TO MAKE A CLAIM USING THE DIGITAL BANKING GUARANTEE:
If you are an individual customer or small business customer of FSBW using our DIGITAL BANKING, you must notify us of unauthorized activity within 60 calendar days after the date we sent the first statement on which the unauthorized activity appeared. We will respond to you within 10 business days after we receive your claim.
LIABILITY
First State Bank of Wyoming is responsible for complying with the terms of this Agreement. However we will not be liable:
NOTICE OF LIABILITY
You are solely responsible for controlling the safekeeping of, and access to, your Password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify us and arrange to change your Password. You will be responsible for any transaction that contains an error or is a duplicate of another transaction. FSBW is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communication facility, and no such party shall be deemed to be FSBW’s agent. In any event, FSBW will not be liable for any special, consequential, incidental or punitive losses, damages or expenses in connection this Agreement or Digital Banking, even if FSBW has knowledge of the possibility of them. FSBW is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond FSBW’s reasonable control.
SECURITY
You understand the importance of your role in preventing misuse of your accounts through Digital Banking and you agree to examine your statement for each of your bank accounts as soon as you are notified it is available or receive it in the mail. You agree to protect the confidentiality of your account and account number and your personal identification information such as driver’s license number and social security number. You understand that personal information by itself or together with information related to your account may allow unauthorized access into your account. Your password and login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via Digital Banking is encrypted in an effort to provide transmission security and Digital Banking utilizes identification technology to verify that the sender and receiver of the transmission can be appropriately identified by each other. Notwithstanding our efforts to ensure that Digital 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 monitored and read by others. We cannot and do not warrant that all data transfers utilizing FSBW Digital Banking, or e-mail transmitted to and from us, will not be monitored or read by others.
USER ID AND PASSWORD POLICY
User ID and passwords are both case sensitive. Your password must be complex to resist common hacking attempts. It is confidential and should not be disclosed to third parties. You are responsible for safekeeping your password. You may change your password at any time by clicking on “Preferences.” You should carefully select a password that is hard to guess. (We suggest that you stay away from names, dates, and information that may be easily guessed.) You agree not to disclose or otherwise make your password available to anyone. If your Password has been lost or stolen, call FSBW immediately at (651)462-7611, from 8:30 to 5:00 (Central Time) Monday through Friday. Telephoning is the best way to minimize your losses. If you believe your Password has been lost or stolen and you tell us within two business days after you learn of the loss or theft, you can lose no more the $50.00 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft or your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.00.
BANKING TRANSACTIONS WITH DIGITAL BANKING
In addition to viewing account information, you may use Digital Banking to conduct the following transactions:
New services may be introduced for Digital Banking from time to time. We will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules, which will be made available to you concerning these services.
FEES
Digital Banking access is a free service First State Bank of Wyoming provides to qualified customers. You agree to pay the fees and charges for your use of additional services as set forth in the current fee schedule. Fees for services such as Bill Payment, non-sufficient funds, research, and/or Stop Payment fees may apply. Please refer to the Fee Schedule for details.
STATEMENTS
All of your payments made through FSBW Digital Banking will appear on your account statement. The Payee name, payment amount and date of the debit will be reflected for each payment made through Digital Banking or the Bill Payment Service.
HOURS OF ACCESS
You can use Digital Banking seven days a week, twenty-four hours a day. Although some or all services may not be available occasionally due to emergency or scheduled system maintenance, we agree to post notice of any extended periods of non-availability on the FSBW website. FSBW specifically does not warrant that service will be available at all times. During these times you may use XPRESS Telephone Banking, an ATM or a Bank Branch to conduct your transactions (assuming you have applied for and been accepted to utilize such telephone and ATM services). A transfer initiated through Digital Banking before 6:30 p.m. (Central Time) on a business day is posted to your account the same day. All transfers completed after 6:30 p.m. (Central Time) will be posted on the next business day.
ERRORS OR QUESTIONS
In case of errors or questions regarding an Digital Banking Transfer, a Bill Payment transaction, or any error on your account history you may telephone or write us at:
First State Bank of Wyoming
PO Box 308
Wyoming, MN 55092
(651)462-7611
We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. Please include:
We will tell you the results of our investigation within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a foreign-initiated transfer) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a point-of-sale transaction or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if the transfer involved a point-of-sale transaction and 20 business days if the transfer involved a foreign-initiated transfer) 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. 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.
CONFIDENTIALITY
We will disclose information to third parties about your account:
Information concerning your account history with us will be shared with the employees of First State Bank of Wyoming as required in the course of business. Other information, including information you have given us as part of an application for one of our products or services, or information we have received from a credit bureau or other third party. Please refer to our Privacy Policy for further information.
CHANGE IN TERMS
We may change any term of this Agreement at any time. If the change would result in increased fees for any Digital 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 30 days before the effective date of any such change unless an immediate change is necessary to maintain the security of an account of electronic fund transfer system. We will post any required notice of the change in terms on the Digital Banking website or forward it to you be e-mail or postal mail if advance 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. Your continued use of any or all of the subject Digital Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.
INACTIVITY/TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the deposit accounts which you access using electronic banking services. We can terminate your electronic banking privileges (including the Bill Payment service) under this Agreement without notice to you, if you do not pay any fee required by this Agreement when due, or if you do not comply with the agreement governing your deposit or loan accounts, or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the services for any other reason.
We may convert your account to inactive status if you do not sign on to Digital Banking during any consecutive 90 day period. If your account is considered inactive, you must contact us to have Digital Banking reactivated.
