Digital Banking Agreement

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These are the terms and conditions (this “Agreement”) governing the use of Emprise Bank’s Website (“Website”) and the services set forth in Section II (“Services”). Before using the Website or Services, please read this Agreement carefully and keep a copy for your records. By requesting or using the Website or Services, you agree to the terms and conditions set forth herein and in the Account Agreement.

I.    DEFINITIONS & RELATIONSHIP TO OTHER AGREEMENTS

DEFINITIONS. In this Agreement, “We,” “Us,” “Our,” “Emprise” and “Bank” refer to Emprise Bank. “Customer,” “You,” and “Your” refer to the person(s) subscribing to the Services, obtaining a User ID, Password, PIN, or using the service. “Consumer Account” means an Emprise Account established primarily for personal, family or household purposes.

RELATIONSHIP TO OTHER AGREEMENTS. These terms and conditions are in addition to those that apply to any accounts you have with Emprise, and which are set out in the Account Agreement.  An Account Agreement disclosure was provided to you at the time you opened your account.  You may also obtain a paper copy from any branch office of Emprise. In addition, your use of certain Services may be governed by other agreements that you already have with us. It is important to review those agreements and the Account Agreement for any applicable fees, availability of deposits, limitations on the number of transactions that you make, and other restrictions. In the event of a conflict between this and any other agreement, this Agreement will control.

TERMS OF USE OF SERVICE. We maintain this Website to provide you with information about the Bank products and services, and to facilitate communication with the Bank and associated companies.  The Bank requires anyone using our Website or our Services adhere to these rules and regulations.  From time to time, we may revise these terms and conditions. 

AREA OF SERVICE. Not all of the products or Services offered on this Website are available to all customers or accounts.  You may not be eligible for all of the products or services described.  The Bank reserves the right to determine the eligibility for any product or services subject only to Federal or State law.

II.    DIGITAL BANKING SERVICES

DIGITAL BANKING. You may use Digital Banking to get information about your accounts, transfer funds between your accounts with Emprise, to make payments to your loan account(s) with us, to move funds between Emprise accounts and validated accounts in your name at another financial institution, and to access other optional services.

BILL PAY SERVICE. If you have an eligible account, you may use the optional bill pay service offered by Emprise through iPay to electronically schedule payments (“Bill Pay Service”).  The Bill Pay Service includes an additional feature for expedited one-time payments (“Rush Delivery”).  Payments are posted against your balance available for withdrawal, as defined in the Bank’s Funds Availability Policy contained within the Account Agreement, plus the available credit on your Emprise Overdraft Protection, if any.

MOBILE BANKING. You may access Digital Banking and the Services through your mobile device by downloading Emprise’s mobile banking application (“Mobile Banking”).  Not all Services may be available on all types of mobile devices and Mobile Banking services may not be available with all account types.

MY INSIGHTS SERVICE. You have access to the My Insights personal finance service (“My Insights Service”)  as part of Digital Banking, and you may use the My Insights Service to electronically access, retrieve and store information about your accounts at other financial institutions, permitting you to aggregate all of your transactions in one convenient place.

III.    USE OF CERTAIN SERVICES

INTERNAL TRANSFERS. Within Digital Banking, you may move funds between Emprise Accounts.

A. Authorized, Valid Transaction for Funds Transfer.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Emprise Accounts to make any funds transfer you request that we make on your behalf.

B. Types of Available Electronic Transfers

You can perform the following transactions:

You authorize us to select any means we deem suitable.

C. Processing Times and Funds Availability

Transactions made on banking business days, Monday-Friday, by 7:55 P.M. CT will be processed on the current business day. Transactions made after 7:55 P.M. CT will generally be conducted on the next business bay.

D. Stopping Transfers

If you wish to stop a transfer that has not yet been processed, you may simply cancel the payment through Digital Banking. Transfers that have been processed cannot be canceled. A reverse transaction must be processed. The easiest and most convenient way to cancel or schedule a reverse transaction is through Digital Banking, however, you may request assistance by calling us at 1.855.383.4301 or 316.383.4301. 

