Disclosures

Community Reinvestment Act

Foundation One Bank is pleased to provide information for public inspection under the Community Reinvestment Act (CRA). Interested parties can review the data provided and produce a hard copy of documents as needed. 

Under the CRA, the following information must be maintained in a public file, current as of April 1 of each year. 

• A copy of the Public Evaluation of the banks most recent CRA Performance Evaluation
• A list of Branch Locations, including hours of operation
• Services available at the banks branches including automated teller machines (ATMs)
• The bank's HMDA Disclosure Statement
• A map and tract listing for the assessment area designated by the bank
• Written Comments
• Loan to Deposit Ratio - 2024

Any comments or questions about Foundation One Bank's CRA performance may be emailed to Molly Merrell  or addressed to: 

Molly Merrell, Senior Vice President

4141 N. 156th St. Suite 101

Omaha, NE 68116

Online Banking Agreement

Updated October 2021

BY USING THE ONLINE BANKING SYSTEM, YOU AGREE TO THESE TERMS AND DISCLOSURES. WE ARE RELYING UPON YOUR AGREEMENT IN MAKING THE SITE AVAILABLE. IF YOU DO NOT AGREE TO THESE TERMS AND DISCLOSURES, YOU MUST EXIT THE SITE. USING OUR WEBSITE AND THE SERVICES AVAILABLE THROUGH OUR WEBSITE IS OPTIONAL.

In these materials, "you" and "your" refer to the person(s) named in the enrollment form(s) used to obtain access to this site and any other person that you permit to access the site using your User ID or password. The words "we," "us" and "our" refer to Foundation One Bank. The word “password” refers to your secret authentication methods such as your password, challenge questions, and challenge image.

For your convenience, these materials are divided as follows:

General Terms

These General Terms are applicable to our website and the various "Services" accessible through our website.

Transfer and Payment Terms

These Transfer and Payment Terms are applicable to certain transfer and payment Services that are accessible through our website.

Privacy

Foundation One Bank is committed to providing the highest level of security and privacy regarding the collection and use of our online banking customer’s personal information, as well as that of all visitors to our website. Personal information may be collected through the submission of account applications, online banking transactions, or through the use of online financial tools such as interactive calculators. A detailed description of Foundation One Bank's Online Banking Privacy Policy can be found by accessing the following link: Privacy Policy. Should you have additional questions regarding the privacy of your personal information, contact us at our main bank or branch office. Contact information for each location can be found by accessing the following link: Contact Us.

Respect of Right to Privacy

Foundation One Bank respects your right to privacy and takes every precaution to provide you with the same level of privacy within our virtual branch that you receive through more traditional bank delivery channels.

Collection and Use of Personal Information

The collection of personal information online is designed to protect access to your personal accounts and to assist the bank in providing you with the products and services you want and need. All personal information collected and stored by the bank is used for specific business purposes-to protect and administer your personal accounts and transactions, to comply with state and federal banking regulations, and to help the bank better understand your financial needs in order to design or improve our products and services.

Employing stringent security measures in the collection of your personal information, all Foundation One Bank's online account applications are submitted to the bank's secure administration site through an encrypted direct line to the bank. Once received by the bank, only approved personnel may open and process the application. Furthermore, auditing mechanisms have been put into place to further protect your information by identifying which employee(s) has accessed and in any way modified-for example, updated or added to-your personal information.

Limited Employee Access to Personal Information

Foundation One Bank limits employee access to your personal information to only those bank administrators with a business reason for knowing such information. Foundation One Bank also educates all employees about the importance of confidentiality and customer privacy. In addition, individual usernames and passwords are used by approved bank personnel to access your personal information online, providing audit trails to further safeguard the privacy of your personal information.

Third-Party Disclosure Restrictions

Foundation One Bank follows strict privacy procedures in regard to protecting your personal information. In addition, the bank requires all third parties with a business need to access this information to adhere to similar and equally stringent privacy policies. Personal information may be supplied to a third party in order to process a customer transaction; if the customer requests it; the disclosure is required or allowed by law (i.e. exchange of information with reputable reporting agencies, subpoena, or the investigation of fraudulent activity, etc.).

