terms and conditions
DEFINITIONS: “Bank” means Fidelity Bank. “You” and “your” mean the individual or individuals accessing or otherwise using the Website.
USAGE RESTRICTIONS: These terms and conditions (this “Agreement”) govern your use of the Fidelity Bank Website (the “Website”). You accept and agree to all of the terms and conditions of this Agreement. Your acceptance is evidenced by your use of the Website.
THIRD PARTY SITES OR PRODUCTS: There are links to third party websites on the Website, which are unrelated to the Bank (“Third Party Websites”). If you access a Third Party Website by a link on the Website, you do so at your own risk. The Bank specifically disclaims any liability for any information or other material or products offered on any Third Party Website. The Bank makes no warranty, express or implied, regarding Third Party Websites, including reliability, accuracy or suitability for a particular purpose. The Bank provides the links to Third Party Websites as a convenience and does not endorse, sponsor or guarantee any of the information, products or services of any Third Party Website. You should investigate any Third Party Website with regard to its security features, as it may have different security and privacy policies from the Bank.
USE RISK; NO PERSONAL ADVICE: Your use of the Website is at your own risk. Information transmitted or received through the Internet is subject to unauthorized interception, access, disclosure and corruption. The Bank disclaims any responsibility for your use of the internet or the Website. The Bank does not have a fiduciary relationship with you and is not providing any advice to you. The Bank does not warrant that the results of the use of the Website or the materials made available on or through the Website will be correct, accurate, timely, or otherwise reliable. The information provided in the Website does not constitute personal, financial, tax or legal advice.
WEBSITE TERMS: This Agreement is subject to change at any time, which changes shall be effective immediately. Notification of such changes are made on the Website or as otherwise determined by the Bank.
OTHER AGREEMENTS: This Agreement is in addition to any other agreements, disclosures or other documents in effect from time to time regarding any account(s) you may have with the Bank. The terms providing the most protection to the Bank shall control.
COPYRIGHT; TRADEMARK: This Website, its content, text and images are Copyright © 2016 Fidelity Bank / Oklahoma Fidelity Bank. All rights reserved. You may not copy, transmit, display, distribute, alter, or otherwise utilize this information in any manner without the prior written consent of the Bank. You may make copies for your personal use, provided the copyright/trademark is not altered in any way.
INDEMNIFICATION: You hereby indemnify and hold harmless the Bank, its successor’s and assigns, officers, directors, employees, agents, third party providers and attorneys, from and against any and all claims, demands, liabilities, losses, penalties and/ or damages, whether based in contract, tort, strict liability or otherwise (including, without limitation, direct, consequential, special and punitive damages) and expenses (including, without limitation, costs and expenses of litigation and reasonable attorneys’ fees), directly or indirectly resulting from your use of the Website or your breach of any of your obligations under this Agreement. The terms of this paragraph shall survive the termination of this Agreement provided however, you are not obligated to indemnify the Bank for any damages caused solely by the Bank’s gross negligence or willful misconduct.
LIMITATION OF LIABILITY: THE INFORMATION AND SERVICE PROVIDED ON THE WEBSITE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE OR FITNESS FOR A PARTICULAR PURPOSE. THE BANK DOES NOT WARRANT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM ANY OTHER PROGRAM LIMITATIONS OR AVAILABLE AT ALL TIMES. IN NO EVENT SHALL THE BANK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OR MAINTENANCE OF THE WEBSITE.
GOVERNING LAW; SEVERABILITY: This Agreement will be governed by the laws of the state of Kansas, regardless of where you reside. If any of the terms of this Agreement are invalid or changed by applicable law, then the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been placed in this Agreement. You agree that jurisdiction shall be exclusively in the State or Federal Courts located in Sedgwick County, Kansas.