E. Limitations on Liability

Emprise will use its best efforts to process all your transactions properly. If we do not complete a transfer to or from your Consumer 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, whether you have a Consumer Account or another Account, for instance:

EXTERNAL TRANSFERS. Within Digital Banking, you may move funds between Emprise Accounts and validated accounts in your name at another financial institution (“Third-party Accounts”).

A. Authorized, Valid Transaction for Funds Transfer.

You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Emprise Accounts or Third-party Accounts to make any funds transfer you request that we make on your behalf.

B. Types of Available Electronic Transfers

You can perform the following transactions:

You authorize us to select any means we deem suitable, including but not limited to electronic money movement, funds transfer systems, mail, courier, telecommunications, intermediary banks and organizations, or other banking channels, to provide your funds transfer instructions to the provider of the Third-party Account. You agree to be bound by the rules and regulations that govern the applicable means of transfer, such as CHIPS and/or NACHA operating rules.

C. Validation of Information

You authorize us to validate your Third-party Accounts through the use of small credits and matching debits to your Emprise Account that you must verify or through instant account verification. You also authorize us to verify the funding source to affect the funds transfers you request. When making external transfers, you represent and warrant to us that you have the right to authorize and permit us to access your Third-party Accounts to make such funds transfers or for any other purpose authorized by this Agreement, and you also confirm to us that by disclosing and authorizing us to use such information you are not violating any third-party rights. You warrant and represent that the information you are providing us is true, current, correct, and complete. You hereby authorize and permit us to use information provided by you to accomplish these purposes.

We reserve the right to obtain additional information, such as a consumer credit report, as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using the Service in violation of law, including, but not limited to, laws and regulations designed to prevent money laundering or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.

D. Processing Times and Funds Availability

For transfer made from Third-party Accounts to your Emprise Account, Emprise will make the funds available as soon as they are received from the Third-Party Account. After we have made funds available to you and you have withdrawn the funds, you are still responsible for transfers from your Third-party Account that are returned to us unpaid and for any other problems involving your funds transfer. For transfers made from your Emprise Account to a Third-party Account, the other financial institution will determine when transferred funds will be available in your Third-party Account. Emprise cannot guarantee the timely delivery or return of funds as a result of the failure of another financial institution to act in a timely manner.

E. Stopping Transfers

If you wish to stop a transfer that has not yet been processed, you may simply cancel the payment through Digital Banking. Transfers that have been processed cannot be canceled. A reverse transaction must be processed. The easiest and most convenient way to cancel or schedule a reverse transaction is through Digital Banking, however, you may request assistance by calling us at 1.855.383.4301 or 316.383.4301. 

F. Limitations on Liability

Emprise will use its best efforts to process all your transactions properly. If we do not complete a transfer to or from your Consumer 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, whether you have a Consumer Account or another Account, for instance:

USE OF BILL PAY SERVICE. You may access the Bill Pay Service, including Rush Delivery, through Digital Banking. You are responsible for transactions made through the Bill Pay Service made using your Security Information. You will be charged a fee for the use of Rush Delivery during the initiation of your payment.

A. Types of Available Electronic Transfers and Limits

Bill payments that you authorize will be deducted from the Emprise Account you designate. You will be given the ability to set up merchants, institutions, or individuals that you would like to pay. You are not permitted to designate governmental agencies or courts. Payments can only be made to payees within the United States. You or any persons who you have authorized to use the Bill Pay Service can perform the following transactions:

If you initiate a bill payment that is returned for non-sufficient funds, your Bill Pay Service will be blocked and you will be unable to submit additional bill payment requests until the account is properly funded and the return(s) cleared. Each transfer or bill payment that creates an overdraft will be charged a non-sufficient funds (NSF) fee in accordance with Emprise’s Schedule of Charges.

