Website Terms and Conditions of Use

1. Notice

   PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE (THESE “TERMS OF USE”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF USE HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF USE HEREIN, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF. NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC AREAS. YOUR ELIGIBILITY FOR PARTICULAR PRODUCTS AND SERVICES IS SUBJECT TO FINAL DETERMINATION BY, AS APPLICABLE, FWBANK, AS THE CASE MAY BE.
   
   The words “we,” “us”, “our”, “Bank” or “First Women’s Bank” refer to FWBank and the words “you” and “your” mean any individual or entity accessing or using this website.
2. Ownership of Site; Agreement to Terms of Use

   This is an agreement between you and FWBank. The terms and conditions of use (the “Terms of Use”) contained in this document shall govern your use of any website or webpage operated by FWBank (collectively, the “Site”). The Site is the property of FWBank and its licensors.

   These Terms of Use apply to the websites located at www.firstwomens.bank, and any other website, webpage or all sites owned, operated and/or linked thereto by FWBank.

   
   FWBANK OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY (see Sections 8 and 9) AND A DISPUTE RESOLUTION AGREEMENT (see Section 15). THE PROVISIONS SET FORTH HEREIN ARE MATERIAL TERMS FOR YOUR USE OF THE SITE.

   
   FWBank reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your ongoing responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you unconditionally accept and agree to the changes. As long as you comply with these Terms of Use, FWBank grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

3. Additional Terms

   Any Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Site, including without limitation, particular features, products or offers. If any provision contained in these Terms of Use conflicts with any terms contained within any other FWBank Site, then the additional terms or conditions will govern for those pages or sections, as applicable. Use of the Site shall be governed by all applicable federal, state and territorial laws, as applicable. We make no representation or warranty that our website is available or appropriate for use in countries other than the United States. Information or Content on the Site is not intended to be tax or legal advice. Information or Content cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. FWBank does not provide legal or tax advice. You should review your particular circumstances with your independent legal and tax advisors, professionals and/or consultants. These Terms of Use shall be construed in accordance with the laws of the State of Illinois, and any arbitration or judicial proceedings to enforce or interpret the terms hereof may be brought only in the State of Illinois.

4. Content

   All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to FWBank and is protected by applicable trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Certain other words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. The display of any such trademarks or trade dress on the Site does not imply that a license of any kind has been granted.

   
   FWBank, First Women’s Bank, FWB, among others, are service marks of FWBank, and/or any one or more of its subsidiaries or affiliates.

   All information and Content on the Site is protected under the copyright and trademark laws of the United States and other countries, as applicable. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without FWBank’s express prior written consent. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site herein is strictly prohibited, and could subject those engaging in such activities to legal action.

   
   You may use information on FWBank products and services (such as brochures, fact sheets, marketing and similar materials) purposely made available by FWBank for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. The products and services described in various webpages on the Site, as applicable, may only be offered in certain jurisdictions where they may be legally offered for sale or otherwise as designated by FWBank in its sole business discretion. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be restricted, prohibited or otherwise contrary to applicable law or regulation.

5. Your Use of the Site

   You agree that in accessing or using the Site you will not engage in any activities that violate or are contrary to any applicable laws, regulations, or rules in addition to any terms and conditions you may have agreed to with FWBank. You expressly agree not to misuse this Site or any Content. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. FWBank reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any FWBank server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any customer of FWBank, including any FWBank account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or FWBank’s systems or networks, or any systems or networks connected to the Site or to FWBank. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FWBank on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FWBank or others.

   Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those penalties provided by the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.).

6. Accounts, Passwords and Security

   Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password to access an account online). You are entirely responsible for maintaining the confidentiality of your applicable account information, including your password and security token (as applicable), and for any and all activity that occurs under your account. You further agree to establish commercially reasonable security procedures and controls to protect any of your confidential information. You agree to notify FWBank immediately of any unauthorized use of your applicable username, account, password, security token, or any other breach of security, including suspected or actual account “phishing” incidents. However, you may be held liable for losses incurred by FWBank or any other user of or visitor to the Site due to someone else using your applicable username, password, security token, security code, PIN or account. You may not use anyone else’s username, password, security token, security code, PIN or account to access the Site at any time without the express permission and consent of the holder of such username, password, security token, security code, PIN or account. FWBank cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Do not communicate confidential information to us over the Internet, or request that we communicate confidential information to you over the Internet. If you choose to communicate confidential information to us over the Internet or request that we communicate information to you over the Internet, FWBank will not be responsible or in any way liable for any losses or damages you may incur as the result of such communication(s). All information submitted to FWBank via this website will become the property of FWBank. 

7. Privacy

   FWBank’s applicable Privacy Policy(ies) and applicable online security and online privacy practices applies to use of the Site, and its terms are made a part of these Terms of Use, as the case may be. To view FWBank’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, account information) is encrypted.

8. Disclaimers

   FWBANK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. FWBank DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, NOR DOES FWBANK MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FWBANK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR THAT THE SITE WILL NOT BE THE SUBJECT OF A SECURITY BREACH. FWBANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. FWBANK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FWBANK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FWBANK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. FWBank reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

9. Limitation of Liability

   FWBANK WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.

10. Weblinking Practices

    FWBank is committed to providing you with the most complete information possible to help you make sound financial decisions. As a convenience to you, FWBank may provide access to information, products or services offered on websites or Internet resources that are owned or operated by other companies, that are not otherwise affiliates of FWBank (“third-party website”). We provide this access through the use of hyperlinks that automatically move you from and out of FWBank webpages or websites (including, as the case may be, the Site) to a third-party website. When you link from an applicable FWBank webpage or website (including, as the case may be, the Site) to a third-party website, the linked site may appear in a new browser window or an alert will appear to notify you that you are leaving a FWBank webpage or website, as the case may be.