To cancel Digital Banking you must notify us and provide your name, address, what service you are discontinuing and the effective date to stop the service. You may notify us by one of the following methods:
First State Bank of Wyoming
PO Box 308
Wyoming, MN 55092
You may be charged access fees by your cell phone provider based on your individual plan. Web access is needed to use this service. Check with your cell phone provider for details on specific fees and charges.
(f) Instant Payment Service. You may access your account(s)by computer or web-enabled cell phone (or other device)using your device to send instant payments through the P2P service. You may use this service to transfer funds within the United States to any other eligible account held by a financial institution that accepts payments through the service.
(g) Electronic Fund Transfers Initiated by Third Parties. You may authorize a third party to initiate electronic fund transfers between your savings or checking account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways.
(h) In addition to those limitations on transfers elsewhere described the following limitations apply:
You may be charged the following fees on your savings or checking accounts. Refer to your account specific Truth in Savings Disclosure for a complete list of account fees.
Amendments and Termination
We reserve the right to amend any terms in this disclosure and to terminate your card privileges upon giving written notice within a reasonable period of time in advance of the effective date of the amendment or termination. You may terminate your card privileges by notifying us and returning your card.
Financial Institution’s Liability
Liability for failure to make transfers. If FSBW does not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Confidentiality
We will disclose information to third parties about your account or transfers you make:
Unauthorized Transfers
Consumer Liability. Tell us at once if you believe your card and/or code has been lost or stolen, or (if your account can be accessed by check) 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 of the money in your account (plus your maximum line of credit). We will be liable for all unauthorized transfers unless the unauthorized transfer was due to the loss or theft of your card and/or code. If due to the loss or theft of your card and/or code, and you notify us within 60 days of when the unauthorized transfer appears on the statement you can lose no more than $50 if someone used your card and/or code without permission.
If you do NOT notify us within 60 days after the unauthorized transfer appears on your statement and we prove that we could have stopped someone from using your card and/or code, you could lose as much as $500 for unauthorized transfers that appear on the statement.
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 transmitted to you, you may not get back any money you lost after the 60 days if we 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 will extend the time periods.
Mastercard Debit Card
Additional limits on Liability for cards issued to consumers. You will not be liable for any unauthorized transactions using your Mastercard debit card if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us. In the even these additional limits do not apply (e.g.. if you failed to exercise reasonable care or failed to promptly notify us) the liability limits of Regulation E (described above) apply. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
The zero liability limit does not apply to cards issued to a business or entity (corp., LLC, partnership, et.) unless you are a ”small business” as described at www.mastercard.us/en-us.html.
Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at 651-462-7611. You should also call the number or write us if you believe a transfer has been made using the information from your check without your permission.
Right to Bring Civil Action
You may bring a civil action against any person violating any provision of Minnesota Statutes 47.69 (governing consumer privacy and unauthorized withdrawals).
If you prevail in such an action, you may recover the grater of your actual damages or $500.00. You may also be entitled to recover punitive damages, your court costs and reasonable attorney’s fees.
Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
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 (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (or 20 business days if the transfer involved a new account) 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. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.
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.
BILL PAY AGREEMENT/TERMS & CONDITIONS
This is your bill pay agreement with FIRST STATE BANK OF WYOMING. You may use First State Bank of Wyoming’s bill pay service, to direct the Bank to make payments from your designated checking account to the Payees you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account (the Account Rules).
“You” or “your” means each person who is authorized to use the service. “Payee” means anyone, including First State Bank of Wyoming, you designate and the Bank accepts as a payee.
How To Setup Payments
Complete a bill pay enrollment form. You may add a new fixed payment to a Payee, only if the Payee is on your authorized list of payees, and by accessing the Service and entering the appropriate information. Most other additions, deletions, or changes can be made in writing or by using the Service. First State Bank of Wyoming reserves the right to refuse the designation of a Payee for any reason.
Each Payee accepted by First State Bank of Wyoming will be assigned a payee code. You may pay any payee you wish in the US. First State Bank of Wyoming is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Payee or if you attempt to pay a Payee that is not on your Authorized Payee list.
The Bill Pay Process
Recurring Payments:
When a recurring payment is processed, it is automatically rescheduled by the system. Based upon your selected frequency settings for the payment, a process date is calculated for the next occurrence of the payment. If the calculated process date is a non-business date (generally weekends and certain holidays), it is adjusted based upon the following rules:If the recurring payment’s “Pay Before” option is selected, the process date for the new occurrence of the payment is adjusted to the first business date prior to the calculated process date.
If the recurring payment’s “Pay After” option is selected the process date for the new occurrence of the payment is adjusted to the first business date after the calculated process date.
Note:
If your frequency settings for the recurring payment specify the 29th, 30th, or 31st as a particular day of the month for processing and that day does not exist in the month of the calculated process date, then the last calendar day of that month is used as the calculated process date.
For Single and Recurring Payments:
You must allow at least five (5) business days, prior to the due date, for each bill payment to reach the payee. (For midwest subscribers, allow 7 days and for west coast subscribers, allow 8 days.) Any bill payment can be changed or canceled, provided you access the Bill Pay Service prior to cut-off time on the business day prior to the business day the bill payment is going to be initiated.
You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all bill payments requested, as well as, any other payment obligations you have to First State Bank of Wyoming. First State Bank of Wyoming reserves the right, without liability, to reject or reverse a bill payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and First State Bank of Wyoming has not exercised its right to reverse or reject a bill payment, you agree to pay for such payment obligations on demand. You further agree First State Bank of Wyoming, at its option, may charge any of your accounts with the Bank to cover such payment obligations.