Disclosure of Privacy Policies

Foundation One Bank is committed to ensuring the privacy of its customers' personal information. For more information regarding the Foundation One Bank Online Banking Privacy Policy, contact us or see the general PRIVACY POLICY above.

General Terms

1. General Restrictions Concerning Use of Our Website

As a condition to the use of our website, you agree not to use our site for any purpose or transaction that is unlawful or prohibited by these General Terms or any other agreement you have with us. You also agree not to use our website in any manner which could: (1) damage, disable, overburden, or impair our website or anyone else's site; or (2) interfere with any other party's access to or use of our website or anyone else's site. You agree not to obtain or attempt to obtain access to or use of any aspect of our website through any means we do not intentionally make available on the site. You agree not to frame our website or to mirror our website on any other site and agree not to link to any portion of our site other than our home page. You agree to comply with the restrictions in the Copyright and Proprietary Rights paragraph.

2. PINS and Passwords; Security

IMPORTANT: We may permit access to your account information and may accept as authentic any instructions given to us using your User ID or password. You agree to keep your User ID and password confidential. You agree to notify us immediately if your User ID or password is lost or stolen or if you believe someone else has discovered your User ID or password. If you give your User ID or password to someone else, you are authorizing that person to act on your behalf. We may permit such a third party to access your account information, to make transfers and payments and to otherwise use the
Services. Online Banking Services enable you to change your password; we recommend that you do so regularly. Don't use something that's easy to guess for your password (for example, your name, address, or birth date) – a combination of letters, numbers and special characters, challenge questions, and a challenge image is required. We may be liable for certain security breaches to the extent required by applicable law and regulation (see Liability for Unauthorized Use). We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities. We reserve the right to: (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers and payments as we deem appropriate. This means, for example, that we may require your written or other verification before we make a transfer. Our records will be final and conclusive in all questions concerning whether or not your User ID or password was used in connection with a particular transaction. If any unauthorized use of your User ID or password occurs, you agree to: (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance that we request in recovering any unauthorized transfer or payment funds.

3. Account Information

Balance information available on our website may not reflect outstanding checks or charges, unposted transactions (such as deposits, payments, or credits), or recent transfers or payments. Balances in deposit accounts may also be subject to a hold (which will not necessarily be evident from your online statement, but you will receive written notice when the hold is placed). Balance information is generally provided as current as possible but may not reflect all pending transactions. Online transaction history for accounts may be limited. You may need to check the statements that we have previously sent you for information prior to the first day covered by the online transaction history.

4. E-mail

You may email us through the Contact Us feature of our website for general, non-urgent communications. You should not rely on e-mail for important or time-sensitive notices to us such as stop payment orders, or for reporting a lost or stolen User ID, password, or debit card. In any event, we will not take action based on an e-mail request until we actually receive your message and have a reasonable opportunity to react. We would also caution you against using e-mail for transmitting sensitive personal information. We reserve the right to terminate Services if e-mail is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex or national origin.
You may use the Contact Us feature of our website to notify us of errors on your statements (for further information, see Error Resolution Procedures with reference to transfers or payments, or the applicable similar provision in the disclosures given to you for an existing product). You should not consider that we have received your notification unless and until you receive a response from us. If you do not receive a response to your dispute within two days, you should resend your message (and await a response from us) or follow the other notification procedures in the applicable provisions referenced above.
DO NOT NOTIFY US VIA E-MAIL OF LOST OR STOLEN USER IDs, PASSWORDS, OR DEBIT OR ATM CARDS. DO NOT SEND TRANSFER OR PAYMENT REQUESTS VIA E-MAIL.

5. Other Services

Other services and features on our website may include instructions on their proper use. You agree to follow those instructions.

6. Service Availability

Services will generally be available 24 hours per day, seven days per week, except for scheduled maintenance. Services may be unavailable at other times for security reasons, due to system problems, if phone lines are down, and for other reasons. We have a contingency/recovery plan for system problems. We reserve the right to change service hours at any time.

7. Limitations

The Services and our other products and services are not necessarily available everywhere, and may or may not be available to non-residents or non-citizens of the United States. Accessing our website from outside the United States is not permitted, except for access by our existing customers. Information about products and services is provided for informational purposes only and should not be considered an offer to make those products and services available to you. We have no obligation to provide a product or service until: (i) we have received and approved an application in the form we require; and (ii) you have signed a separate written agreement in the form we require (if any). We may require in-person closings for certain products.