Transactions cannot be made from any account in an unavailable status, such as a dormant or inactive account or an account for which funds are held or pledged, accounts not in good standing with Emprise, or from any account subject to legal process or other encumbrance restricting the transfer. Any customer with a non-US address will not be able to utilize the Bill Pay Service.
Not all payees accept Rush Delivery payments. An option for Rush Delivery only appears when available for the payee.

B. Posting and Timing of Transactions and Documentation of Transactions.

Except for Rush Delivery, you should allow at least 3 business days for electronic payments and 5 business days for payees to receive your check payment. You will receive a confirmation number at the time of each transaction. A record of all bill payment transactions will be fully disclosed on your monthly statement.

Rush Delivery payments are processed several times per day.

C. Limitations on Liability

Emprise will use its best efforts to process all your transactions properly. However, Emprise, nor its agents, shall incur liability it they are unable to complete any transaction you have initiated because:

D. Stop Payments

If you wish to stop a payment to a payee that has not yet been processed, you may simply cancel the payment through the Bill Pay Service. If you wish to stop a payment that has already been processed by the Bill Pay Service, you must call Emprise at 1.855.383.4301 or 316.383.4301. If a stop payment can be placed, a stop payment fee will be charged. See Schedule of Charges for fees. Any stop payment fees will be deducted from your designated Emprise Account.

E. NSF Fees

If there are non-sufficient funds in your designated Emprise Account and overdraft protection from another source is not available, debits will be returned to the Bill Payment Service via banking channels and an ACH NSF fee in accordance with the current Schedule of Charges will be assessed by Emprise for each item. The NSF item will result in a block by the Bill Payment Service on your designated Emprise Account, preventing you from making more payments until the NSF situation has been resolved. 

In some instances, the bill payment transaction may be completed prior to the debit to your designated Emprise Account. In this case, you agree that you will reimburse Emprise immediately upon demand the amount of the transaction amount. You further agree to be liable for any deficit resulting from charges or bill payment overdrafts, whether caused by you or another authorized to withdraw from your designated Emprise Account, and you agree to pay Emprise’s cost to collect the deficit including, to the extent permitted by law, reasonable attorneys’ fees.

USE OF MY INSIGHTS SERVICE. You may access the My Insights Service through Digital Banking. 

A. Access to Third-Party Accounts.

You represent and agree that all information you provide to us in connection with the My Insights Service is accurate, current, and complete. You agree not to misrepresent your identity or account information. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the My Insights Service, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the My Insights Service, and (iii) give us and our service providers the passwords, usernames, and all other information you provide (your “Access Information”).
Your use of the My Insights Service is your authorization for Emprise or its service providers, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to Emprise and its service providers your Access Information to retrieve information on your behalf for the purposes of providing the My Insights Service, to offer products and My Insights Service, and for other permissible business purposes. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.

Unless and until this User agreement is terminated, you grant Emprise and its service providers the right to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations granted by you or through your account. For all purposes of the My Insights Service and this Agreement, you hereby grant Emprise and its service providers the right to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the My Insights Service is not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN EMPRISE OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD-PARTY SITES.

B. Third Party Accounts Fees and Terms

You are responsible for all fees charged by the third party in connection with any Third-party Accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this Agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a Third-party Account, you agree to direct these to the account provider.

C. Limitations on Services

When using the My Insights Service, you may incur technical or other difficulties. Emprise nor its service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the My Insights Service is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. Emprise and its service providers reserve the right to change, suspend or discontinue any or all of the My Insights Service at any time without prior notice.

D. Aggregated Data

Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the My Insights Service, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

E. Disclaimer

The My Insights Service is not intended to provide legal, tax or financial advice. The My Insights Service, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither Emprise nor its third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. Emprise and its third-party providers specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on this site. Further, Emprise and its third-party providers are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the My Insights Service or any materials or information accessible through it. Past performance does not guarantee future results. Emprise and its third-party providers do not warrant that the My Insights Service comply with the requirements of the FINRA or those of any other organization anywhere in the world.

IV.    GENERAL TERMS

FEES & CHARGES. There may be a fee associated with the use of one or more of the Services. Any fees assessed will be done so in accordance with the fee schedule established by the Bank, which may be changed from time to time.  Additionally, you may be charged access or messaging fees by your internet, cell phone, or wireless provider.