First State Bank of Wyoming reserves the right to change the cut-off time. You will receive notice if it changes.
Liability
You are solely responsible for controlling the safekeeping of, and access to, your Personal Identification Number (PIN). You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you
want to terminate another person’s authority, you must notify First State Bank of Wyoming and arrange to change your PIN. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. First State Bank of
Wyoming is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. First State Bank of Wyoming is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Payee for a Bill Payment. First State Bank of Wyoming is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Bank’s agent. In any event, First State Bank of Wyoming will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. First State Bank of Wyoming is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution’s reasonable control.
Amendment and Termination
First State Bank of Wyoming has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Financial Institution’s records, by posting notice in branches of the Financial Institution, or as otherwise permitted
by law.
First State Bank of Wyoming has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Financial Institution. First State Bank of Wyoming is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by First State Bank of Wyoming on your behalf.
Bill Pay Fees
Bill Payment fees vary based on the type of checking account you have with First State Bank of Wyoming.
Go Green customers, Advantage, Advantage Plus & Prime Time Checking Customers: Bill Payment is a free service. You are allowed an unlimited number of payments. However, If you do not use the account for 3 months and you do not request the bill pay account be closed you will be charged a $4.95 per month inactivity fee.
Commercial Accounts: Enhanced Bill Payment Service offers additional security features. It is available at a cost of $14.95 per month for 20 payments, plus 50 cents per payment thereafter.
Additional Charges for Customer requested Services and Other Items
These charges will only be assessed if you request one or more of the services listed here.
There will be NO Charge for any item if needed to correct a Financial Institution error.
First State Bank of Wyoming reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.
Bill payments are processed by Electronic Fund Transfers (EFT). Please see the Electronic Fund Transfers Disclosure Statement included, or, received when you opened your account, which discloses important information concerning your rights and obligations.
E-STATEMENT SERVICES DISCLOSURE & AGREEMENT
Your consent is required before subscribing to First State Bank of Wyoming eStatements Service. The Electronic Signatures in Global and National Commerce Act (ESIGN) and other laws and regulations require us to obtain your affirmative consent to electronic delivery of your periodic statement, associated disclosures and notices required under Federal and/or State laws or regulations. Please read this eStatements Services Disclosure and Agreement carefully and save or print a copy for your records.
This service is an additional feature available only to those who use First State Bank of Wyoming’s Digital Banking. As a user of FSBW Digital Banking you are not required to subscribe to our eStatements Service.
Consent to Receive Electronic Statements:
If you consent to receive your personal/business checking or savings account statements, associated disclosures, and notices (that we now provide to you in printed form) in electronic form you are subject to all the terms and conditions of this agreement. Your electronic statements will contain the same content as the paper version supplied by the Bank. This information includes balances, account activity, electronic transfer information, images, documents and interest earned, if applicable.
Hardware and Software Requirements:
To use First State Bank of Wyoming Digital Banking and to receive your statements electronically, your computer must have access to:
You may not consent to receive your account statement(s) electronically under this agreement if you do not have the capacity to print or to retain the electronically delivered e-statements.
We will give you Notice of any change to these hardware and software requirements if the proposed change will adversely affect your ability to access, receive and retain subsequent electronic statements from us. You will have the right to withdraw your consent at that time.
Cancelling your Consent to Electronic Delivery:
If you agree to receive statements electronically, you have the right to cancel your consent at any time, at no cost to you unless it is a feature of the applicable deposit account. Cancelling this Agreement will result in First State Bank of Wyoming sending your paper account statements and disclosures to the address the Bank has on file.
You must comply with the following procedures to cancel your e-statement Service. Contact a Customer Service Representative at 651-462-7611, Monday through Friday during regular business hours or notifying us in writing at First State Bank of Wyoming, PO Box 308, Wyoming, MN 55092.
Your withdrawal of consent will be effective within 30 business days after the Banks receipt of your request.
Banks Right to Revoke Consent:
First State Bank of Wyoming reserves the right to change, suspend, or eliminate all or any aspect of the e-statements Services Agreement upon notice to you.
Receipt of Digital Statement:
We will be sending to your email address a notice that statements are available for viewing. Following the notification, you will need to access First State Bank of Wyoming’s website, www.fsbwyoming.com, using your normal Digital Banking login procedure. Your statements will be available to you through Digital Banking for one year to either print or to save electronically. The same terms apply with respect to electronically delivered bank statements as for those delivered in paper form. Deposit agreements and disclosures that you have previously received from First State Bank of Wyoming remain in effect. You are consenting to receive notice of future changes to deposit agreements and disclosures via electronic communication. You also agree to maintain an active email address in your First State Bank of Wyoming Digital Banking account for electronic notification purposes.
You also agree to following:
Request for copies of Paper Statements:
You have the right or option to have statements provided or made available on paper or in non electronic form. You may make this request of any statement and or other information received electronically under this Agreement by notifying us. All requests must include the applicable account number(s) and specific period(s) for which the statement is requested. Paper copies are available at our current Account Research Fee.
Liability:
First State Bank of Wyoming will not be responsible for consequential or incidental damages for First State Bank of Wyoming’s performance under this Agreement, damages arising from unauthorized access to First State Bank of Wyoming’s Digital Banking, damages arising from your inability to access your account e-statements, including computer, email and internet malfunctions, or any costs associated with updating, modifying or terminating your software or hardware.
Confidentiality:
You agree to maintain the confidentiality and security of your digital account login and password.
