Last Revised April 2019

PLEASE READ THESE FIRST DIGITAL WEB SITE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS NOTICE.

Your Representations

You represent and warrant that you are legally competent to enter into a binding legal contract and you agree to be bound by these First Digital Web Site Terms and Conditions of Use (these “Web Site Terms and Conditions of Use”). You also acknowledge that First Digital may take measures necessary to verify your identity when you apply for or use First Digital products or services.

Privacy

To understand how we handle information we may collect from you when you visit the First Digital web site (this “Web Site”), please see the Online Privacy Practices. All information we collect about you is protected in accordance with the Privacy Policy.

How We May Use Information You Provide To Us

Unless you are using an online service or an online application that requests you to enter personally identifiable information, you should not send any confidential or proprietary information to First Digital via this Web Site. Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being nonconfidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating such information.

How You May Use Our Materials

You may use, copy and distribute the materials found on this Web Site only for your internal, noncommercial, information purposes, and in connection with transactions you enter into while at this Web Site. All copies that you make of the material must bear any copyright, trademark or other proprietary notice located on this Web Site, that pertain to the material being copied. You may not modify the materials. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by First Digital, its subsidiaries and/or any third party owner of such rights.

How You May Use Our Marks

Names and logos of First Digital and its subsidiaries and all related product and service names, design marks and slogans of First Digital and its subsidiaries are the trademarks or service marks of First Digital. You are not authorized to use any First Digital name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of First Digital. Requests for authorization should be made in writing to First Digital, ATTN: General Manager, PO Box 85650, Sioux Falls, SD 57118.

Links And Endorsements

All product and service marks contained herein that are not First Digital marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not imply any endorsement, sponsorship or recommendation of the third party, information, product or service by First Digital unless we specifically inform you otherwise. Linked sites are not under the control of First Digital and First Digital is not responsible for the contents of any linked site or any link contained in a linked site. WHEN YOU ACCESS A LINKED SITE, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE TERMS AND CONDITIONS OF THE LINKED SITE, INCLUDING ITS PRIVACY POLICY. FIRST DIGITAL HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED ON ANY THIRD PARTY WEB SITES AND SHALL NOT BE LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THOSE WEB SITES.

Content And Liability Disclaimer

Material on this Web Site may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material. First Digital may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice. Your continued use of this Web Site after any changes to this material have been posted will be considered acceptance of those changes.

The materials on this Web Site are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

IN NO EVENT SHALL FIRST DIGITAL OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THIS WEB SITE.

Indemnification

You agree to indemnify and hold harmless First Digital from and against any and all damages, liabilities, losses, costs or expenses (including attorneys’ fees) arising from your violation of these Web Site Terms and Conditions of Use or any applicable federal, state, local laws and regulations relating to your use of this Web Site.

Changes to These Web Site Terms and Conditions of Use

First Digital reserves the right to revise these Web Site Terms and Conditions of Use. You agree to be bound by any changes to these Web Site Terms and Conditions of Use if you continue to use the Web Site after any such changes are posted. You can find out whether these Web Site Terms and Conditions of Use have been revised since your last visit to this Web Site by looking at the Last Revised date at the top of this notice.

Governing Law

These Web Site Terms and Conditions of Use shall be interpreted under the laws of the State of Georgia, without giving effect to its conflict of laws provisions, and applicable laws of the United States.