8. Equipment

You are solely responsible for the system (including the personal computer, software and Internet service provider) you use to access the Services. We are not responsible for errors or delays or your inability to access the Services your system causes. If upgrades to your system are necessary to continue to access our site, those upgrades are your sole responsibility. We are not responsible for the cost of upgrading your system to stay current with the Services and we are not responsible in any circumstances for any damage to your system or your data. IT IS YOUR RESPONSIBILITY TO PROTECT YOUR SYSTEM'S SECURITY AND TO PROTECT YOUR SYSTEM AGAINST VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. YOU AGREE TO USE REASONABLE CARE NOT TO INTRODUCE ANY SUCH ITEMS TO OUR WEBSITE.

9. Termination

If you want to terminate your access to the Services, you can call us at the number in the Contact Us section of our website. Services may be discontinued immediately if we receive a call from you or someone claiming to be you. Alternatively, we may require that you follow another procedure so that we may verify your identity and your authorization to terminate. Recurring transfers or payments will not necessarily be discontinued because you terminate access to the Services. If you want to make sure that online recurring transfers or payments are stopped, you must follow the procedures in the Discontinuing Transfers and Payments paragraph.
We reserve the right to terminate access to our website and any or all Services in whole or in part at any time, with or without cause and without prior written notice. In that event or you give us a termination notice, we may (but are not obligated to) immediately discontinue making previously authorized transfers or payments, including recurring transfers or payments and other transfers that you previously authorized but have not yet made. We also reserve the right to temporarily suspend access to our website and any or all Services in situations we deem appropriate, in our sole and absolute discretion, including when we believe a system security breach has occurred or is being attempted. We may consider repeated incorrect attempts to enter your User ID or password as an indication of an attempted security breach.
Terminating the Services does not affect your or our rights or obligations under these terms and disclosures with respect to occurrences before termination.

10. Changes

We may change these terms and disclosures at any time. We will inform you of any changes as and to the extent applicable law requires. Unless otherwise stated, changes will be effective immediately. In any event, continuing to use the Services after a change means that you agree to the change. If you disagree with a change, you may terminate the Services as provided above.

11. Information Accuracy

Although we strive for accuracy, some information and resources provided to you using the Services may contain technical or other errors, inaccuracies or omissions, typographical errors, and may become outdated. We may change our products, services, terms, conditions, and pricing at any time without notice and without first updating our website. Nothing on our website is intended to provide legal, accounting, tax, or financial advice; you should consult your own professional advisor on such matters. Tools that you may access through the Services (such as loan or investment calculators) are provided for your convenience but are not guaranteed to be error-free.

12. Warranty Disclaimer

ALL INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

13. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER WHICH ARISE OUT OF OR RELATE TO:
A. YOUR USE OF OR ACCESS TO (OR INABILITY TO USE OR ACCESS) THE SERVICES;
B. YOUR RELIANCE ON ANY INFORMATION PROVIDED VIA OUR WEBSITE; OR
C. ANY OTHER FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OR DEFECT, OR ANY LOSS OR DELAY IN TRANSMISSION.
WE SHALL HAVE NO LIABILITY FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA ON YOUR COMPUTER SYSTEM, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY THEREOF. WE DO NOT GUARANTEE THE SECURITY, PRIVACY, OR INTEGRITY OF INFORMATION THAT YOU MAY TRANSMIT TO US OR RECEIVE FROM US OVER THE INTERNET.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.

14. Exceptions

PARAGRAPHS 12 AND 13 SHALL NOT BE DEEMED TO DISCLAIM LIABILITY SPECIFICALLY IMPOSED ON US BY STATUTE OR REGULATION, TO THE EXTENT SUCH LIABILITY CANNOT BE WAIVED OR DISCLAIMED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT FULLY APPLY TO YOU. TO THE EXTENT THAT THE FOREGOING IS NOT FULLY ENFORCEABLE UNDER APPLICABLE LAW, YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

15. Other Products

Resources, products, and services provided by third parties but accessed through the Services (such as, but not limited to, via links to other websites from our website) are not our responsibility and we make no representation whatsoever about them. The fact that we have provided access to a third-party resource, product or service does not mean that we endorse it. The third party may have a privacy policy that is different than that of Foundation One Bank. Please review their privacy policy.