Verification/Confirmation of Electronic Access:
We will verify your ability to receive e-statements electronically by:
You acknowledge that you have read, understood, agreed and printed a copy of this Agreement. This Agreement is binding for all accounts, listed above, that you have opted to receive e-statement for. You can withdraw this request by sending a written request to the address noted above.
MOBILE DEPOSIT CAPTURE SERVICES TERMS AND AGREEMENTS
This Mobile Deposit Capture User Agreement contains the terms and conditions for the use of First State Bank of Wyoming Mobile Deposit Capture services that we may provide to you. Other agreements you have entered into with First State Bank of Wyoming, including the Deposit Account Agreement and Disclosures governing your First State Bank of Wyoming account, are incorporated by reference and made a part of this Agreement.
Services
The mobile deposit capture services are designed to enable you to take a snapshot of a check and deposit it into your checking account through the First State Bank of Wyoming Mobile Banking app.
Fees
This service is provided to you free of charge. We may with at least 30 days’ notice to you implement a fee for this service. If you continue to use the service after the fee becomes effective you agree to pay the fee, which may change from time to time. You are responsible for any fees that your wireless carrier may charge you. Service charges may be assessed for checks deposited in accordance with First State Bank of Wyoming’s Deposit Account Agreement(s).
Acceptance of these Terms
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via email or on our website by providing a link to the revised Agreement. Your continued use of the Services will indicate your acceptance of the revised Agreement. Further, First State Bank of Wyoming reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
Limitations of Service
When using the Service, you may experience limited access over some mobile carriers. In addition, the service may not be compatible for all devices. First State Bank of Wyoming cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or “out of range” issues or any errors or delays this may cause. We are not responsible for any cost of upgrading the Device to remain current with the service. We are not responsible for any damage to the Device or the data within. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you. In the event the Service is unavailable, you may deposit original checks at our branches or by mailing the original check to:
First State Bank of Wyoming, PO BOX 308, Wyoming, MN 55092.
Hardware and Software
In order to use the Services, you must obtain and maintain, at your expense, compatible mobile devices. First State Bank of Wyoming is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
Security
You agree to keep your mobile device secure and to close your Mobile Banking App when not in use. If you suspect your mobile device is lost or stolen, you must notify First State Bank of Wyoming immediately at 651-462-7611.
Ineligible Checks
You agree that you will not use the Services to take a snapshot of any checks that are listed below:
Deposit Limits
We reserve the right to impose and modify limits on the amount and/or number of deposits that you transmit using Mobile Deposit. You agree that you may have your deposit rejected for exceeding the limits. You agree that you may have to deposit the check by means other than Mobile Deposit. You may call us at 651-462-7611 for more information on deposit limits.
Image Quality
The snapshot of the check deposited to your account must be legible. The First State Bank of Wyoming Mobile Deposit Capture Services may ask you to retake the photo if it is illegible. If your deposit is rejected, the First State Bank of Wyoming will notify you by email or by phone.
Endorsements and Procedures
You agree to restrictively endorse any item captured through the Services as “For mobile deposit only to FSBW” followed by your signature. You agree to follow any and all other procedures and instructions for use of the Services as First State Bank of Wyoming may establish.
Receipt of Items
We reserve the right to reject any check captured through the Services, at our discretion. We are not responsible for checks we do not receive or for images that are dropped during transmission. You will be responsible for the charges if your account is negatively affected.
Availability of Funds
You agree that items captured using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the service is received and accepted before 4:00 pm Central Standard Time on a business day that we are open, we consider that the day of your deposit. Otherwise we will consider that the deposit was made the next business day we are open. First State Bank of Wyoming may delay availability of funds based on such factors as creditworthiness, the length and extent of your relationship with us, transaction experience information, and such other factors as First State Bank of Wyoming in its sole discretion deems relevant.
Disposal of Captured Checks
Depending on your mobile device operating software, you may receive a confirmation page or a message that states the images processed successfully. Once you have received either message, you agree to prominently mark the check as “Electronic Deposit on DATE”. DATE being the month, day and year of the deposit. You agree never to represent the item. You will store the item in a secure location for 60 days, after which you will promptly destroy the item.
Request for Original Check
You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to First State Bank of Wyoming as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check. If the original check has been destroyed, you will be responsible for providing a replacement check.
Termination
The Customer may terminate the Service by providing written notice to the First State Bank of Wyoming. Termination of such service will be completed within three business days after First State Bank of Wyoming receives written notice of termination from the customer. First State Bank of Wyoming may also terminate or suspend the services immediately without notice to the Customer if any of the following occurs:
Errors
You agree to notify First State Bank of Wyoming of any suspected errors regarding checks deposited through the Services right away, and in no event later than 60 days after the applicable First State Bank of Wyoming account statement is sent. Unless you notify First State Bank of Wyoming within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against First State Bank of Wyoming for such alleged error.
Presentment
The manner in which the items are cleared, presented for payment, and collected shall be in First State Bank of Wyoming’s sole discretion subject to the Deposit Account Agreement and Disclosures governing your account.
Ownership & License
You agree that First State Bank of Wyoming retains all ownership and proprietary rights in the Services, associated content, technology, and app. Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the services. Without limiting the restriction of the foregoing, you may not use the Services:
You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
Disclaimer of Warranties
You agree your use of the services and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. We disclaim all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We make no warranty that the service:
Any errors in the services or technology will be corrected
Limitation of Liability
You agree that First State Bank of Wyoming will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data, or other losses resulting from the use or the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if First State Bank of Wyoming has been informed of the possibility thereof.
