Mobile Banking Services Terms and Conditions

Program

Frandsen Bank & Trust “Frandsen Bank” “our” offers its customers mobile access to accounts enrolled in Online Banking. By participating in Frandsen Bank Mobile Banking Services “Mobile Banking Services”, you are agreeing to the terms and conditions presented here “Agreement”. This Agreement is in addition to your account agreement and disclosures, the Personal Online Banking Terms and Conditions, and all rules, laws, and regulations that govern your account(s).

Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless. Data and message rates may apply. Mobile Banking Services and any software you may obtain from Mobile Banking “Software” may be unavailable at any time for any reason outside of the reasonable control of Frandsen Bank or any service provider.

Privacy and User Information

You acknowledge that in connection with your use of Mobile Banking Services, Frandsen Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking Services or the Software (collectively “User Information”).

Frandsen Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

Frandsen Bank and its affiliates and service providers also reserve the right to monitor use of Mobile Banking Services and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use

You agree not to use Mobile Banking Services or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations.

Without limiting the foregoing, you agree that you will not use Mobile Banking Services or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Frandsen Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Frandsen Bank or any third-party service provider involved in the provision of Mobile Banking Services; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Frandsen Bank, any third-party service provider involved in providing Mobile Banking Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party.

You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking Services or the Software, the security of Mobile Banking Services or the Software, or other customers of Mobile Banking Services or the Software; or (d) otherwise abuse Mobile Banking Services or the Software.

You are responsible for complying with all terms of this Agreement and with the terms of the agreement governing the bank accounts which you access using Mobile Banking Services.

Mobile Deposit

Mobile Deposit Services “Deposit Services” are provided as a part of Mobile Banking Services and are designed to allow you to make deposits to your checking or savings accounts using your approved mobile device from any location by taking pictures of physical checks and delivering the images and associated deposit information to Frandsen Bank or our designated processor.

Eligible items

You agree to take pictures of and deposit only checks (as defined in Federal Reserve Regulation CC “Reg CC”). You agree that the image of the check transmitted to Frandsen Bank shall be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not use Deposit Services to take pictures of checks for deposit that are considered ineligible items. Following is a listing of items considered ineligible, but is not deemed an exclusive list of ineligible items:

• Checks or items payable to any person or entity other than you.

• Checks payable to you and another party who is not a joint owner on the account.

• Checks made payable to a business that you attempt to deposit into a personal account.

• Checks or items containing an alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.

• Checks that have been previously negotiated.

• Checks that have previously been submitted through Deposit Services or through a service offered at another financial institution.

• Checks or items previously converted to a substitute check, as defined in Reg CC.

• Checks or items drawn on a financial institution located outside the United States.

• Checks or items that are remotely created checks, as defined in Reg CC.

• Checks or items not payable in United States currency.

• Checks or items dated more than 6 months prior to the date of deposit.

• Checks that are post-dated (made payable at some point in the future).

• Checks or items prohibited by Frandsen Bank’s current procedures relating to Deposit Services or which are otherwise not acceptable under the terms of your Frandsen Bank account.

• Checks payable on sight or payable through Drafts, as defined in Reg. CC.

• Checks with any endorsement on the back other than that specified in this Agreement.

• Deposits which exceed your per check or daily limit.

Image Quality

The image of an item transmitted to Frandsen Bank using Deposit Services must be legible. The image quality of the items must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

Endorsements and Procedures

You agree to restrictively endorse any item transmitted through Deposit Services as “For Mobile Deposit only to Frandsen Bank.” If the check is made payable to you and another payee, both of you must endorse the check, and it must be deposited into a Frandsen Bank joint account owned by both of you. You agree to follow any and all other procedures and instructions for use of Deposit Services as Frandsen Bank may establish from time to time.

