Terms & Conditions

Notice

The Farmers & Merchants Bank®, its subsidiaries and affiliates (collectively, the “Bank”, “we”, “us”, or “our”), require that all persons visiting the Bank’s Internet website (“the Site”) adhere to the following terms and conditions (the “Terms”).

THESE TERMS GOVERN YOUR USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. AMONG OTHER THINGS, THESE TERMS EXPRESSLY COVER YOUR RIGHTS AND OBLIGATIONS, AS WELL AS OUR LIMITATIONS OF LEGAL LIABILITY REGARDING YOUR USE OF THE SITE. BY ACCESSING THIS SITE OR ANY OF ITS PAGES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT ACCESS THE SITE OR ANY OF ITS PAGES.

WE MAKE NO REPRESENTATION THAT THE SERVICES OFFERED ARE AVAILABLE IN ALL STATES OR JURISDICTIONS. PLEASE NOTE THAT NOT ALL PRODUCTS AND SERVICES ARE SUITABLE FOR CUSTOMERS. YOUR ELIGIBILITY FOR PARTICULAR PRODUCTS AND SERVICES IS SUBJECT TO OUR FINAL DETERMINATION. INVESTMENT AND INSURANCE PRODUCTS AND SERVICES ARE SUBJECT TO SUBSTANTIAL RISK, INCLUDING POSSIBLE LOSS OF PRINCIPAL INVESTED. THE BANK DOES NOT GUARANTEE INVESTMENT AND INSURANCE PRODUCTS AND SERVICES, AND SUCH PRODUCTS AND SERVICES ARE NOT BANK DEPOSITS INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.

These Terms are provided to you by the Bank. By using this Site, including any of its pages, you acknowledge that you have read, understand and agree to be bound by these Terms, all disclosures, agreements, statements, notices and other documents related to the Bank’s accounts and offerings, regardless of whether or not you are a Bank client or registered user of our accounts or services.

If you do not wish to be bound by these Terms, you should not access or use this Site or our services. If there is any inconsistency between these Terms and another agreement you have entered into with the Bank regarding services offered on the Site, then such other agreement shall take precedence as it may apply specifically to services we offer.

To use the Site, you agree that you are:

• At least 18 years of age; and,
• A legal resident of the United States of America.

If you do not satisfy the above restrictions, please do not use the Site or access content from the Site.

Unauthorized use of the Site, including, but not limited to, unauthorized use of any of the services offered by the Bank, or misuse of any information posted on the Site is strictly prohibited.

About The Bank of Fayetteville

The Farmers & Merchants Bank may operate using its registered fictious name, “The Bank of Fayetteville,” as provided under law. Deposits at The Bank of Fayetteville® are FDIC-insured under The Farmers & Merchants Bank (FDIC Certificate #16216) and are not separately insured by the FDIC.

You acknowledge and understand that the Bank may offer you certain products and services under its fictitious business name, “The Bank of Fayetteville,” and that such products and services are offered and provided by The Farmers & Merchants Bank.

Site Ownership; Agreement to Terms

This Site is the sole property of the Bank. These Terms are an agreement between you and the Bank, and shall govern your use of the Site.

THE BANK OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS WITHOUT MODIFICATION. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, WHICH CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

Changes and Modifications

We reserve the right in our sole discretion for any reason to temporarily or permanently modify or discontinue the Site, or any portion of the Site, or to modify these Terms at any time without prior notice to you. Changes to these Terms will become effective immediately upon the posting thereof, unless prohibited by applicable laws or regulations. Please review these Terms from time to time because your continued use of the Site following the posting of changes will constitute your acceptance of the revised Terms.

Use of Personal Information

The Bank’s practices and policies with respect to the collection, use and sharing of nonpublic personal information collected from or about you when you visit the Site is governed by the Bank’s Privacy Policy, which is hereby incorporated in its entirety and available at this Site at the following link: Bank Privacy Policy.

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 other third parties, and that this can occur even if there is a special notice that a particular transmission (for example, account information) is encrypted or otherwise protected or secure.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account with the Bank (including, among other things, setting up a username and password to access an account online). You may be required to create and maintain an account to access certain parts of the Site and use Bank services. You agree that you are solely responsible for maintaining the confidentiality of your account information, password, username and other sensitive details regarding use of your account. You may not disclose your username or password to any third party. If you learn of any unauthorized use of your account or password, please contact us immediately. You hereby agree to: (i) maintain security of your username and password, (ii) maintain and promptly update any information you provide to us in connection with your account and to keep it accurate, current and complete, and (iii) be fully responsible for all use of your accounts and for any actions that take place using your account.