User warranties and indemnification
You warrant to First State Bank of Wyoming that:
Other terms
You may not assign this Agreement. This Agreement is entered into in Minnesota and shall be governed by the laws of the State of Minnesota and of the United States. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
DIGITAL WALLET TERMS & CONDITIONS
These Terms for adding your First State Bank of Wyoming debit card to a Digital Wallet (the “Terms”) apply when you choose to add a First State Bank of Wyoming debit card to a Digital Wallet (“Wallet”). In these Terms, “you” and “your” refer to the cardholder of the First State Bank of Wyoming debit card, and “we,” “us,” “our,” and First State Bank of Wyoming refer to the issuer of your First State Bank of Wyoming debit card. When you add a First State Bank of Wyoming debit card to the Wallet, you agree to these Terms.
Adding Your First State Bank of Wyoming Debit Card
You can add an eligible First State Bank of Wyoming debit Card to the Wallet by following the instructions of the Wallet provider. Only First State Bank of Wyoming debit cards that we indicate are eligible can be added to the Wallet. If your First State Bank of Wyoming debit card or underlying account is not in good standing, that First State Bank of Wyoming debit card will not be eligible to enroll in the Wallet. When you add our debit card to the Wallet, the Wallet allows you to use the First State Bank of Wyoming debit card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all places where your First State Bank of Wyoming debit card is accepted.
Your First State Bank of Wyoming Debit Card Terms Do Not Change
The terms and account agreement that govern your First State Bank of Wyoming debit card do not change when you add your First State Bank of Wyoming debit card to the Wallet. The Wallet simply provides another way for you to make purchases with the First State Bank of Wyoming debit card. Any applicable interest, fees, and charges that apply to your First State Bank of Wyoming debit card will also apply when you use the Wallet to access your First State Bank of Wyoming debit card. First State Bank of Wyoming does not charge you any additional fees for adding our debit card to the Wallet or using our debit card in the Wallet. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees.
First State Bank of Wyoming is Not Responsible for the Wallet
First State Bank of Wyoming debit is the not the provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of the First State Bank of Wyoming debit card in the Wallet. We are not responsible for any failure of the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet provider or any other third parties regarding any agreement you enter into with the Wallet provider or associated third party relationships that may impact your use of the Wallet.
Contacting You Electronically, and by Email
You consent to receive electronic communications and disclosures from us in connection with your First State Bank of Wyoming debit card and the Wallet. You agree that we can contact you by email at any email address you provide to us in connection with any First State Bank of Wyoming account. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes.
Removing Your First State Bank of Wyoming debit card from the Wallet
You should contact the Wallet provider on how to remove a First State Bank of Wyoming debit
card from the Wallet. We can also block a First State Bank of Wyoming debit card in the Wallet
from purchases at any time.
Governing Law and Disputes
These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which your First State Bank of Wyoming debit card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your First State Bank of Wyoming debit card agreement.
Ending or Changing these Terms; Assignments
We can terminate these Terms at any time. We can also change these Terms, or add or delete any items in these Terms, at any time. We will provide notice if required by law. We can also assign these Terms. You cannot change these terms, but you can terminate these Terms at any time by removing all First State Bank of Wyoming debit cards from the Wallet. You may not assign these Terms.
Privacy
Your privacy and the security of your information are important to us. U.S. Consumer Privacy Notice (available online at https://www.fsbwyoming.com) applies to your use of your First State Bank of Wyoming debit card in the Wallet. You agree that we may share your information with the Wallet provider, a payment network, and others in order to provide the services you have requested, to make information available to you about your First State Bank of Wyoming debit card transactions, and to improve our ability to offer these services. This information helps us to add your First State Bank of Wyoming debit card to the Wallet and to maintain the Wallet. We do not control the privacy and security of your information that may be held by the Wallet provider, and that is governed by the privacy policy given to you by the Wallet provider.
Notices
We can provide notices to you concerning these Terms and your use of a First State Bank of Wyoming debit card in the Wallet by posting the material on our website, through electronic notice given to any electronic mailbox we maintain for you or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you. You may contact us at: 1-651-462-7611.
Questions
If you have any questions, disputes, or complaints about the Wallet, contact the Wallet provider using the information given to you by the provider. If your question, dispute, or complaint is about your First State Bank of Wyoming debit card, then contact us at: (651)462-7611.
PERSON 2 PERSON (P2P) TERMS AND CONDITIONS E-SIGNATURE AND ELECTRONIC DISCLOSURES AGREEMENT
You are signing up to use First State Bank of Wyoming’s (“Bank”) P2P service powered by Computer Service, Inc. (“CSI”) that allows you to send funds to another person. This E-Signature and Electronic Disclosures Agreement (“E-Sign Agreement”) applies to all communications, documents, disclosures and electronic signatures related to the products, services and transfers offered or accessible through the Service offered by your Bank for all cardholders, authorized users, account owners, account signers, applicants, and any other person using this Service as a Sender or Recipient or registering to use this Service.
Agreement to Conduct Transactions by Electronic Means
You agree to conduct the transfers offered through the Service by electronic means and acknowledge that all documents, disclosures, forms and other information related to such transactions will be provided to you through a mobile or web-based electronic interface or email. Each time you use this Service and submit information to the Bank you agree to the electronic access, receipt and acceptance of documents, disclosures and forms. You may not use this Service unless you agree to receive documents by electronic means.