16. Information Submissions

The following does not apply to personal information that we request from you or information about you or your accounts that is subject to our privacy guidelines: We do not want to receive your confidential or proprietary information through the channels that we provide for you to access the Services. You should not send such information to us through the Services. Any information you do send to us will be deemed NOT CONFIDENTIAL OR PROPRIETARY. By sending us any information, you: (1) grant us an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information; and (2) agree that we are free to use any ideas, expressions of ideas, concepts, know-how, designs, techniques, or inventions that you send us.

17. Credit Review; Third Party Contacts

You agree that we may contact any source necessary and may obtain credit reports on you in connection with the Services. We may also contact third parties (such as but not limited to merchants and other financial institutions) in connection with resolving problems with the Services.

18. Waiver

Any waiver of these terms and disclosures will not be effective unless in writing signed by our authorized officer.

19. Assignment

You may not transfer, assign, or delegate your rights or duties under these terms and disclosures. Do not use an aggregator or screen scraper service provider. If you choose to use an aggregator or screen scraper service provider, you are authorizing them to act on your behalf in obtaining the Services.

20. Governing Law; Venue

Unless we otherwise agree in writing, Nebraska law governs these terms and disclosures and all aspects of our relationship with you. If any part of these terms and disclosures is invalid or unenforceable, the remainder will stay in effect. Litigation arising out of or relating to these terms and disclosures, our website, the Services, or any aspect of our relationship with you shall be commenced and maintained solely and exclusively in the state and federal courts sitting in Douglas County, Nebraska, United States.

21. Copyright and Proprietary Rights

We own all copyrights in our website's contents, including, without limitation, all pages and the screens displaying the pages for our website, all information, documents, logos, graphics and other materials contained on our website, and their arrangement. Other trademarks or service marks referenced on our website are their respective owners' property. You may not copy or display (except as strictly necessary for you to view these materials on your own computer), republish, redistribute, transmit, modify, or otherwise use, transfer or exploit, without our prior written consent, any part of these pages or screens. You agree not to decompile, disassemble or otherwise reverse engineer our website or any software or materials you obtain from our website. We may claim trademark and/or service mark rights in marks used in our website.
We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to our site, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these terms and disclosures, nothing shall be deemed to grant you any right, title, interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive, non-transferable, and revocable.

22. Complete Agreement

These General Terms and the Transfer and Payment terms are the complete terms of our agreement with respect to the Services described herein, but do not supersede the terms and conditions applicable to other products or services that you may have previously acquired from us or that you may acquire from us in the future. These terms do not, for example, supersede the terms applicable to your deposit accounts, debit cards or other line of credit or loan products.

23. Sole Proprietor Accounts

If you use the Services to access a sole proprietor account with us, please note that: (i) you are solely responsible for the tax consequences of all transfers between your various business and personal accounts and all payments you make using the Services; and (ii) Sections 7, 8, 9 and 10 of the Transfer and Payment Terms do not apply to transfers from your sole proprietor account. Provisions of the Transfer and Payment Terms indicating that we are liable for failure to make transfers or payments on time or that we are liable for failure to cancel or discontinue transfers or payments are applicable only to transfers from consumer accounts.

Transfer and Payment Terms

These Transfer and Payment Terms are in addition to the General Terms. In the event of conflict regarding transfers and payments between these Transfer and Payment Terms and the General Terms, these Transfer and Payment Terms control.

1. Authorization

Each time you request us to make a transfer or payment using the Services, you authorize us to complete that transfer or payment without any further instructions or your signature.
You may revoke your authorization only by following the procedures (and subject to the limitations) in the paragraph
on Discontinuing Transfers and Payments. Certain authorizations may not be revoked because we begin to process the request immediately. We are entitled to treat transfer and payment requests as if they were in writing and signed by you if initiated by your User ID and password.

