Terms of Use

If you would like to have a paper copy of these Terms of Use sent to you, please send an email with your name and address to: ebanktx@wtsb.com.

These Terms of Use state the terms and conditions that govern your use of the West Texas State Bank website (“Online banking”) offered by West Texas State Bank. When you use or access, or permit person(s) to use or access Online Banking, you agree to the terms and conditions of these Terms of Use. The Bank may amend and change these Terms of Use (including applicable fees and service charges) from time to time, by sending you written notice by electronic mail or by regular mail (sent to your address as it appears on your account records) or by posting the updated terms on the sites within Online Banking (the “Site(s)”). Please access and review these Terms of Use regularly. If you find the Terms of Use unacceptable to you at any time, please discontinue your use of Online Banking.

These terms and conditions are in addition to those that apply to any accounts you have with the Bank. Where appropriate, please review those specific terms and conditions.

As used in these Terms of Use, “you” or “your” refers to each person(s) subscribing to, using or accessing Online Banking: “Card” refers to your credit card or debit card or ATM card; and “we”, “us”, or “our” refers to West Texas State Bank and any agent, independent designee, or assignee the Bank may, at its sole discretion, involve in the provision of Online Banking.

Online Banking

Online Banking is an online financial services website offering a variety of content, products and services. The Bank grants to you, for your personal or internal business purposes only, a nonexclusive, limited and revocable right to access and use the Sites. You agree not to use Online Banking for any other purpose, without the Bank’s prior written consent.

Fees

General access to Online Banking will be provided to you free of charge. However, you may incur fees if you use or obtain some of the products or services available through Online Banking. To learn more about such fees, please refer to the specific terms and conditions applicable to each product or service.

Equipment

You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access service necessary to use or access any aspect of Online Banking. The Bank will not be responsible for any errors or problems that arise from the malfunctions or failure of your hardware, software, or any Internet services.

Limitation of Access

We may terminate, suspend or limit your access privileges to Online Banking, in whole or in part, at our sole discretion, at any time without prior notice.

Account Information and Password Protection

You agree to protect and keep confidential your Card number, account number, PIN, User ID, Password, or other means of accessing your accounts to any person not authorized to access your accounts. The loss, theft, or unauthorized use of your Card numbers, account numbers, PINs, User IDs, and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft protection credit line, or draws on your credit card, debit card or ATM account. If you fail to protect your Card numbers, account numbers, PINs, User IDs, and/or Passwords, you assume all risks and losses associated therewith. If you fail to protect access or use your Card numbers, account numbers, PINs, User IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities. The Bank is entitled to rely on and act on instructions received by the use of your PIN, User ID, or Password. If you believe someone may attempt to use or has used Online Banking without your permission, or that any other unauthorized use of your Card numbers, account numbers, PINs, User IDs and Passwords or security breach has occurred, you agree to immediately notify us by calling 325-573-5441 during normal customer service hours.

Signatures and multiple signatures

Other agreements may exist which may require Bank to verify signatures on withdrawals or transfers. Bank can not verify signatures when you use Online Banking. By accepting the Terms of Use, you release the Bank from any obligation to verify signatures, whether one or more, when you use Online Banking. This provision shall control over any conflicting provision in your other agreements with Bank.

Copyright and Trademark Notices

The images, text, screens, and web pages appearing on the Internet sites within the Sites are owned by us, or others, as indicated and are protected by copyright laws. You agree not to copy, display, distribute, download, license, sub-license, modify, publish, repost, reproduce, reuse, sell, transmit, create a derivative work from or otherwise use for public or commercial purposes, the information and materials on the Sites, except as provided in this agreement, without our express written permission. Unless otherwise noted, all other trademarks, service marks, and logos used on the Sites are the trademarks, service marks or logos of Bank, or others as indicated.

Compliance

In addition to these Terms of Use, you agree to comply with all agreements, to which your accounts are otherwise subject and with all applicable State and Federal laws and regulations. In the event of a conflict between the terms of these Terms of Use and your applicable account agreements with us, the terms of your account agreement will control, unless these Terms of Use specifically state that they control.

Damages

These terms of use states our entire liability and your exclusive remedy as it relates to online banking. In no event shall the bank be liable for any loss, expense, penalty, injury, or damages, whether direct, indirect, special, incidental, exemplary, or consequential, including lost profits, arising from or related to any access to or use of online banking, or the installation, use, or maintenance of computer hardware, equipment, software, or any internet access services. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, or the transmission of any disabling code or procedure.

Warranties Disclaimer

Except as otherwise expressly provided in any applicable agreement, you understand and agree that your use of online banking is at your sole risk and that the services and all information, products and other content (including third party information, products and content) included in or accessible from the sites, are provided on an “as is” “where-is” and “where available” basis, and are subject to change at any time without notice to you. You acknowledge that the bank makes no warranty that the services will be uninterrupted, timely, secure or error-free unless otherwise stated on the site or in any applicable agreement.

To the fullest extent permitted by law, the bank disclaims all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights) as to online banking and all information, products and other content (including third party information, products and content) included in or accessible from the sites.

Site links

The Sites contain links to other third party web sites. The Bank is not responsible for, nor does it control, the content, products, or services provided by linked sites. The Bank does not endorse or guarantee the products, information or recommendations provided by linked sites, and is not liable for any failure of products or services advertised on those sites. In addition, each third party site may provide less security than the Bank and have a privacy policy different than that of the Bank. Your access, use and reliance upon such content, products or services is at your own risk.

Choice of Law/Successors

These Terms of Use and its enforcement shall be governed by the laws of the State of Texas, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. The account(s) accessed via Online Banking shall be governed by laws of the applicable account agreements.

Indemnity

You acknowledge and agree that you are personally responsible for your conduct while using Online Banking and agree to indemnify and hold the Bank and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of Online Banking or your violation of these Terms of Use or the rights of any third party.

Risk of Loss

In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used.  The law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13.  The Bank’s websites and online services are not directed to children under the age of 13, nor is information knowingly collected from them.  For additional information on COPPA protections, link to the Federal Trade Commission’s website at http:/www.onguardonline.gov/articles/0031-kids-privacy .