You further agree that you intend to electronically contract with us for the Service and that all transactions completed through this Service will result in valid and legally binding agreements. You also agree that you have adequate access to a computer or mobile phone with sufficient internet connectivity to conduct these transactions online. You acknowledge that you meet the hardware and software requirements to access this Service as described below. Agreement to Use Electronic Signatures By clicking the “accept terms” you are electronically signing this E-Sign Agreement and the Terms of Use related to the Services. You specifically agree that any electronic signatures that you provide through this online process are valid and enforceable as your legal signature. You acknowledge that these electronic signatures will legally bind you to the terms and conditions contained in the E-Sign Agreement and Terms of Use documents just as if you had physically signed the same documents with a pen.
Agreement to Receive Disclosures Electronically
You agree to receive all legal and regulatory notices, disclosures and other communications associated with your registration or use of this Service through electronic means including web-based electronic interface, mobile phone interface or email.
Availability of Printed Copies
We recommend that you print and retain copies of any of the E-Sign Agreement and Terms of Use, disclosures, or other related documents from your computer, mobile phone or other access device associated with all transactions utilizing the Service. There is no charge for you to download and print these documents. Additionally, if you wish to obtain a paper copy of any of these documents, you may write First State Bank of Wyoming, PO BOX 308 – Wyoming, MN 55092 or call 651-462-7611 with the details of your request. Paper copies will be provided to you at no charge.
Withdrawing Consent
You may at any time withdraw your consent to do further business electronically and revoke your agreement to receive electronic disclosures. This may be done by clicking on the ‘Cancel’ button to cancel the current Request. By doing so, this will terminate the P2P Service. If you decide to withdraw your consent, the legal validity and enforceability of prior electronic Disclosures will not be affected.
Contact Information
To use this Service you must provide your current email address so that we can send you important information related to your use of this Service. You may review and update the personal information maintained about you in the “Profile” or “Settings” section of the Site at any time to ensure that it is accurate.
P2P SERVICE AGREEMENT AND TERMS OF USE (“TERMS OF USE”)
These Terms of Use set forth the terms and conditions under which the Service is offered. The Service allows a Sender to transfer funds to a Recipient through electronic means. These Terms of Use affect your rights, you should read them carefully.
Unauthorized use of these systems is strictly prohibited and is subject to prosecution. First State Bank of Wyoming or its Service Provider may monitor and audit usage of this system. You are hereby notified that the use of this system constitutes consent to such monitoring and auditing.
Any Account accessed through the Service is also subject to the terms and conditions of your Account and your previously accepted Digital Banking Agreement and Mobile Banking General Terms & Conditions (“Account Disclosures”). You should review the Account Disclosures carefully, as they may include transaction limitations that might apply to your use of the Service.
Definitions
“Account” or “Accounts” refers to any accounts that may be debited or credited with funds under these Terms of Use.
“Recipient” means the cardholder to whom the Sender transfers funds.
“Sender” is the First State Bank of Wyoming Cardholder that transfers funds to another person through the Service.
“Service” means the P2P service powered by Computer Service, Inc. (“CSI”) that allows a Sender to send funds to Recipient.
“Service Provider” is CSI, a company that arranges for person-to-person payments to customers of any U.S. financial institution.
“Site” is the Service Provider’s electronic location accessed by a user through a smart phone, computer or other access device.
“Transfer” means an electronic movement of funds from an account at First State Bank of Wyoming to an account of another party by means of the Service.
“Transfer Instructions” are the information that you provide when using the Service. “Us,” “We” and “Our” means First State Bank of Wyoming.
“You” and “Your” mean each person who applies or registers to use the Service and each person who uses the Service, including both the Sender and Recipient of a Transfer.
Description of Service and Consent
First State Bank of Wyoming checking account holders may send one-time Transfers to First State Bank of Wyoming customers or a depositor of another financial institution. Notice is given to the Recipient by the Sender providing the Recipient’s email address or mobile phone number. You may originate these Transfers by use of a computer or a mobile smart phone. To use this Service you are providing information to our Service Provider from your smart phone, desktop, laptop, or other computer.
By participating in the Service, you are representing to First State Bank of Wyoming that you are the owner or you have the authority to act on behalf of the owner of the mobile phone number or email address you are using to send or receive messages regarding Transfers. In addition, you are consenting to the receipt of emails or automated text messages from First State Bank of Wyoming or its agent, regarding the Transfers and represent to First State Bank of Wyoming that you have obtained the consent of the Recipients of your intended Transfers. Funds may be transferred to any account in the United States as long as the Transfer is legal and allowed by the financial institutions involved.
Eligibility
Individuals aged 18 years and older with a checking account with First State Bank of Wyoming are eligible to use this Service to send funds to a Recipient. The Service is offered to individuals under the age of 18 who have a checking account with a parent or legal guardian as a signer on the account. Any individual with an account in the United States that may receive POS or ACH transactions may use this Service to receive funds that are transferred by the Sender. Other restrictions and eligibility requirements apply as described in this Agreement or other disclosures. First State Bank of Wyoming does not knowingly collect any personal information from or about individuals under 18 years of age without the consent of a parent or legal guardian. Please do not submit such information to First State Bank of Wyoming, and as a parent or legal guardian, please do not allow your children to submit personal information without your permission. By using the Site or the Service, you represent that you meet these requirements.