EQUIPMENT. The Website and the Services require you to use computer hardware or software that meets certain technical requirements for the proper delivery of the Services and to provide you with secure Internet access. You may also incur additional related expenses for additional items, including, but not limited to, telephone service or Internet service charges related to the use of Services. To use Mobile Banking, you must download specific mobile application software provided by us to your mobile device, which will allow you to access the Services. You are responsible for any costs or expenses associated with meeting and maintaining technical requirements or additional items necessary to use the Services. We advise you to scan your hardware and software on a regular basis using reliable virus and malware detection products in order to detect and remove such viruses and malware. We are not responsible for errors or delays or your inability to access the Website or Services caused by your equipment or your internet, cell phone or wireless service provider.  We are not responsible for the cost of upgrading your equipment to stay current with the Website or Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.

SECURITY INFORMATION. Each individual wishing to access the Services, including each individual named on joint accounts, is required to designate a User ID, Password, or other security information (collectively referred to as “Security Information”), as applicable. User IDs are not case sensitive. It cannot begin or end with a space and cannot include a exclamation point (!), an at sign (@), a dollar sign ($), a percentage symbol (%), a caret symbol (^), an ampersand (&), a dash (-), a close parenthesis ()), an open parenthesis ((), a underscore (_), or an asterisk (*). It must be a minimum of six(6) characters.  Passwords must be a minimum of twelve (12) and a maximum of thirty-two (32) characters and must consist of at least one (1) letter and at least two (2) characters to be special characters or numbers. Passwords are case sensitive, meaning that capital letters are distinct from lower case letters, and require one (1) uppercase and one (1) lowercase letter.  An example of an acceptable Password is: Emprisebank1!. After three (3) failed log in attempts, your access will be locked. You agree to be bound by any instruction, whether or not authorized, issued using such Security Information and accepted by us.  Subject to applicable laws, you are liable for all transactions made or authorized using your Security Information.  You agree to keep these security procedures and your Security Information confidential and to notify us immediately if you believe any of your Security Information has been stolen or compromised. You agree that such security procedures are commercially reasonable.

SECURITY REQUIREMENTS. You agree to utilize updated anti-virus, anti-spyware, and anti-malware protection. You recognize that any breach or financial loss that may occur as a result of failure to comply with these requirements indemnifies Emprise Bank from any liability or loss resulting from such failure. It is the customer’s responsibility to protect his/her personal computer or use thereof.

JOINT ACCOUNTS. If your Digital Banking includes one or more joint accounts, Emprise may act on the verbal, written, or electronic instructions of any authorized signer. We may terminate your use of the Services for a joint account if the joint account can no longer be operated on your instructions alone in accordance with the terms of such account.

REPORTING UNAUTHORIZED TRANSACTIONS. An unauthorized transaction is any transaction that you have not authorized, including one made with a lost or stolen Digital Banking password. If you believe that someone has transferred or may transfer money from your account without your permission, or if your account statement shows transfers you did not make, you must notify Emprise Bank at 1.855.383.4301 or 316.383.4301. Telephoning is the best way of informing us and of keeping your possible losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit). If you tell us as soon as discovery of an unauthorized transfer is made, you may have no liability for the losses. Notwithstanding the above, you may be liable for greater amounts than listed above to the extent allowed under applicable law only if we determine that you were grossly negligent or fraudulent in the handling of your account.

WHO TO CALL FOR LOST OR STOLEN PASSWORD. If you believe that your Security Information, including User ID or password, has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you should contact us at 1.855.383.4301 or 316.383.4301 immediately.

IN CASE OF ERRORS OR QUESTIONS ABOUT THE SERVICES. For Consumer Accounts, contact us at 1.855.383.4301 or 316.383.4301, or write to us at Emprise Bank, P.O. Box 2970, Wichita, KS 67201, as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent or made available the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. 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 to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 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.