2. Transfers between Accounts with Us

You may use the Services to transfer money between certain accounts of yours with us (subject to relevant account restrictions). You may use the Services to make "one-time" or "repeat" transfers. A one-time transfer is a transfer that is made on a one-time basis that is: (1) scheduled to pay on the same business day you request such transfer, and such immediate one-time transfer will be made immediately; or (2) scheduled to pay on a future business day from the business day you request such transfer, and such future one-time transfer will occur at the time of processing on that future business day. A repeat transfer is one for the same amount that is made on a weekly, bi-weekly, bi-monthly, monthly, quarterly, semi-annual, or annual basis. Once started, repeat transfers will be made automatically until you tell us to cancel the repeat payment and we have a reasonable opportunity to act. Please note that transfer dates may be automatically moved to the next business day if you request a transfer date that is not a business day, or you request the transfer date to be on the same day as your request and you make such request after 5:00 p.m. Central Standard Time or on a day that is not a business day.
DO NOT SEND TRANSFER REQUESTS VIA E-MAIL.

3. Limitations

In addition to the limitations stated above, any applicable limitations on transfers that apply to any of your deposit accounts remain in effect (and transfers or payments using the Services will count as transfers for those purposes). For security reasons, there may be limitations (in addition to those referenced above) on the frequency and dollar amount of the transfers and payments you may make using the Services. You understand that transfers and payments from your account must comply with United
States law (and we may refuse to make transfers and payments prohibited by law).

4. Paper Statements

Transfers and payments from your accounts with us will be reflected on the regular account statements we deliver to you. Please continue to review all the statements you receive through the mail. You may also review transfers and payments from your accounts with us on your account detail screens. If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must notify us of the relevant facts. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of thirty (30) days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signatures, alterations, or forgeries in your account within sixty (60) days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. You may also review transfers and payments from your accounts with us on your account detail screens. If any of your statements show an incorrect or unauthorized transaction, you agree to notify us immediately. If you do not follow the Error Resolution Procedures, your statement will be considered correct for all purposes, and we will not be liable for any transfers or payments reflected thereon. You agree to promptly notify us of any change in your address or telephone number.

Electronic Statements and Agreement to Receive Electronic Statements

This disclosure regarding eStatements for Foundation One Bank applies to each account you have with Foundation One Bank where electronic statements are available.
The words “we,” “us,” and “our” means Foundation One Bank and the words “you” and “your” means you, the individual(s) who is identified on the account as the owner or authorized signer as the account holder on the Account(s). As used in this disclosure, “communication” means any periodic statement, authorization, agreement, disclosure, notice, or other information related to your account, including but not limited to information that we are required by law to provide to you in writing.

Scope of Communications

When you select “eStatement Enrollment” with respect to an account, you agree that we will provide you a periodic statement and check images relating to your account(s) in electronic format. If you request to receive your statement by electronic delivery, you understand and agree that you will no longer receive a paper statement. Your consent to receive electronic communications and transactions includes, but is not limited to:
• Initial disclosures or agreements for your Account(s).
• Periodic disclosures or monthly statements for your Account(s).
• Notices or disclosures about a change in the terms of your Account(s).
• Privacy policies

Method of Providing Communications

All communications that we provide to you in electronic form will be provided either (1) via email at the email address you have provided (see Notification of eStatement Availability below) Following your enrollment for eStatements you will no longer receive a paper statement delivered by mail. You should print or download, for your records, a copy of your Foundation One Bank Online Statements and any changes to that authorization. You do have the ability to request a paper copy of an electronic communication by telephone at 402-502-5558, or by mail to 4141 North 156th St. Suite 101, Omaha, NE 68116. We may charge you a reasonable service charge as disclosed in the terms and conditions of your account for the delivery of paper copies of any communication provided to you electronically pursuant to this authorization.
Notification of eStatement Availability –The bank will send an email message informing you when your eStatement has been created and is available.

Withdrawing Consent

You may withdraw consent to receive communications in electronic form for any of your accounts by contacting us via email at (depositops@foundationonebank.com), by telephone at (402) 502-5558, or by mail to 4141 N. 156th St., Suite 101, Omaha, NE 68116. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic communications. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal.

