THE ADVANTAGE NETWORK WEBSITE TERMS AND CONDITIONS OF USE
You are accessing The Advantage Network website, www.advantage-network.com (the “website” or “site”). As used herein, the terms “we,” “our” and “us” refer to The First National Bank in Sioux Falls, d/b/a The Advantage Network, our marketers, affiliates, and service providers. The terms “you” and “your” refer to the individuals who access the publically available pages of the website and to those members who access the password-protected pages of the website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE, AND ANY OF ITS PAGES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS OF USE AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.
OWNERSHIP OF AND ACCESS TO THE WEBSITE
This website is published and maintained by The First National Bank in Sioux Falls (d/b/a The Advantage Network) for your reference and information. You may browse, download from, communicate with, and otherwise use the website subject to the terms and conditions contained herein and all applicable laws, rules, and regulations. We retain the right to refuse you access to this website or any of its resources and to terminate or suspend your access at any time.
INTELLECTUAL PROPERTY
All of the pages, screens and content on the Advantage website are owned and controlled by us, except as otherwise expressly stated, and are protected by U.S. trademark and copyright laws. The copyrighted materials on the website include, but are not limited to, the domain advantage-network.com, all page headers, text, designs, software, images, graphics, source code, and the content on the website. You are authorized to view the information available on the website for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. You acknowledge and agree by your acceptance of these Terms and Conditions of Use that you do not acquire any ownership rights by downloading copyrighted material and that we retain all intellectual property rights, including but not limited to patents, trademarks, copyrights and trade secrets, and all derivative works and improvements of the same. You may not decompile, reverse engineer or otherwise attempt to discover the source code, copy (other than for personal use within the scope of these Terms and Conditions of Use), modify, upload, post, transmit, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or publish all or any portion of the website for any commercial or public purpose without our prior written consent. The Advantage Network logo is a trademark owned by The First National Bank in Sioux Falls. You may not use any of our trademarks as a link to the website except as otherwise authorized by The First National Bank in Sioux Falls. Modification or use of the content on the website, except as expressly provided in these Terms and Conditions of Use, violates our intellectual property rights.
LINKED SITES
This website may, from time to time, contain links to other websites that are controlled or offered by third parties not affiliated with The First National Bank in Sioux Falls or The Advantage Network. We provide third-party links only as a convenience to you. We do not provide, endorse, or guarantee the content, advertising, products, services or other materials available on third party websites. We do not control, author, edit, or monitor these linked web pages or have any responsibility for the accuracy or availability of information provided on them. We do not make any representations or warranties, express or implied, regarding the content, products or services offered by third parties.
SUBMITTED INFORMATION
If you submit any information to us, including any questions, comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else, subject to the terms of our Privacy Policy. This is true whether you submit such information to us by e-mail, through a form on this website, or in any other manner. You agree not to submit or transmit any materials to or from the website that are threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You acknowledge that submission of information via the website is not secure, and you further agree not to submit or transmit any non-public personal information (such as account numbers, card numbers, or social security numbers) to us through the website. You are solely responsible for any material you submit to us.
DISCLAIMER
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND — WHETHER EXPRESS, IMPLIED OR STATUTORY — INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS OF USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES MADE AVAILABLE THROUGH OR ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR THE SERVER/COMPUTER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR THE WEBSITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION OR SERVICE, PROVIDED OR MADE AVAILABLE THROUGH OR ON THE WEBSITE. WE DO NOT ENDORSE SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)
EXCEPT AS SPECIFICALLY PROVIDED HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF ANY SERVICES MADE AVAILABLE THROUGH OR ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR INABILITY TO USE SUCH SERVICES, THE WEBSITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM. YOU HEREBY AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT.
All of the information on this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the website, and we undertake no obligation to update such information after it is posted or to remove such information from the website if it is not, or is no longer, accurate or complete.
INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) PAID OR INCURRED BY ANY ONE OR MORE OF THEM ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS WEBSITE, ITS CONTENT, OR ANY INFORMATION OR SERVICES PROVIDED THROUGH OR ON THIS WEBSITE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE ARISING OUT OF ANY ACT OR OMISSION BY YOU IN VIOLATION OF THESE TERMS AND CONDITIONS OF USE, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION.
PRIVACY
We take your privacy very seriously and have taken steps to help safeguard your personal information. To learn what information we collect and how that information is used, please review our Privacy Policy.
INTERNET CONNECTION/SECURITY
Although we employ security measures to safeguard your information, the Internet is inherently insecure and any connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any information stored therein. You agree not to use or distribute any programs or tools designed to compromise website security (e.g., password guessing programs, cracking tools or network probing tools). We reserve the right to release any details regarding a security violation to system administrators at other websites in order to assist them in resolving security incidents. We further reserve the right to investigate suspected violations of these Terms and Conditions of Use and to fully cooperate with any requests for information from law enforcement authorities or by court order.
GOVERNING LAW/JURISDICTION
These Terms and Condition of Use will be governed by and construed in accordance with the laws of the United States and the State of South Dakota without regard to conflict of law principles. You agree that all legal proceedings related to the matters herein will be adjudicated solely in the courts of Minnehaha County, South Dakota. You hereby consent to extra-territorial service of process and submit to the jurisdiction of said courts.
SEVERABILITY/WAIVER
If any provision of these Terms and Conditions of Use is determined to be invalid or unenforceable under any rule, law, or regulation, the validity or enforceability of any other provision of these Terms and Conditions of Use shall not be affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, as part of these Terms and Conditions of Use, a provision as similar in terms as may be valid and enforceable. Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
CHANGE IN TERMS/MODIFICATIONS
We reserve the right to amend these Terms and Conditions of Use in whole or in part at any time without prior notice except as otherwise required by law or as otherwise agreed in writing. The current version of these Terms and Conditions of Use is available to you on the website. If you do not agree with any of these Terms and Conditions of Use, you should discontinue your use of the website. By continuing to access or use the website after the date of any change in the Terms and Conditions of Use, you agree to the current Terms and Conditions of Use.
We reserve the right to modify or terminate the website, any service available on the site, any link provided by or to the site and your access to the site, in whole or in part, at any time.
MEMBERS ONLY
This Section of the Terms and Conditions of Use is intended to apply only to financial institutions that are members of The Advantage Network. Members of The Advantage Network are able to access certain pages of the website by inputting a username and password. Members will be responsible for the security of any username or password issued to them or that they may obtain. We will be entitled to monitor members’ usernames and passwords and, at our discretion, require members to change either or both of them. If members use a username and/or password that we consider insecure, we will be entitled to require the username and the password to be changed.
Members acknowledge that all information available on the website concerning The Advantage Network (including fees, billings, guidelines, manuals, systems, procedures, equipment configurations, software, and related forms and documents) is confidential and proprietary information. Members hereby agree that any confidential or proprietary information acquired or accessed through or on the website shall be used solely for the purpose(s) for which such information is made available. Members are prohibited from using any confidential or proprietary information to compete with us or from causing the disclosure, release, or publication of any of our confidential or proprietary information. In the event of a member’s breach of this section, we may, in addition to any other remedies available at law or in equity, immediately terminate the member’s participation in The Advantage Network.