PLEASE
READ THESE TERMS OF USE CAREFULLY.
These Terms Of Use describe rules for visitors to this website located
at www.fnbwalker.com ("Site"). This Site contains information about
products and services authorized in the United States, and is intended
for an U.S. audience. If you live outside the U.S., you may see
information on this Site about products or services that are not
available or authorized in your country.
These Terms
of Use were last updated on 10/15/01. We may change these Terms
of Use at any time. Please review the Terms of Use each time you
visit the Site. By using this Site, it means you accept the Terms
of Use.
The terms "we",
"our" and "Bank" mean First National Bank of Walker, Walker, MN,
and any of its affiliates. "You" means you, the user of this Site.
USE
OF MATERIALS ON THIS SITE.
The materials on this Site belong to the Bank. There are some important
rules about copying these materials. You may download or print one
copy of the materials on this Site, but only for your personal,
noncommercial use. When you download or print a copy of the materials
on this Site, you must also include all copyright and other notices
that are in the materials, including the copyright notice on the
bottom of the page.
The materials
on this Site are protected by United States and foreign copyright
laws. If you use the materials in a way that is not clearly allowed
by these Terms of Use, you are violating your contract with us and
may be violating copyright, trademark, and other laws. In that case,
we automatically revoke your permission to use the materials and
you must immediately destroy any copies you have made. Title to
the materials remains with us or with the authors of the materials
contained on this Site. All rights not expressly granted are reserved.
LINKS
TO OTHER SITES.
This Site may contain links to websites not operated by the Bank.
We provide these links for your convenience, but we do not review,
control, or monitor the materials on any other websites. We do not
control or endorse this type of information. We are not responsible
for the performance of those sites or for your business dealings
with them. Your use of other websites is subject to the terms of
use of those sites, including the privacy policies of those sites.
ADVERTISING.
This Site may include advertisements for products or services offered
by other companies. The Bank may receive payment from these advertisers.
We do not allow advertisers to have any influence on the information
we provide. Although we believe you may find that information offered
by advertisers is helpful, the Bank does not endorse or guaranty
any product or service offered by advertisers. The Site includes
promotional material about the Bank's products and services.
YOUR
FEEDBACK, COMMENTS AND IDEAS.
While the Bank is pleased to receive feedback, comments and ideas
from visitors to this Site, we want you to understand that any information
that you submit through this Site will be considered non-personal,
non-confidential, and non-proprietary (other than personal financial
information, as that term is defined in the Gramm-Leach-Bliley Act
and our Privacy Policy). If
you transmit any ideas, information, concepts, know-how or techniques
or materials to us through this Site, you hereby grant the Bank
an unrestricted, royalty-free, irrevocable license to use, reproduce,
display, perform, modify, transmit and distribute them, and agree
that the Bank is free to use them for any purpose.
INDEMNIFICATION.
If you use or misuse this Site in a way that causes a lawsuit or
other claim of injury against the Bank, you have certain responsibilities.
You agree to defend, indemnify and hold the Bank harmless from and
against any claims, actions or demands, liabilities and settlements.
This indemnification also covers the Bank's officers, directors,
employees, agents, and suppliers. Your indemnification includes,
without limitation, the costs of reasonable legal and accounting
fees.
DISCLAIMERS
AND LIMITATION OF LIABILITY.
When using this Site, information will be sent over communication
channels that we do not control. As a result, we assume no liability
for or relating to the delay, failure, interruption or corruption
of any information sent as a part of your use of this Site. We cannot
and do not guaranty or promise that files available for downloading
through the Site will be free from infection, viruses, worms, or
other contaminating or destructive code that may damage your computer
files. You use this Site at your own risk. This Site and the materials
are provided on an "as is" basis.
THE BANK,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE
THAT NEITHER THE BANK NOR ANY PERSON OR COMPANY ASSOCIATED WITH
THE BANK SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE
OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS
PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT AND ANY
OTHER LEGAL THEORY. THIS PROTECTION COVERS THE BANK, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND ALL PROVIDERS MENTIONED ON THIS
SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE
DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL
LIABILITY OF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AND PROVIDERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO
THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00.
THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO
EVENT SHALL THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
OR PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN
THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY
USE OF THE SITE OR MATERIALS ARE EXCLUDED EVEN IF THE BANK, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
JURISDICTION
AND VENUE.
By using this Site, you agree that the only proper jurisdiction
and venue for any dispute with the Bank, or in any way relating
to your use of this Site, is in the state and federal courts in
the State of Minnesota, U.S.A. You further agree and consent to
the exercise of personal jurisdiction in these courts in connection
with any dispute involving the Bank or its affiliates, employees,
officers, directors, agents, and providers.
These Terms
of Use are governed by the internal substantive laws of the State
of Minnesota, without respect to its conflict of laws principles,
and the federal laws of the United States.
OTHER
RULES ABOUT THIS SITE.
Except as written in any other disclaimers, policies, terms of use,
agreements, or other notices on this Site, these Terms of Use and
the Privacy Policy are the complete agreement between you and the
Bank with respect to your use of this Site. You may be subject to
additional Agreements that may apply when you access particular
services or materials on certain areas in this Site (for example,
if you subscribe to the Internet Banking Service, you will be subject
to the Internet Banking Agreement and Disclosures), or by following
a link from this Site. Please read our Privacy Policy to learn how
we protect and use information that we gather through this Site.
The Bank may
modify or discontinue this Site, with or without notice to you.
You agree that the Bank will not be liable to you or any third party
as a result of such modification or discontinuation.
The sections
called "Disclaimers and Limitation of Liability," "Indemnification",
"Jurisdiction and Venue" and "Other Rules About This Site" will
survive termination of these Terms of Use. The Bank is headquartered
in Walker, Minnesota, in the United States of America. The materials
on this Site may not be appropriate in other countries. If you access
or download information from this Site from outside the United States,
you do so at your own risk and are responsible for obeying the laws
of your country.
If any provision
of these Terms of Use is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of
Use, which shall remain in full force and effect. No waiver of any
of these Terms of Use shall be deemed a further or continuing waiver
of such term or condition or any other term or condition.
If you have
questions or comments about these Terms of Use, please use the Contact
Us feature or send us a letter addressed by First Class Postage
Prepaid U.S. Mail or overnight courier to the following address:
First National
Bank of Walker
P.O. Box 520 Walker, MN 56484
Attention: Internet Banking Manager
NOTICES.
The Bank may deliver notice to you by electronic mail, a general
notice on this Site, or by written communication delivered by First
Class U.S. Mail to your address on record with the Bank. You may
deliver notice to the Bank by using the Contact Us feature, or by
letter addressed by First Class Postage Prepaid U.S. Mail or overnight
courier to the following address:
First National
Bank of Walker
P.O. Box 520 Walker, MN 56484
Attention: Internet Banking Manager
2554603\1
GENERAL
TERMS OF USE 
