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:
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.
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
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
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.
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.
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.
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.
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.
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 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:
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
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.
Any waiver of these terms and disclosures will not be effective unless in writing signed by our authorized officer.
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.
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.
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.
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.
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
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.
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:
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.
You may withdraw consent to receive communications in electronic form for any of your accounts by contacting us via email at (firstname.lastname@example.org), 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.
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 (email@example.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):
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.
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.
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.
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;
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.
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.
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.
Our website is directed to a general audience. We do not knowingly solicit or collect personal information from children on our site.