READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. This Agreement between you and Farm Credit Services of America (FCSAmerica) governs the use of Account Access, an electronic service that permits FCSAmerica customers to access a number of financial services through the use of personal computers or similar access devices. Access may be provided through a private network connection or through the World Wide Web. Accounts and services provided by FCSAmerica, which you access through Account Access, may be governed by separate agreements with you. You and FCSAmerica agree as follows: Your access to customer account information (referred to as “Account Information” or the “Service”) is subject to the terms and conditions of the Agreement. You agree to use Account Access solely as provided in this Agreement. FCSAmerica shall determine in its sole discretion what information will be made available to you electronically under this Agreement and shall be subject to modification without notice. FCSAmerica grants you a non-exclusive, non-transferable, limited right to access, use and display your Account Information. The right to access your Account Information may not be transferred to another party or entity without the prior written consent and approval of FCSAmerica, and any such transfer of this right may be subject to any limitations established by FCSAmerica. You agree and understand that the information that you will access is confidential and FCSAmerica shall take commercially reasonable measures to maintain such confidentiality and prevent access to any other party (other than approved FCSAmerica contractors). FCSAmerica, however, in no manner shall be deemed as guaranteeing that individuals cannot illegally gain access to this information, and you agree that you shall hold FCSAmerica harmless for any such illegal access. You further agree that transmissions made by means described in this Agreement may be read or intercepted by others and that by transmitting materials under the terms of this Agreement, no liability shall result to FCSAmerica. You shall provide FCSAmerica with information to enable FCSAmerica to identify you when you desire to access Account Information. This may include, but not be limited to name, address, telephone numbers, e-mail addresses, code words and personal identification numbers. FCSAmerica agrees to hold this information in confidence and will not release this information unless otherwise allowed under Farm Credit Administration Regulations, or otherwise required by a court order or subpoena. You agree to likewise keep code words and personal identification numbers confidential and not release this information to any other party. So long as FCSAmerica keeps this information confidential, FCSAmerica shall not be liable to you or any other party if your Account Information is accessed. FCSAmerica will not give anyone other than our employees and contractors specific information about your FCSAmerica accounts except: When you agree that we may give out the information. When you have given FCSAmerica as a credit reference. When an inquiry is made regarding sufficient funds to cover a check you have written. If we close your account because it has been maintained in an unsatisfactory manner. When required by law. When we must give out the information to comply with legal process. You agree that when FCSAmerica receives an electronic request for your Account Information from your e-mail address, accompanied by your personal identification number, that for all purposes, the request for Account Information has been made by you, and you thereby authorize the release of your Account Information via electronic means, to that e-mail address, and you shall hold FCSAmerica harmless for any release of your Account Information to that address under such circumstances. You agree to update such information to FCSAmerica in the event of any changes. It shall be your sole and absolute responsibility and duty to ensure that such requests are authorized by you, and FCSAmerica shall not be liable for unauthorized access to your e-mail address or personal identification number. In the event that you become aware that your account has been accessed without authorization, you shall immediately notify FCSAmerica of such unauthorized access. You agree and understand that material accessed under the terms of this Agreement is the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of these rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any such material. You agree not to use this Service in a manner that is prohibited by law or regulation or to facilitate the violation of any law or regulation. You shall be solely responsible for all charges associated with connecting to this access, including, without limitation, all telephone access charges, lines and the physical equipment required for access. FCSAmerica agrees to make reasonable efforts to ensure full performance of Account Access. FCSAmerica will be responsible for acting only on those instructions sent through Account Access that are actually received and cannot assume responsibility for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages you send. FCSAmerica is not responsible for any losses or delays in transmission of instructions arising out of the use of any access service provider or caused by any browser software. FCSAmerica is not responsible should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service. Any information you receive from FCSAmerica is believed to be reliable. FCSAmerica shall use its best faith efforts to ensure that the Account Information is accurate, though such Account Information is solely for your convenience and cannot be relied upon for payoff, tax reporting or other such purposes. You have the affirmative duty under the terms of this Agreement to immediately notify FCSAmerica if you believe the Account Information to be inaccurate. FCSAmerica is not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. FCSAmerica is not responsible for any computer virus or related problems, which may be attributable to services provided by any access service provider. The entire liability of FCSAmerica and your exclusive remedy with respect to use of Account Access shall be the replacement of any browser or other software provided by FCSAmerica to use with Account Access found to be defective. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states the liability of FCSAmerica is limited to the extent permitted by law. YOUR ACCOUNT INFORMATION IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FCSAMERICA MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF FCSAMERICA. UNDER NO CIRCUMSTANCES SHALL FCSAMERICA BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SERVICE, EVEN IF FCSAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE CUSTOMER RESIDING IN THOSE STATES. IF CUSTOMER IS A RESIDENT OF SUCH STATE, IN NO EVENT SHALL FCSAMERICA’S TOTAL LIABILITY TO SUCH CUSTOMER FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $1,000.00. Either party may terminate this Agreement by giving notice to the other party. FCSAmerica reserves the right to restrict, suspend or terminate the Service or access to Account Information at any time, without notice, upon the breach of this Agreement. FCSAmerica has the right to modify this Agreement at any time. Any modification shall be published at www.fcsamerica.com. Your continued use of the Service after such publishing shall be conclusive acceptance of such modifications. This Agreement constitutes the entire agreement concerning the use of this Service and supersedes all prior agreements concerning this subject matter either written or oral. This Agreement shall be interpreted and governed by Nebraska laws. If any part of this Agreement is illegal or unenforceable, the unenforceable portion shall be construed with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder shall remain in full force and effect.