You understand that you may be held responsible for losses incurred by the Bank or by any other user or visitor to the Site due to someone else using your username, password or account. You agree to not communicate to, or share confidential information with, the Bank using the Internet. If you choose to share confidential information with us using such medium or request that we communicate such information to you using the Internet, you understand that the Bank will not be responsible or liable in any way for any losses or damages you may incur as the result of such communication(s).

Privacy

The Bank’s privacy policies and applicable online security and privacy practices apply to use of the Site and its terms are incorporated by reference and hereby made a part of these Terms. To view the Bank’s Privacy Policy, please click here.

Your Use of the Site and Restrictions on Use

You agree to abide by all applicable laws, regulations and government policies (in addition to any terms and conditions you have agreed to with the Bank) in accessing or using the Site. You agree that you will not 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.

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 Bank 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 other customer of the Bank, including any Bank 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 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 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 (as defined below). You also will not seek to reproduce or circumvent the navigational structure or presentation of the Site or Content, or otherwise attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.

You agree that you will not register for an account on behalf of an individual other than yourself or impersonate any other person or entity, or falsely state or otherwise misrepresent your identity, age, or your affiliation with any person or entity. You further agree that you will not use or attempt to use another individual’s account without our authorization.

Any unauthorized use of the Site in connection with the transmission of unsolicited email, including transmission of email in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including penalties under the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030, et seq.).

Intellectual Property; 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 the Bank 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.

The Farmers and Merchants Bank® and The Bank of Fayetteville® (including logos of each) are trademarks or registered trademarks owned by the Bank and its affiliates.

All information and Content on the Site are protected under the copyright and trademark laws of the United States. You may not copy, imitate or use the Content without our prior written consent. In addition, the copyright in all page headers, custom graphics, button icons and scripts, web pages and the information and material contained therein are owned by the Bank unless otherwise indicated. Any trademarks or logos owned by third parties are the responsibility of their respective owners. You may not copy, imitate or use any of them without our prior written consent.

You may use information on the Bank’s products and services (such as brochures, fact sheets, marketing and similar materials) purposely made available by the Bank 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 your personal, non-commercial informational purpose 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 the Bank in its sole business discretion. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be restricted, prohibited or otherwise contrary to applicable law or regulation.

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 and liability.

No Warranties; Disclaimers

Although reasonable efforts are made to ensure that the material appearing on this Site is correct and reasonably timely, accuracy and timeliness are not guaranteed. We make no representations or warranties as to the accuracy and timeliness of the material on the Site and assume no responsibility for the consequences of its use. Your use of this information is at your own risk.

THIS SITE, OUR SERVICES AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (II) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR SERVICES OR ANY ASPECT THEREOF; (III) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (IV) THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY BANK; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. WE DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. THE BANK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

THE BANK HEREBY 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 BANK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE BANK 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 YOU AND US.

The Bank reserves the right to do any of the following, at any time, without prior notice to you, the Bank may: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) 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 we deem necessary.

THE BANK 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. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation on Liability

You agree that all access and use of the Site and its Contents and your use of the services is at your own risk. Neither Bank, nor any third party involved in creating, producing or delivering the Site and/or services, has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Site and/or services, or any aspect thereof.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, NOR ANY THIRD-PARTY PROVIDERS TO THE WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, OR WITH ANY DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BANK OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES, LOSSES OR EXPENSES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

Indemnification

You agree to indemnify, defend, and hold harmless Bank, its affiliates, partners, officers, employees,  agents, representatives, suppliers and content and service providers from and against all losses, expenses,  damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or  any activity, including negligent or wrongful conduct, by you in connection with your use of this Site or the services we provide. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering the Site or services hereby reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without the prior written consent of Bank or any such third party (if applicable).

Acceptable Use

You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:

• Uses technology or other means not authorized by us to access the information on the Site or our systems;
• Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any information on the Site or our systems, (b) reproduces or circumvents the navigational structure or presentation of the Site or (c) otherwise harvests or collects information about users of the Site;
• Reverse engineers, decompiles or disassembles any portion of the Site, except where such restriction is expressly permitted by applicable law;
• Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
• Attempts to gain unauthorized access to our computer network or user accounts;  Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;  Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of the
  Bank or of any other party (including rights of publicity or other proprietary rights);  Is unlawful, fraudulent, or deceptive;
• Attempts to damage, disable, overburden, or impair our servers or networks;  Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent;
• Fails to comply with applicable third-party terms; or
• Otherwise violates these Terms.