Updating Information

It is your responsibility to provide us with accurate and complete information regarding email address, contact, and other information related to this disclosure and your account(s), and to maintain and update promptly any changes in this information. You can update your email address and security information within Online banking by clicking on Profile on the Navigation Menu. To update other information such as address or phone number changes relating to your account you may contact us by email at (depositops@foundationonebank.com), by telephone at (402) 502-5558, or by mail at 4141 N. 156th St., Suite 101, Omaha, NE 68116. Do not send confidential information to us through email.

Termination or Changes of eStatement Information

We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of such termination or change as required by law.

Software and Hardware Required

In order to access, view, and retain electronic communications that we make available to you, you must have the following software versions (or higher):
• Internet Explorer 7.0 with 128-bit encryption, or Firefox 2.0
• Adobe® Acrobat® Reader® 8.0 (This product is available free at www.adobe.com)
• An email account with an internet service provider and email software in order to participate in our electronic communications programs.
• A printer or computer disk space for the storage and retention of eStatements.
The same terms apply with respect to electronically delivered Bank Statements as for those delivered in paper form, and the deposit agreements and disclosures that you have previously entered into with or received from us remain in effect.

Retention Period

We will store your Bank Statements and check images electronically within Online banking for 24 months from the date of delivery. You may print or download your Bank Statements and check images to retain copies of them.

Privacy

Our privacy policy (which has been previously provided to you and is available at (Foundationonebank.com) will apply to this service. You must have a valid email address. This email address will be used in accordance with Foundation One Bank’s privacy statement to deliver notifications of your Foundation One Bank Statements and notices to you.
The bank will not solicit account information from you through email. Your private information such as account number, social security number, password and/or user code will never be solicited by Foundation One Bank. If you receive email communication asking for this type of data, you should not respond to the email. If you are the recipient of this type of email and wish to file a complaint, we suggest contacting the following government sponsored website and follow their recommended procedures: procedures: http://reportfraud.ftc.gov/#/ The bank may occasionally send you an informational email regarding updated electronic banking features to enhance your internet banking experience.

Security

To access your Bank Statements, you must be enrolled in Online banking at (myfoundationfirst.com) where you will be required to use a unique user code and password. Your password must be at least 9 characters with no more than 17 characters, and contain one number, one uppercase character and one lowercase character and one special character. To protect the security of your banking information, you must not disclose or share your password with any third party. We recommend you periodically change your password. In addition, your Bank Statements will not be forwarded to you though email. You will be notified by email that they are available for you to access through Online Banking. Foundation One Bank will never solicit password information from you.

Federal Law and Consent

You acknowledge and agree that your consent to electronic communications is being provided in connection with a transaction affecting interstate commerce that is subject to Federal Electronic Signatures in Global and National Commerce Act, and that you and Foundation One Bank both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
By checking the eStatement enrollment box and clicking “accept”, you consent to the electronic delivery of your periodic statement and all notices (including any change in terms) which are included with paper statements and acknowledge that you have the necessary software to view and save PDF Files, which allow you to view your statement Online. Please refer to the Online Banking Terms and Conditions for additional information.

5. Balances

We may, but need not, make any transfer or payment if you do not have a sufficient balance on the date you request the transfer or payment or on the date the transfer or payment is scheduled to be made. If we do make the transfer, you agree to immediately reimburse us for the overdraft that it creates (and understand that we may deduct the amount thereof from any other account you, alone or with others, maintain with us) and that we may charge you a fee for the overdraft. Although we may generally attempt to inform you if a requested transfer or payment is not made, we are not obligated to do so.