Transfers
The Sender provides the Recipient’s email address, phone number or debit card number and the Service uses this information to notify the Recipient. A Recipient must accept the Transfer within 3 days, or the Transfer will be cancelled and reversed. During this period, funds will be removed from the Sender’s Account for the amount of the Transfer. Once the Recipient has successfully accepted the Transfer, funds will be sent to the Recipient’s financial institution for deposit to the Recipient’s account. If the Sender and Recipient are both First State Bank of Wyoming customers enrolled in the Service, Transfers will be immediately debited from the Sender’s Account and reflected in the Recipient’s Account. If the Sender and Recipient are both enrolled in the Service but are customers of different financial institutions, Transfers will be immediately debited from the Sender’s Account and will be delivered to the Recipient’s financial institution once claimed. First State Bank of Wyoming is not responsible for any failure of another financial institution to timely credit its customer’s account.
You acknowledge and agree that Transfers will be completed using only the email address, mobile phone number or debit card number you enter even if it identifies a person different from your intended Recipient. The name you enter will help you identify your intended Recipient in the payee list and your transaction history but will not be used to process payments. You must accurately enter the Recipient’s email address, mobile phone number or debit card number since your obligation to pay for the Transfer will not be excused by an error in the information you enter. Transfer Instructions relating to external accounts and the transmission and issuance of data related to such Transfer Instructions shall be received pursuant to the terms of this Agreement, and the rules of the National Automated Clearing House Association (“NACHA”) and the applicable automated clearing house, as well as any EFT Network, or networks, utilized to automate the transfer of funds and governed by Regulation E, (collectively, the “Rules”). The parties agree to be bound by such Rules as in effect from time to time. In accordance with such Rules, any credit to an Account shall be provisional until First State Bank of Wyoming or the third party institution, which holds the account, has finally settled such credit.
It is the responsibility of the Sender and Recipient of funds to provide accurate information. You agree that you as Sender are authorized to withdraw or as Recipient are authorized to deposit funds into the Accounts whose numbers you provide or into the Accounts associated with the card number you are providing. You authorize First State Bank of Wyoming, directly or through third parties, to make any inquires considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments. You authorize First State Bank of Wyoming to debit your account to complete the Transfer you request. If you are receiving funds, you authorize the crediting of your account using card networks or NACHA.
Sender Acknowledgment
By using this Service you, as the Sender, authorize the sending of an email or text message instructing the Recipient how to receive the funds that you are sending. You are further authorizing any Recipient of this message to act on the instructions to receive the funds you are sending. You acknowledge that any party receiving the email message at the email address you provide or text message at the mobile phone number you provide may obtain the funds you are sending.
You acknowledge and agree that we are not responsible for determining the identity of the party who receives the email or text message and acts upon the email or text message you provide. Your funds may not reach the intended Recipient because of errors made by the Sender or Recipient and you could lose all the funds. The funds that are credited to the account cannot be recalled by us. If you suspect that you have entered information incorrectly, call us immediately and we may be able to cancel the Transfer. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Sender’s instructions. Furthermore, we may reject any Transfer request and may terminate your use of this Service for any reason including attempting insufficient funded Transfers.
Recipient Acknowledgment
By using this Service you as the Recipient are confirming that you are the person to whom the Sender intends to transfer funds. As the Recipient, you will be asked to provide your debit card information that will be used to transfer funds to your Account. If you choose not to provide your debit card information or your institution does not participate, the Transfer will not be processed.
It is important that you enter accurate information. You agree that First State Bank of Wyoming, the receiving financial institution and our Service Provider may rely solely on the instructions you provide. If you enter inaccurate cardholder information the funds may be deposited into another person’s account. You acknowledge that the financial institution may make the deposit based on the card number you provide even if those numbers do not correlate to the name that you provide. Retrieval of these funds will be the Recipient’s responsibility to work with the financial institution to which the funds were sent. You may lose all the funds that were transferred. The funds that are credited to the account cannot be recalled by us.
If you suspect that you have entered information incorrectly or that you have received funds in error, call us immediately and we may attempt to cancel the transaction. We have no obligation to cancel the Transfer or to reimburse funds that were transferred according to the Recipient’s instructions.
By using this Service you agree that you are the intended recipient of the email or text message and that you are the intended recipient of the funds. If you are not the person to whom the funds are intended then you agree to take no further action. You understand that it is a federal felony to use another person’s identification with the intent to commit unlawful activity.
You represent that the information you are providing is your true and correct information. If any information you provide is fraudulent, First State Bank of Wyoming reserves the right to recover all costs or losses from you, regardless of whether such costs or losses are incurred directly or indirectly.
Limitations on Transfers
First State Bank of Wyoming will establish a limit on the number of Transfers and on the total dollar amount of Transfers that can be attempted or completed in one day. You may send multiple Transfers each day up to the daily limit. We may modify the amount and frequency of Transfers at any time for security reasons or due to account activity.
Such transfers may overdraft your account and may result in a draw from your Overdraft Protection or transfer from another account to cover the overdraft. In any of these situations, an overdraft fee or transfer fee will be charged, as applicable. You may be denied service for insufficient funds in your account. You will be responsible for any other transaction fees that apply to your Account.
Please note that your mobile carrier may charge you for text messaging. Please check your mobile service agreement for details on applicable fees. The receiving institution may have limits on the number and type of Transfers allowed. The receiving financial institution may also charge a transaction fee.
Timing of Transfers
Transfers to remove the funds from the Sender’s Account may take place immediately. However, the timing of funds received will depend on when the Recipient responds to the email or text and when their financial institution posts the Transfer. The posting of the Transfer is dependent on the business days of that institution.
Issues Affecting the Posting of Transfers
You authorize us to debit your account to complete the Transfer you request. If you are receiving funds, you authorize First State Bank of Wyoming to credit your Account using card networks/switches or NACHA.