Termination and Disclosure

Subject to applicable law and the terms of any services we provide, we reserve the right, in our reasonable discretion, to terminate your license, your use of the Site, your user account or any service we provide to you and to assert our legal rights with respect to content or use of the Site that we reasonably believe is, or might be, in violation of these terms or the terms of any service provided by the Bank.

The Bank 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) the Bank’s rights or property, or the rights or property of visitors to or users of the Site, including the Bank’s customers.

The Bank reserves the right at all times to disclose any information that the Bank deems necessary to comply with any applicable law, regulation, legal process or governmental request, including in connection with assisting the government to fight the funding of terrorism and money-laundering activities and complying with any and all applicable laws, rules or regulations in relation to any of the foregoing. The Bank may also disclose your information when the Bank determines, in its sole discretion, 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 the Bank may preserve any transmittal or communication by you with the Bank 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 the Bank determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) to enforce these Terms; (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 the Bank, its employees, users of or visitors to the Site, or the public.

Submissions

All information submitted to the Bank through this Site shall be deemed to be, and will remain, the sole property of the Bank. This includes any ideas, concepts, know-hows, processes and/or techniques contained in any information that you may provide to us through this Site. The Bank shall be free to use any information submitted through the Site for any purpose without any obligations of confidentiality, except as agreed upon by us through a direct customer relationship with you, as specifically agreed by us in writing, or as otherwise required by any applicable law or regulation.

Third-Party Websites and Hyperlinks

We provide this access through the use of hyperlinks that automatically move you from and out of our webpages or websites (including, as the case may be, the Site) to a third-party website. If you link from an applicable Bank 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 Bank webpage or website.

Hyperlinks to third-party websites are solely for informational purposes only. You agree that the use of any hyperlinks on this Site to facilitate transfers to other websites operated by third parties is at your own risk. The Bank cannot and does not endorse, approve or guarantee information, products, services or recommendations provided at a third-party website and hereby disclaims any and all liability in connection therewith. The Bank is not responsible for the content contained in or the accuracy of third-party websites which are available through any hyperlink on this Site.

The data collection, use and protection practices of the linked third-party website may differ from the our practices and Site. You should review any applicable privacy policy, security practices and policy statements of any third-party website before you provide any personal or confidential information to such a website. Those are the policies and practices that will apply to your use of the linked third-party website, NOT our policies and practices. In the event you conduct a transaction on a linked third-party website, we will not represent either members or the owner of the linked or accessed third-party website.

The Bank offers hyperlinks to you on an “as is,” “as available” basis. When you visit a third-party website by using a hyperlink on a Bank website (including, as the case may be, the Site), you will no longer be protected by the Bank’s applicable privacy policies or security practices, as well as our other policies. The Bank is not responsible for the content or accuracy of any third-party website and the Bank will not be responsible for any loss or damage of any sort resulting from the use of a hyperlink on its website, nor will the Bank be liable for any failure of products or services advertised or provided on any these linked third
party websites.

The Bank has not tested any software found on any third-party websites 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 the Bank assumes no responsibility with regard to the performance or use of these products. Please make certain that you completely understand the risks before retrieving any software on the Internet.

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

The Bank is committed to providing you with quality online services. If you find any information on this Site, any Bank webpage, or website that you believe to be inaccurate or have concerns about a hyperlink to a third-party website, please contact us or call us at 870-673-6911.

Jurisdiction and Severability

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arkansas, without giving effect to any principles of conflicts of law. The Site is controlled and operated by the Bank from its offices within the State of Arkansas, United States of America. The Bank makes no representation that the Site or the services we offer are appropriate or available for use in other locations, including California. The information provided on this 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 contrary to law or regulation or which would subject the Bank, its affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country.

Your obligations hereunder will survive any termination of your use of the Site, these Terms, and your use of our products and services.

If any of aspect of these Terms is deemed unlawful, void, or unenforceable by any arbitrator, court of competent jurisdiction, or other tribunal, the Terms as a whole shall not be deemed unlawful, void, or unenforceable, but only such portion of these Terms that is unlawful, void, or unenforceable shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Miscellaneous

Use of the Site is subject to all applicable federal, state and territorial laws.

Information or Content on the Site is not intended to be tax or legal advice and the Bank does not provide such advice. Information or Content cannot be used by any taxpayer for the purpose of avoiding tax penalties. You should consult your independent legal and tax advisers and other professionals, as appropriate.

If there is a conflict between these Terms and the terms of any other agreement you have for services provided by the Bank, the terms of such other agreement will govern with respect to those particular products or services covered by such agreement.

Contact Us

If you have any questions regarding these Terms or any of our products or services, please click here.

You can also contact our the Bank’s Customer Solutions Center at:

• (870) 673-6911  
• (479) 444-4470