BUSINESS AND OTHER NON-PERSONAL ACCOUNTS. Our obligations set forth in Sections “In Case of Errors or Questions about the Services” do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors and must send us a written notice of the problem within a reasonable time (not to exceed 14 days from the date of discovery or their receipt or the availability of the first statement or notice reflecting the problem, whichever occurs first). Under no circumstances will we be liable for any special or consequential damages involving such accounts. We may process any online instruction we believe is given by any of you if the instruction is accompanied by your Password, and you will be obligated for the transfer or payment, even if the instruction is not transmitted or authorized by you. Each time you use the Service to submit a transfer or payment instruction to us, you warrant that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).

TERMINATING YOUR DIGITAL BANKING ACCESS. If you want to terminate your access to the Services, call us at 1.855.383.4301 or 316.383.4301. Please allow three business days to terminate your Digital Banking account. RECURRING TRANSFERS BETWEEN BANK ACCOUNTS WILL NOT NECESSARILY BE DISCONTINUED BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED, YOU MUST CONTACT THE CUSTOMER SERVICE CENTER.

SUSPENSION AND TERMINATION OF SERVICES. Emprise may terminate or suspend your access to any or all of the Services at any time and without advance notice, with or without cause.  Without limiting the preceding sentence, we may terminate or suspend your use of Services if you incur excessive NSF or overdraft transactions, or otherwise misuse your designated Emprise Account or the Services. We may consider repeated attempts to enter incorrect Security Information as an indication of attempted security breach. Termination or suspension of your privileges in no way affects your responsibility for any transactions chargeable to any of your Emprise accounts when the transactions are posted to us.

V.    OTHER TERMS AND CONDITIONS

EMAILS. Unless otherwise prohibited by law, any communication or material you transmit to us via the Website or email is on a non-confidential basis, and the Bank may use such communication or material for any purpose consistent with our privacy policy including reproduction, publication, broadcast and posting. You may not transmit any obscene, libelous, or defamatory messages to us.

TELEPHONE AND ELECTRONIC COMMUNICATION. You agree that we may call or send text message to you at the telephone numbers that you provide to us, including a cell phone number, which may result in charges to you, for informational purposes regarding your Emprise Account(s). These calls and text messages may be made from an automatic telephone dialing system (i.e., an autodialer) and using artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communications to you at the email addresses you provide us. You may contact us at any time if you no longer want to receive these communications from us.

TIMING OF COMMUNICATIONS. Any electronic communications will be deemed to have been received by you no later than five (5) business days after Emprise or its agents send it to you by email, text message or posts such communication through Digital Banking, whether or not you have received the email, text message or retrieved the communication from Digital Banking. An electronic communication by email is considered to be sent at the time that it is directed by Emprise or its agents email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic communications.

PRIVACY. We may disclose information about you, your accounts, and the transactions you perform to companies that perform services for us (such as check printers and data processing firms), with your permission, to our affiliates, and as permitted by law. We may disclose information, for example: where it is necessary or helpful for completing a transaction; to report the existence, history, and condition of your account to credit reporting agencies; to comply with government agency and court orders; or if you give us your written permission. Please see our Privacy Policy at https://www.emprisebank.com/privacy-policy or call us at 1.855.383.4301 or 316.383.4301 for information about how we gather, use and secure nonpublic personal information about you.

SECURITY MONITORING. The Bank may monitor and audit usage of the Website, System, and Services and all persons are hereby notified that use of the Website or Services constitutes consent to such monitoring and auditing.  Attempting to upload information and/or change information on the Website is strictly prohibited.  The Bank has the right to refuse any transaction if the Bank reasonably believes such refusal is necessary for security reasons.

UNLAWFUL USE OF FINANCIAL SERVICES. The Website and Services may only be used for any transaction permitted by law. You agree that illegal use of the Website or Services will be deemed an action of default and/or breach of contract and such service and/or other related services may be terminated at Emprise’s discretion. You further agree, should illegal use occur, to waive the right to sue Emprise for such illegal activity directly or indirectly related to it. You also agree to indemnify and hold Emprise harmless from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use.

