Submissions

The following does not apply to personal information that First Bankcard requests from you or information about your accounts that is subject to First Bankcard's Privacy Policy: First Bankcard does not want to receive your confidential or proprietary information through the channels provided for you to access the services. You should not send confidential information to First Bankcard (for example, through the e-mail capability of First Bankcard's web site). Any information you do send to First Bankcard will be deemed NOT CONFIDENTIAL OR PROPRIETARY. By sending First Bankcard any information, you: (1) grant First Bankcard an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (2) agree that First Bankcard is free to use any ideas, expressions of ideas, concepts, know-how or techniques that you send without compensation to you.

f. Credit Review; Third Party Contacts

You agree that First Bankcard may contact any source necessary and may obtain credit reports on you in connection with this agreement and the services. First Bankcard may also contact third parties (such as, but not limited to, merchants, other financial institutions, and entities to which First Bankcard provides credit card services) in connection with verifying your identification or creditworthiness and resolving problems with the services.

g. Waiver

No waiver of the terms of this agreement will be effective unless in a writing signed by an authorized officer of First Bankcard.

h. Assignment

You may not transfer or assign your rights or duties under this agreement.

i. Governing Law

Unless First Bankcard otherwise agrees in writing, this agreement, the services and all aspects of First Bankcard's relationship with you will be governed by Nebraska law. If any part of this agreement is invalid or unenforceable the remainder will stay in effect. Cards are issued by First Bankcard, a division of First National Bank of Omaha, and are governed by Nebraska law, regardless of where you live.

 

USE OF THE SERVICES IS OPTIONAL.