Receipt of Items

Frandsen Bank reserves the right to reject any item transmitted through Deposit Services, at our discretion, without liability to you. When Frandsen Bank receives an image, Frandsen Bank will notify you only if a deposit is rejected. The image is not deemed “received” until it is posted to your account. Acceptance within the Deposit Services application does not mean that the image is free of errors or will be accepted for deposit. Reasons for rejection may include any of the following: incomplete or missing endorsement; illegible check or poor image quality; altered check; or duplicate check. This list is a list of examples only and is not a list of all of the reasons that an image of a check may be rejected.

Frandsen Bank is not responsible for items not received or for images that are dropped during transmission. Images received will be available to view inside the mobile application. Frandsen Bank further reserves the right to charge back to your account at any time; any item that is subsequently determined not to be an eligible item. You agree that Frandsen Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item. “Exception Item” includes, without limitation, an Electronic Item that (a) is illegible or contains MICR data that is not machine-readable, (b) was previously processed as an Electronic Item, or (c) is drawn on banks located outside the United States and is not payable at or through a bank located within the United States.

If you attempt to deposit an Exception Item to your account, you shall do so only by depositing the original paper item on which the Exception Item is based or as otherwise agreed between us. Even if Frandsen Bank does not initially identify an item as an Exception Item when Frandsen Bank reviews and processes the item to which the Exception Item relates, the electronic item, substitute check, or the purported substitute check created from it may nevertheless be returned to Frandsen Bank because, among other reasons, the paying bank determines that such item or check is illegible or missing an image. Frandsen Bank’s failure to identify an Exception Item shall not preclude or limit your obligation to Frandsen Bank.

Availability of Funds

Items transmitted using Deposit Services are subject to Frandsen Bank’s Funds Availability Policy. In general, if an image of an item you transmit through Deposit Services is received and accepted before 5:00 p.m. Central Time on a business day that Frandsen Bank is open, that day is considered to be the day of your deposit (federal holidays that Frandsen Bank may be open are considered non-processing days). Otherwise, Frandsen Bank will consider that the deposit was made on the next business day open. Frandsen Bank may delay availability of funds as stated in our Funds Availability Policy.

Check Retention Guidelines

Deposit Services users are required to retain the original paper items for a minimum of 15 calendar days, but no longer than 30 calendar days after they have been transmitted to Frandsen Bank. This provides sufficient time if there is an issue with the image quality or if the original item is required for any other reason. After the retention period, the original paper items should be destroyed to ensure they are not accidentally deposited again.

Check Destruction Guidelines

Deposit Services users are required to securely and irretrievably destroy the original paper items, after the retention period. Do not leave deposited items lying around, and do not put them in trash or recycle containers unless they have been shred.

Deposit Limits

Frandsen Bank reserve the right to impose limits on the amount(s) of deposits that you transmit using Deposit Services and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, Frandsen Bank may reject your deposit. If Frandsen Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and Frandsen Bank will not be obligated to allow such a deposit at other times. Deposit limits are subject to change at any time at our discretion.

Fees

Any applicable fees that may be charged for Deposit Services may be changed at Frandsen Bank’s discretion with a notice delivered 30 calendar days prior to the effective change date, as required by applicable law. If the account that you designated for the deposit and fee does not have sufficient available funds to cover the fees, you authorize Frandsen Bank to charge any such fees to any other deposit account you maintain with Frandsen Bank.

Errors

You agree to notify Frandsen Bank of any suspected errors regarding items deposited through Deposit Services right away, and in no event later than 60 days after the applicable account statement is sent. Unless you notify Frandsen Bank within 60 days, such statement regarding all deposits made through Deposit Services shall be deemed correct, and you are prohibited from bringing a claim against Frandsen Bank for such alleged error.

Errors in Transmission

By using Deposit Services you accept the risk that an item may be intercepted or misdirected during transmission. Frandsen Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

Presentment

The manner in which the items are cleared, presented for payment, and collected shall be in Frandsen Bank’s sole discretion subject to your account agreement and disclosures governing your account.

Mobile Deposit Unavailability

Deposit Services may be temporarily unavailable due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and/or Internet software. In the event that Deposit Services is unavailable, you may deposit original checks at any Frandsen Bank banking office.

