Agreement between User and fsbmortgage.com
Welcome to fsbmortgage.com. fsbmortgage.com is an informational Site. The purpose of the Site is to provide information about the FSB Mortgage organization and the various mortgage products offered. The fsbmortgage.com Website (the “Site”) is comprised of various web pages operated by FSB Mortgage (“FSB Mortgage”) which is a division of First Savings Bank. fsbmortgage.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS SITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS SITE.
Unauthorized use of FSB Mortgage’s Site and systems, including but not limited to unauthorized entry into FSB Mortgage’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that FSB Mortgage may disclose and transfer any information that you provide through this Site to (i) any company within the FSB Mortgage’s group, its affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Site you agree to such transfers.
Services, including any services provided via this Site, are available only where permitted by law. You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury Site: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. Any attempt to log on to the Site from one of these countries may result in your access being restricted and/or terminated.
The information on this Site is believed to be reliable, but FSB Mortgage does not warrant its completeness, timeliness or accuracy. The information on the Site is not intended as an offer or solicitation for any other security or any financial instrument. The information and materials contained in this Site-and the terms and conditions of the access to and use of such information and materials-are subject to change without notice. Products and services described, as well as, associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations.
You agree that (i) you will not engage in any activities related to the Site that are contrary to applicable law, regulation or the terms of any agreements you may have with FSB Mortgage, and (ii) in circumstances where locations of the Site require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
FSB Mortgage OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND FSB Mortgage DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FSB Mortgage RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS SITE, NO SOLICITATION IS MADE BY FSB Mortgage TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Visiting fsbmortgage.com or sending emails to FSB Mortgage constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
FSB Mortgage does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use fsbmortgage.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
fsbmortgage.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FSB Mortgage and FSB Mortgage is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FSB Mortgage is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FSB Mortgage of the site or any association with its operators.
Certain services made available via fsbmortgage.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the fsbmortgage.com domain, you hereby acknowledge and consent that FSB Mortgage may share such information and data with any third party with whom FSB Mortgage has a contractual relationship to provide the requested product, service or functionality on behalf of fsbmortgage.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FSB Mortgage or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FSB Mortgage content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FSB Mortgage and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FSB Mortgage or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
FSB Mortgage has no obligation to monitor the Communication Services. However, FSB Mortgage reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FSB Mortgage reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FSB Mortgage reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FSB Mortgage’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FSB Mortgage does not control or endorse the content, messages or information found in any Communication Service and, therefore, FSB Mortgage specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FSB Mortgage spokespersons, and their views do not necessarily reflect those of FSB Mortgage.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to fsbmortgage.com or Posted on Any FSB Mortgage Web Page
FSB Mortgage does not claim ownership of the materials you provide to fsbmortgage.com (including feedback and suggestions) or post, upload, input or submit to any FSB Mortgage Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FSB Mortgage, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. FSB Mortgage is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FSB Mortgage’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your FSB Mortgage account to third party accounts. By connecting your FSB Mortgage account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by FSB Mortgage from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FSB Mortgage Content accessed through fsbmortgage.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FSB Mortgage, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FSB Mortgage reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FSB Mortgage in asserting any available defenses.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED “AS IS” “AS AVAILABLE”. FSB Mortgage AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE. FSB Mortgage AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, FSB Mortgage WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL FSB Mortgage BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FSB Mortgage’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
FSB Mortgage AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, FSB Mortgage AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FSB Mortgage AND ITS AFFILIATES’ CONTROL.
UNDER NO CIRCUMSTANCES WILL FSB Mortgage BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FSB Mortgage HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
FSB Mortgage reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. The user’s access to and use of the Site, and the terms of this disclaimer are governed by the laws of the United States and the State of Indiana. You hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FSB Mortgage as a result of your use of the Site. FSB Mortgage’s performance of the Site is subject to existing laws and legal process, and nothing contained in the Terms are in derogation of FSB Mortgage’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FSB Mortgage with respect to such use. In the event any of the terms or provisions of these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and FSB Mortgage with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FSB Mortgage with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
FSB Mortgage welcomes your questions or comments regarding the Terms:
501 E. Lewis & Clark Pkwy
Clarksville, IN 47129