6. Discontinuing or Changing Transfers and Payments

For repeat transfers between accounts: If you wish to edit or delete a repeat transfer, log into Online Banking and select Transfer. Locate your scheduled transfer and select edit or delete depending on the transaction you want to complete. To edit the transaction, select the Edit button, make your required changes, then select the Preview Transfer button, review the information for validity, then select the Complete Transfer button if correct. To delete the transaction, select the Delete button, review the information to be deleted, then select the Delete Transfer button if correct. This will delete the pending transfer and all future occurrences. Questions regarding discontinuing or changing repeat transfers can be directed to 4141 N. 156th St., Ste. 101, Omaha, NE 68116 or call 402-502-5558.
For one-time transfers between accounts: If you wish to edit or delete a future one-time transfer, log into Online Banking and select Transfer. Locate your scheduled transfer and select edit or delete depending on the transaction you want to complete. To edit the transaction, select the Edit button, make your required changes, then select the Preview Transfer button, review the information for validity, then select the Complete Transfer button if correct. To delete the transaction, select the Delete button, review the information to be deleted, then select the Delete Transfer button if correct. Questions regarding discontinuing or changing repeat transfers can be directed to 4141 N. 156th St., Ste. 101, Omaha, NE 68116 or call 402-502-5558
DO NOT SEND REQUESTS TO DISCONTINUE TRANSFERS OR PAYMENTS VIA EMAIL.

7. Our Liability

If we fail to complete an electronic funds transfer or payment in time or in the correct amount, in accordance with this agreement and when you properly instruct us, we are liable for your losses or damages. However, there are some exceptions. For instance, we are not liable: (1) if, through no fault of ours, you don't have sufficient funds in your account to make the transfer or payment;
(2) if the funds are subject to legal process or other encumbrance restricting a transfer or payment; (3) if the transfer or payment exceeds your credit limit; (4) if there is a technical malfunction which is known to you at the time you attempt to initiate the transfer or payment or, in the case of a recurring transfer or payment, at the time the transfer or payment should have occurred;
(5) if circumstances beyond our control (such as a fire, flood, power outage or communications or computer system failure) prevent the transfer or payment, despite reasonable precautions that we take. In no event are we liable for more than actual damages proved if any failure of ours was unintentional, and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such an error.
This does not mean that we accept liability for other circumstances resulting in transfers or payments not being made or completed on time. For example, we are not responsible for delayed or failed transfers or payments if: (1) you fail to use the Services properly in accordance with this agreement and any online or other instructions supplied in connection with the Services; (2) you don't request the transfer or payment and schedule it sufficiently in advance of the due date for the obligation you are paying; (3) you exceed applicable restrictions on the number, amount or frequency of transfers; (4) your computer or software fails to operate correctly, or your instructions are lost or delayed in transmission to us; (5) a bona fide security consideration causes us not to make the transfer or payment (e.g., your User ID or password has been reported lost or stolen, we have reason to believe a transfer is unauthorized, or the transfer would violate other security restrictions in our system); or (6) your relevant deposit account is closed or services hereunder have been terminated or suspended.

8. Liability for Unauthorized Use

Tell us AT ONCE if you believe your User ID or password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. If your deposit account statement shows transfers or payments that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented someone from taking the money if you had told us in time. If you believe your 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 can call us at the number in the Contact Us section of our website or write to us at: Foundation One Bank 4141 N 156th St. Suite 101, Omaha, NE 68116.
DO NOT SEND NOTIFICATION OF LOST OR STOLEN USER IDs OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA EMAIL.

9. Error Resolution Procedures

In Case of Errors or Questions About Your Electronic Transfers, telephone us at (402)502-5558, write us at Foundation One Bank, 4141 N 156th St. Suite 101, Omaha, NE 68116 or email us at depositops@Foundationonebank.com 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 you the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error, or the transfer or payment you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. 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 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, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
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.

10. Privacy Policy; Account Information Disclosure

Your privacy is important to us. Our current general Privacy Policy precedes these terms and disclosures. In connection with transfers and payments, you should also note that we will disclose information to third parties about your account; (1) in order to comply with laws, regulations or government agency or court orders; (2) if you give us your written permission; (3) if we arrange with another party to provide part of the Services, or if another party provides the products or services that you request using the Services; (4) if the Services are terminated or your account is closed for cause.

11. Business Days

Our business days are Monday through Friday, excluding holidays.

12. Unlawful Internet Gambling Notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed though this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts, are knowingly accepted by gambling businesses in connection with participation by others in unlawful Internet gambling.

13. ACH and Wire Transfer

This agreement is subject to Article 4A of the Uniform Commercial Code-Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payment made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Funds Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of Nebraska as provided by the Operating Rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account.

CHILDREN’S PRIVACY POLICY

Our website is directed to a general audience. We do not knowingly solicit or collect personal information from children on our site.