Other events may affect the timing or success of a Transfer reaching the intended Recipient. Such events may include, but are not limited to, errors made by the Sender or Recipient in entering information, inaccurate card number information, delays in posting by the receiving institution, acts of God, and network and NACHA interruptions.
If we believe the Transfer may be illegal, we may decline or reverse the Transfer. The receiving institution may choose not to post the Transfer or to delay posting the Transfer. Neither the Bank nor the Service Provider is responsible for any delays in the Transfer of funds or the posting of funds to the Recipient’s Account. You may have certain rights and responsibilities regarding the failure to timely post transactions and you are encouraged to pursue dispute resolution with the receiving financial institution.
Financial institutions have rules and regulations that govern their accounts. Some of these regulations may not allow a POS or ACH transfer of funds. You are responsible for ensuring that these types of Transfers are allowed for the Account that you specify. For example, an HSA may not allow electronic transfers directly into the Account. We are not responsible for any action or lack of action taken by the financial institution that delays, inhibits, or prevents the posting of the Transfer to the Account.
Security
If a financial institution contacts us or our Service Provider for information regarding your Account, you authorize us to discuss the Transfer and the account information you have provided.
Cookies, Browser Information and Related Issues
When you visit the Site, the Service Provider may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring website addresses, and other information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Service by assisting in “authenticating” who you are when you access the Site or Service, particularly if you register for the Service and are issued or create a username and password.
The Service Provider may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the Site and the Service. This data may be used, among other uses, to improve the operation of the Site and the Service. Like most websites, the Site also uses “cookies,” which are small data files placed on your computer or other device by the web server when you visit the Site. Most such cookies are “session” cookies that are only used for a specific period during which you are on the Site, but a few are “persistent” cookies that stay on Your hard drive and are read by the web server when you return to the Site (unless you erase them). The Site uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to the Site. These cookies are linked to personal information about you, such as your email address.
Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site that depend on cookies. You may encounter the Service Provider’s cookies or pixel tags on websites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie or pixel tag placed by the web page or application.
Access to Information about You
You may review and update the personal information maintained about you in the “Profile” or “Settings” section of the Site at any time to ensure that it is accurate. Once you close your Accounts with First State Bank of Wyoming, you may no longer send Transfers. However, your Account information will be maintained for a retention period to accommodate any residual issues that may arise.
Amendments
First State Bank of Wyoming may amend these Terms of Use or any other disclosures at any time by posting a revised version on the Site. The revised version will be effective immediately at the time it is posted. First State Bank of Wyoming may also provide you with an email notification of such amendments. The Bank may require you to affirmatively acknowledge or accept the revised Terms of Use in order to continue using the Service. Any use of the Service after a notice of change (whether by Site posting, email, or express acknowledgment or acceptance) will constitute your express agreement to such changes.
Limitations of Warranties
Although First State Bank of Wyoming attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Service, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. The Service and its contents are provided on an “as is” basis. Use of the Service and its contents is at the user’s sole risk. The Service and its contents are provided without any representations, endorsements, or warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. As noted below, First State Bank of Wyoming also makes no representations, endorsements, or warranties, either express or implied, with respect to any service operated by a third party.
Limitation on Liability
In no event will First State Bank of Wyoming or its subsidiaries, affiliates, contractors, or their respective employees be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party’s use of the Service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this Service or any service operated by any third party or any contents of this Service or any other service, even if First State Bank of Wyoming is aware of the possibility of such damages.
Liability for Unauthorized Use
In General: You must notify us immediately if you believe that an unauthorized person obtains or has obtained access to your Mobile Banking Password or if someone has transferred money without your permission. You understand that calling us in such cases is the best way of keeping your possible losses to a minimum. If you suspect that an unauthorized transfer may have occurred, we may require you to sign an affidavit verifying such occurrence.
Liability Limits for Consumers: If you are a consumer (that is, a “natural person”) whose deposit accounts accessed through Mobile Banking were established primarily for personal, household, or family purposes, you can lose all the money in your deposit accounts accessed through Mobile Banking if you do not inform us that your Mobile Banking Password has been lost or stolen or that an unauthorized person obtains or has obtained access to your Mobile Banking Password. If you tell us within two business days after you learn of the loss, theft or unauthorized access, you can lose no more than $50.00 if an unauthorized person used your Password to access Mobile Banking. If you do not tell us within two business days after you learn that your Password has been lost, stolen or become known to an unauthorized person, and we can prove that you could have stopped someone from using your Password without your permission if you had told us, you can be liable for as much as $500.00.
Also, if your statement shows electronic funds transfers that you did not make, you must notify us immediately. The Bank may require you to provide your complaint in the form of an affidavit. If you do not tell us about unauthorized transfers within 60 days after your account statement is sent or made available to you, you may not get back any money that you lose after the 60 day period if we can prove that, had you told us about unauthorized transfers on time, we could have stopped someone from taking the money. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
Other Account-holders
The limitations on liability described immediately above under “Liability Limits for Consumers” apply only to accounts maintained by consumers for personal, household, or family purposes. If you are an organization (such as a corporation, partnership or limited liability company) or if your deposit account was not established for personal, household, or family purposes, your liability for unauthorized use will be limited only to the extent provided elsewhere in this Agreement or in our other agreements with you or by applicable law.
Errors or Questions
In case of errors or questions regarding a P2P transfer, other type of Digital Banking Transfer, a Bill Payment transaction, or any error on your account history you may telephone or write us at:
First State Bank of Wyoming
PO Box 308
Wyoming, MN 55092