WEBSITE TERMS AND CONDITIONS

ANYONE ACCESSING THE WWW.FIRSTBANKMORTGAGE.COM WEBSITE (“WEBSITE”), WHETHER AN INDIVIDUAL, ORGANIZATION, OR PUBLIC ENTITY DOES SO UNDER THE FOLLOWING TERMS AND CONDITIONS.  WE MAY MODIFY THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE TO YOU.  YOU SHOULD REVIEW THEM WHENEVER USING THIS WEBSITE TO BE SURE YOU ARE AWARE OF THE MOST RECENT VERSION.  YOUR USE OF THIS WEBSITE, WHETHER OR NOT YOU HAVE REVIEWED THEM, IS SUBJECT TO THE MOST RECENT TERMS AND CONDITIONS.  YOUR USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF EACH USE OF THE WEBSITE.  These terms and conditions are in addition to any separate agreement that may have been entered into between First Bank dba First Bank Mortgage (“First Bank”, “we”, “us” or “our”) and such individual, organization or public entity (“you” or “your”).  If there is a conflict between these terms and conditions and another agreement, the terms of the other agreement shall govern.  

We reserve the right at any time to make changes or additions to or to delete any of the products and services available.  Not all products and services may be available in each of the locations where we do business and the terms of the products and services may vary from location to location.  Our products and services are offered only in those jurisdictions where they may legally be offered.

Links to Third Party Sites or Products.  We may include on our Website links to websites controlled by third parties who are not related to First Bank (“Third Party Site”).  They are provided only for your convenience.  Providing the links is not an endorsement or sponsorship of any third party or its products and does not create an affiliation or partnership between First Bank and any third party.  A Third Party Site may have different information-sharing and privacy policies than First Bank and the Third Party site may not be as secure as the Website.

If we make such links available, we will tell you that you are leaving our Website.  We have no control over, and are not responsible for, the content, products and/or services provided at any Third Party Site and are not liable for any failure of any content, products and/or services provide at a Third Party Site. 

Copying.  You agree that you may not copy or distribute the material on this Website in any way, including electronically or in physical form or base any other works on the material, including but not limited to metatags on other pages or sites on the World Wide Web without First Bank’s prior written consent.  You agree that you will not reverse engineer or reverse compile any of our technology associated with the Website.  These restrictions apply, without limitation, to text, software, photos, images, sound recordings and graphics.  You may make copies in the ordinary course of your use of the Website and a reasonable number of printed copies for your own personal or internal business use, as long as no copyright, trademarks or other notices are deleted.  Title to and all intellectual property right in the materials on the Website remains with First Bank.

No Warranty. We try to ensure that the information on this site is accurate and up-to-date. However, WE DO NOT WARRANT INFORMATION APPEARING ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE FOR COMPLETENESS, TIMELINESS OR ACCURACY. ALL CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ANY IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY DAMAGES IF THIS WEBSITE IS UNAVAILABLE FOR ANY REASON, OR IF YOUR COMPUTER OR ANY PROGRAM YOU USE IS INFECTED BY A VIRUS OR OTHER MALICIOUS PROGRAM. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF USE, LOST DATA OR LOST PROFITS ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE OR THE COPYING, DISPLAY OR USE OF INFORMATION ACCESSED THROUGH THIS SITE, WHETHER OR NOT WE WERE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY.

Computer Equipment.  You are solely responsible for the maintenance, installation and operation of your computer, and for the hardware and software used in accessing the Website.  First Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor will First Bank be responsible for any computer virus that affects your computer or the software while using the website.  Any undetected virus or virus that is not removed from your computer may corrupt and destroy your programs, files and even your hardware.    
Additionally, you must have an Internet Service Provider and a browser that supports 128-bit encryption to access the Website.  It will be your responsibility to establish these.  Any costs or fees to obtain these services or software are solely your responsibility.

System Availability.  You may access the Website  24 hours a day, 7 days a week, except for interruptions due to maintenance or matters beyond First Bank’s control.

Governing Law.  This Agreement shall be governed by the laws of the state of Missouri and, where applicable, by federal law.  Any issue relating to an account or service with First Bank shall be governed by the law(s) specified in the agreement for that account or service if there is a separate agreement for that account or service.

Copyright and Service Mark / Trademark. The content of this Website, including but not limited to the text and images and their arrangement, are copyright © 2007 by First Bank, Inc. All rights reserved