Cooperation with Investigations

You agree to cooperate with Frandsen Bank in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Deposit Services in your possession and your records relating to such items and transmissions.

User Warranties and Indemnification

You warrant to Frandsen Bank that:

• You will only transmit eligible items.

• Images will meet the image quality standards.

• You will not transmit duplicate items.

• You will not deposit or represent the original item.

• All information you provide to Frandsen Bank is accurate and true.

• You will comply with this Agreement and all applicable rules, laws and regulations.

• You agree to indemnify and hold harmless Frandsen Bank from any loss for breach of this warranty provision.

• You understand and agree that you are required to indemnify Frandsen Bank and all of our affiliates, officers, employees and agents and hold Frandsen Bank and all of our affiliates, officers, employees and agents harmless from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising from your use of Mobile Banking Services and/or any breach of the terms and conditions of this Agreement.

• You understand and agree that this paragraph shall survive the termination of this Agreement.

• You understand and agree that you are required to indemnify Frandsen Bank’s technology partners and hold harmless their affiliates, officers, employees and agents against any third-party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Frandsen Bank or your use of Mobile Banking Services or our technology partners’ applications relating thereto, unless such claim directly results from an action or omission made by our technology partners in bad faith.

• You understand and agree that this paragraph shall survive the termination of this Agreement.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF MOBILE BANKING SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRANDSEN BANK DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF MOBILE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FRANDSEN BANK MAKES NO WARRANTY THAT MOBILE BANKING SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FRANDSEN BANK MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED USING MOBILE BANKING SERVICES WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN MOBILE BANKING SERVICES OR ANY OF THE TECHNOLOGY RELATED THERETO WILL BE CORRECTED.

LIMITATION OF LIABILITY

YOU AGREE THAT FRANDSEN BANK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF MOBILE BANKING SERVICES REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FRANDSEN BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

Amendments and Termination

Frandsen Bank may terminate or restrict your Mobile Banking Services under this Agreement without prior notice to you. You may terminate your Mobile Banking Services at any time by notifying Frandsen Bank and providing your name, address, and the effective date to stop service. You may notify Frandsen Bank by one of the following methods:

• By calling 877-213-5172 Monday through Friday from 8:00 a.m. to 5:00 p.m. Central Standard Time

• By contacting any Frandsen Bank office

• By writing a letter and sending it to: Frandsen Bank & Trust, P O Box 200, Lonsdale MN 55046

Termination by either party will not affect your obligations under this Agreement, even if Frandsen Bank allows a transaction to be completed after the termination of this Agreement. Frandsen Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions of Mobile Banking Services. Frandsen Bank will notify you of any material changes by providing you a revised Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain and use Mobile Banking Services after you have received any required notice, if applicable.

Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the state of Minnesota without regard to the conflict of laws principles thereof.

Disputes

Any dispute relating in any way to your use of Mobile Banking Services, to this Agreement, to your account agreement, to the Funds Availability Disclosure, or to our advertising or solicitation practices shall be submitted to confidential arbitration. Arbitration shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration or any other action or proceeding involving any other party subject to an agreement with Frandsen Bank governing such party’s use of Mobile Banking Services, whether through class action or arbitration proceedings or otherwise. V.LR042017

Privacy and User Information

Data Analytics.

You acknowledge that in connection with your use of Mobile Banking, Frandsen Financial Corporation and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive data about your usage of the service (such as session length, number of transactions and geolocation), and other data and information provided by you or from other sources in connection with Mobile Banking or the Software.

Frandsen Financial Corporation and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking, perform analytics to improve the service, and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you.

Fingerprint Login for Mobile Banking

Fingerprint Login is an optional fingerprint sign-in method for Frandsen Financial Corporation Mobile Banking that may be available for certain Android®¹ mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device). Fingerprints are stored on your device only and Frandsen Financial Corporation never sees or stores your fingerprint information.