THIRD PARTIES SERVICES AND SITES. With regard to services or products purchased or obtained by you through the Website or Services from a person or entity other than the Bank, the Bank makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services or products, and the Bank specifically disclaims all other warranties with regard to such services and products. Any links to third party sites that we may provide are for your convenience only, and Emprise and its service providers do not sponsor or endorse those sites. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.

COPYRIGHT. Copyright in the images, web pages, text and screens appearing at this Website or within the Services is owned by the Bank or others as indicated.  The information and materials may not be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reposted, reused, sold, transmitted, or used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions, without the Bank’s express written permission.

OWNERSHIP. You agree that Emprise and its service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites.

GOVERNING LAW; JURISDICTION. You agree that all applicable Federal laws and the laws of the State of Kansas shall govern your use of the Website, Services and all transactions conducted hereunder. You acknowledge that you have reviewed this Agreement, understand the terms and conditions set forth herein, and agree to be bound hereby. Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the state or federal courts situated in Sedgwick County, Kansas, although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATIONS ON LIABILITY; DISCLAIMER. Except as otherwise provided in this Agreement or by law, we are not responsible for, and the Bank and its service providers disclaim responsibility and will not be liable for, any loss, injury, or damage, whether direct, indirect, incidental, special, consequential, or exemplary damages (whether based in contract, tort, strict liability or otherwise), including but not limited to damages for loss of profits, goodwill, use, data, or other losses, even if we have been advised of the possibility of such damages, caused by (1) the Website or Services (2) the use thereof or arising in any way out of the installation, operation, or maintenance of your PC or equipment (even if we have been advised of the possibility of such damages), including liability associated with any a distributed denial-of-service attack, viruses, worms, trojan horses, or other similar harmful components that may enter your PC, computer equipment, or mobile device, (3) the cost of getting substitute goods and services, (4) any products, data, information, or service purchased or obtained or messages received or transactions entered into through or from the Services, (4) any unauthorized access to or alteration of your transmission of data, (5) statements or conduct of anyone on the services, or (6) the use, inability to use, unauthorized use, performance or non-performance of any third party account provide site, even if the provider has been advised previously of the possibility of such damages.  Regarding our Website and Services, we will use our best efforts to provide accurate and up to date information, but we make no warranties or representations as to the accuracy of the information provided by the Bank or third parties.  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. EMPRISE AND ITS SERVICE PROVIDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT ALL ACCESS AND USE OF WEBSITE, ITS CONTENTS, AND SERVICES IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless Emprise, affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement, your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or your use of the Services, including, but not limited to, any use of the Services’ content, services and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Services.

AMENDMENTS. We can amend this Agreement upon notice to you, which you agree may be sent by mail, e-mail or by an announcement conspicuously displayed directly within the Website.  Any notice will be effective not later than ten (10) days after we send or post the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved or viewed the notice by that time. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account.  However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in our account records or sent to an e-mail address at which you authorized us to send such notices and/or disclosures. The licenses, user obligations and authorizations described herein are ongoing.

NEW SERVICE. We may, from time to time, introduce new products and services that will be part of the Services. We may update and revise this Agreement to notify you of these new Services.  By using the Website or Services after such new services become available, you agree to be bound by the terms contained in any revised Agreement.

WAIVER OF JURY TRIAL AND CLASS ACTION. You agree that, with respect to any dispute with us or our service providers, arising out of or relating to your use of the Services or these terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

EXPORT RESTRICTIONS. You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.

SEVERABILITY. If any provision of this Agreement is void or unenforceable within any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity of such provision in any other jurisdiction or any other provision in that or any other jurisdiction.

AUTHORIZATION TO OBTAIN INFORMATION. You agree that in response to any account application received online, we may obtain and review your credit report from a credit bureau or similar entity.

WAIVERS AND ASSIGNMENT. No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of the Bank.  You may not transfer or assign your rights or duties under this Agreement.

Rev. 06/22