    
    Hyperlinks to third-party websites are solely for informational purposes and for use at your own risk. FWBank cannot and does not endorse, approve or guarantee information, products, services or recommendations provided at a third-party website and disclaims any and all liability in connection therewith. Because FWBank does not control third-party websites, we may not always know when information on a linked third-party website changes. Therefore, FWBank is not responsible for the content or accuracy of any third-party website and FWBank will not be responsible for any loss or damage of any sort resulting from the use of a hyperlink on its website nor will it be liable for any failure of products or services advertised or provided on these linked third-party websites.

    
    FWBank offers hyperlinks to you on an “as is,” “as available” basis. When you visit a third-party website by using a hyperlink on a FWBank website (including, as the case may be, the Site), you will no longer be protected by FWBank’s applicable privacy policies or security practices, as well as other policies. The data collection, use and protection practices of the linked third-party website may differ from the practices of FWBank websites. You should familiarize yourself with the privacy policy and security practices of the linked third-party website before providing personal information. Those are the policies and practices that will apply to your use of the linked third-party website, NOT FWBank’s policies and practices. In the event you conduct a transaction on a linked third-party website, FWBank will not represent either members or the owner of the linked or accessed third-party website.

    
    Here are some tips to help you tell if you have left the Site:

    • Instead of an FWBank Internet address, www.firstwomens.bank, the URL of the linked third-party website appears in the location box (or address field) of your web browser.
    • The linked third-party website is shown in a new browser window. The appearance of the linked third-party website, including its colors and graphic design, is significantly different from the FWBank website.
    • The linked third-party website or webpage does not appear in a new browser, but you find one or more of the following:
      
      • The logo of a different company on the linked third-party website, or the words “Powered by,” “Brought to you by,” or “Provided by.”
      • The layout and content of the navigation tools on the linked third-party website are different from FWBank’s navigation content or layout.
      • The navigation hyperlink(s) refers to a description of the company that sponsors the third-party website. It may be titled “About (Third-party’s Name)”.
      • A third-party’s privacy policy and terms of use statement are identified instead of FWBank’s.
      • Information in the footer at the bottom of the webpage contains information about a company other than FWBank.

    FWBank is committed to providing you with quality online services. If you find any information on any FWBank webpage or website (including, as the case may be, the Site) that you believe to be inaccurate or have concerns about a hyperlink to a third-party website, please e-mail us at CustomerCare@firstwomens.bank.

11. Third-Party Companies and Products

    Mention of third-party products, companies and web sites on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. FWBank assumes no responsibility and disclaims any and all liability with regard to the selection, performance or use of these products or vendors. FWBank provides this only as a convenience to our users. FWBank has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and FWBank assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.

12. Third-Party Account Information

    By using any applicable online banking or account linking service or any similarly applicable service throughout the Site, you authorize FWBank and its agents to access third-party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint FWBank and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting FWBank and its agents to process your request and use information submitted by you to accomplish the foregoing.

13. Electronic Banking Services Terms of Use and Privacy Statement

    Additional terms and conditions apply to FWBank ’s electronic banking services. Visit our online and mobile banking sites to view the terms and conditions applicable to each available service and its use.

14. Violation of These Terms of Use

    FWBank may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint (including, but not limited to, any governmental or law enforcement inquiry) regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FWBank’s rights or property, or the rights or property of visitors to or users of the Site, including FWBank’s customers. FWBank reserves the right at all times to disclose any information that FWBank deems necessary to comply with any applicable law, regulation, legal process or governmental request, including in connection with assisting the government fight the funding of terrorism and money laundering activities and complying with any and all applicable laws, rules or regulations in relation thereto. FWBank also may disclose your information when FWBank determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that FWBank may preserve any transmittal or communication by you with FWBank through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if FWBank determines that such preservation or disclosure is reasonably necessary (1) to comply with legal process, (2) to enforce these Terms of Use, (3) to respond to claims that any such data violates the rights of others, or (4) to protect the rights, property or personal safety of FWBank, its employees, users of or visitors to the Site, or the public. You agree that FWBank may, in its sole discretion at any time and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site or for other cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

15. Dispute Resolution Agreement

    To the extent permitted by applicable law, any claim or dispute related to these Terms of Use or your use of the Site or duties contemplated under these Terms of Use, including the validity of this arbitration clause (the “Claim”), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the then current Commercial Arbitration Rules and this provision and shall be aired in the State of Illinois. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16 to the exclusion of any provision of state law inconsistent therewith or which would produce a different result. A single, neutral arbitrator shall determine the Claim of the parties and render a final award in accordance with the substantive law applicable. Strict confidentiality shall govern any arbitration proceedings, any and all information submitted to the arbitrator by the parties and to the decision or award entered by the arbitrator. Any court having jurisdiction may enter judgment upon the award rendered by the arbitrator. The terms hereof shall not limit any obligation of a party to defend, indemnify or hold harmless another party against court proceedings or other claims, losses, damages, or expenses.

    
    The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to your use of the Site; provided, however, that a party may request temporary remedies in a court of law having competent jurisdiction to maintain the status quo or to protect goods or property until the arbitration has initiated and the selected arbitrator has had the opportunity to resolve the request for temporary relief.

    
    Each party is required to continue to perform its obligations under these Terms of Use pending final resolution of any dispute arising out of or relating to these Terms of Use and your use of the Site, unless to do so would be impossible or impracticable under the circumstances.