PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY FirstCapital Bank of Texas (for purposes of these terms and conditions the term “FirstCapital Bank of Texas” includes FirstCapital Bank of Texas’s affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS WEB SITE.
Although FirstCapital Bank of Texas attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Web site, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE WEB SITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE WEB SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, FirstCapital Bank of Texas ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEB SITE OPERATED BY A THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL FirstCapital Bank of Texas OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE WEB SITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEB SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEB SITE OR ANY OTHER WEB SITE, EVEN IF FirstCapital Bank of Texas IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Website
Contents are included in this Web site solely for the personal use of Web site users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Web site without the prior written consent of FirstCapital Bank of Texas, which may be withheld in its sole discretion.
Alerts. Your enrollment in FirstCapital Bank of Texas Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your FirstCapital Bank of Texas account(s). Alerts are provided within the following categories:
- Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.
- Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.
- Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alert menu within FirstCapital Bank of Texas Online Banking and the Alert menu within FirstCapital Bank of Texas Mobile Banking.
Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. FirstCapital Bank of Texas reserves the right to terminate its Alerts service at any time without prior notice to you.
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your FirstCapital Bank of Texas Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device’s number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
Alerts via Text Message. To stop Alerts via text message, text “STOP” to 969-24 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in FirstCapital Bank of Texas Online Banking and click the box next to your mobile number for the Alerts you’d like to receive again. For help with SMS text alerts, text “HELP” to 969-24. In case of questions please contact customer service at (806) 374-1000. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.
Limitations. FirstCapital Bank of Texas provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside FirstCapital Bank of Texas’ control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold FirstCapital Bank of Texas, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.
Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.
Copyrights and Other Intellectual Property
Except where otherwise expressly noted or as noted below, all Contents of this Web site, including the graphics, icons and overall appearance of the Web site, are the sole and exclusive property of FirstCapital Bank of Texas, Lubbock, Texas and/or its subsidiaries or affiliates. The posting of the Contents of this Web site neither constitutes a waiver of any of FirstCapital Bank of Texas’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Web site user or to any third party. Contents of this Web site are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Web site.
Links to Other Websites
FirstCapital Bank of Texas may establish links between this Web site and one or more Web sites operated by third parties. FirstCapital Bank of Texas has no control over any such other Web sites or the contents therein. The existence of any such links shall not constitute an endorsement by FirstCapital Bank of Texas of such Web sites, the contents of the Web sites, or the operators of the Web sites.
Transmissions from this Web site
All transmissions from this Web site directed to FirstCapital Bank of Texas, with the exception of email’s sent from other than FirstCapital Bank of Texas servers, are sent in a secure form and may or may not be immediately received by the appropriate business unit at FirstCapital Bank of Texas. Any transmission to this Web site, including email shall be deemed and remain the property of FirstCapital Bank of Texas. FirstCapital Bank of Texas shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Web site user to FirstCapital Bank of Texas through this Web site.
Required Equipment Disclaimer of Liability
FirstCapital Bank of Texas may at any time make modifications, changes, and alterations to the Contents of this Web site, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Web site following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.