Terms of Use

First Capital Bank of Kentucky ("First Capital") provides this Website (the "Website") as a service to our customers and our community.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW.

We require that all visitors to our site adhere to the following terms and conditions. If you do not agree to the terms and conditions below, you should not access this Website, or any pages herein.

Please refer to our Privacy Policy to determine how we collect and use information about you.

Website Access and Use

Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content, or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Unauthorized use of First Capital Bank's Website and systems including but not limited to unauthorized entry into our online banking system, internal network, misuse of passwords, or misuse of any information posted on our Website is strictly prohibited. In particular, except as expressly permitted in these Terms of Use, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content; (ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; (iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval; (vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vii) decompile, reverse engineer, or disassemble any portion of any the Website; (ix) use network-monitoring software to determine architecture of or extract usage data from the Website; (x) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity; (xi) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or (xii) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

Website Content

This Website is not directed to children, although we may periodically advertise special accounts that may be appropriate for children. Parents of children interested in any of our online services should contact us at one of our many office locations.

Linked 3^rd Party Sites

First Capital maintains this Website to provide you with information about our products and services. For your convenience, we may also provide links to various third parties Websites that may be of interest to you. First Capital does not operate or control, or necessarily endorse, linked third party sites. When you click on links to third party sites, you will leave our Website and will be redirected to another site. Linking to other third party sites is at your own risk, and you assume sole responsibility for your use of third-party links. The content on linked sites may change without notice.

WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF THE INFORMATION CONTAINED IN LINKED THIRD PARTY SITES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF YOUR DEALINGS WITH ANY THIRD-PARTY OR THEIR WEBSITE.

We suggest that you always verify the information obtained from linked sites before acting upon this information. First Capital is not an agent for linked third parties nor do we endorse or guarantee their products and services. The products and services offered by linked third parties are not products of First Capital and are not insured by any governmental agency such as the FDIC.

Also, please be aware that the security and privacy policies on linked sites may be different from our policies, so please read third party privacy and security policies closely. If you have any questions or concerns about the products and services offered on linked third party sites, please contact the third party directly.

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Use of Information Submitted Through the Website

In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.

Any communication or material that you transmit to us through this Website or through electronic mail may be used only by First Capital for the purposes described in our privacy policy. All information submitted to our Website shall be considered and shall remain the property of First Capital; this information will only be used internally for the purpose intended or as allowed by law. First Capital shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information submitted by a visitor to us through this Website and First Capital shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by direct customer relationship, or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing First Capital's responsibilities and obligations to customers in accordance with our privacy policy.

If you need to communicate personal or confidential information, please do not use the email feature on this Website; it is not a secure email service. Instead, contact us by telephone, or you may use the secure mail feature within our Internet Banking Service.

No Warranties

ANY DATED INFORMATION ON THIS SITE IS "AS OF" ITS STATED DATE ONLY. WE WILL USE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE, BUT WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION, DATED OR OTHERWISE, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING ANY (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATION CONTENT OF THE WEBSITE OR WEBSITE CONTENT; OR (3) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE.

ALL INFORMATION, MATERIALS AND SERVICES CONTAINED IN THIS SITE, INCLUDING GRAPHICS, LINKS, AND ANY OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE" TO THE USER WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS.

Trademark Notices

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Copyright Notices

First Capital owns copyright in the pages, screens, text, sound recordings, and images appearing at this site unless otherwise indicated.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL FIRST CAPITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, OR FIRST CAPITAL'S SUCCESSORS OR ASSIGNS BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF OR INABILITY TO USE THIS WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS OR ANY OTHER WEBSITE, EVEN IF FIRST CAPITAL HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, FIRST CAPITAL WILL NOT BE LIABLE FOR ANY DIFFICULTY IN USE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND YOUR WEB BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL FIRST CAPITAL BE LIABLE FOR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL.

No license to you is implied in these disclaimers, except as may be otherwise expressly provided by written agreement between you and First Capital.

Governing Law

These Terms of Use shall be governed by and construed in accordance with federal statutes and the laws of the Commonwealth of Kentucky, without regard to its conflict of laws rules. Any legal proceedings against First Capital that may arise out of, relate, to or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of the Commonwealth of Kentucky and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

This Website 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 local law or regulation.

Amendment; Additional Terms

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website.

Severability

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as so modified, shall remain in full force and effect.

Waiver

No waiver by First Capital of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time.