You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Frandsen Financial Corporation Mobile Banking.

Frandsen Financial Corporation reserves the right to suspend or disable this feature at any time.

Fingerprint Login can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your standard login credentials (e.g. password). To use Fingerprint Login for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within Frandsen Financial Corporation Mobile Banking.

Alerts

Your enrollment in Frandsen Bank & Trust 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 Frandsen Bank & Trust account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. 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. Frandsen Bank & Trust 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 Frandsen Bank & Trust Online Banking message inbox.

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 99588 at any time. 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 Frandsen Bank & Trust

Online Banking

For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 877-213-5172. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS. Limitations.

Frandsen Bank & Trust 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 sere provider, internet service provider(s) and other factors outside Frandsen Bank & Trust’s control.

We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Frandsen Bank & Trust, 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.

Card Management Additional Terms

The card-management feature is offered by Frandsen Bank & Trust (referred to herein as “Card Services”, “us”, “we” or “our”) for use by Frandsen Bank & Trust cardholders. Frandsen Bank & Trust’s card-management feature is intended to allow You to initiate certain payment card related activities for Your enrolled Frandsen Bank & Trust card(s) via the card management feature. Those activities may include the ability to but not limited to:

• Register the card

• Activate and deactivate the card

• Set control preferences for card usage including location, transaction, and merchant types, spend limits, and card on/off (“Controls”)

• Set alert preferences for card usage including location, transaction, and merchant types, spend limits, and declined purchases (“Alerts”)

• View transaction history including cleansed and enriched merchant information (e.g., merchant name, address, and contact information)

• Report your card as lost or stolen

• Review your spending by merchant type and/or by month

• View a list of merchants storing your card information for recurring or card-on-file payments
  

The card-management feature may enable access to Frandsen Bank & Trust and third-parties’ services and websites, including GPS locator websites, such as Google. Use of such services may require internet access and that You accept additional terms and conditions applicable thereto, including, with respect to Google maps, those terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at https://www.google.com/help/legalnotices_maps/, or such other URLs as may be updated by Google.

To the extent the card-management feature allows You to access third-party services, Frandsen Bank & Trust and those third parties, as applicable, reserve the right to change, suspend, remove, limit, or disable access to any of those services at any time without notice and without liability to You. You agree to allow us to communicate with You via push notification, SMS and/or email, with respect to the activities performed via the card management feature. Data fees may be imposed by your mobile provider for the transmission and receipt of messages and Alerts. Frandsen Bank & Trust reserves the right to send administrative and service notifications via emails and/or SMS messages to the email address and/or phone number provided upon enrollment in Frandsen Bank & Trust’s card management feature.

Availability/Interruption

You acknowledge that the actual time between occurrence of an event (“Event”) triggering a selected Control or Alert and the time the notification of such event is sent to Your mobile device (“Notification”) is dependent on a number of factors including, without limitation, your wireless service and coverage within the area in which You are located at that time. You acknowledge that Notifications of Events may be delayed, experience delivery failures, or face other transmission problems. Similarly, selection of Controls and Alerts (collectively, “Commands”) are likewise affected by the same or similar factors and problems could arise with use of Commands. Notifications of Events may not be available to be sent to Your mobile device in all areas.

If You registered to receive Notifications to Your mobile device, the card-management feature is available when You have Your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The card-management feature is subject to transmission limitations and service interruptions. Frandsen Bank & Trust does not guarantee that the card-management feature (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that certain functionality with the card management feature may not be available for all transactions. Commands based upon the location of the mobile device where the card management feature is installed or the location of the merchant where the card is being attempted for use may not apply appropriately to card-not-present transactions or transactions where the location of the actual location of the merchant differs from the merchant’s registered address. You acknowledge and agree that neither Frandsen Bank & Trust nor its third-party service providers (including the developer of the technology enabling the Notifications) are responsible for performance degradation, interruption, or delays due to conditions outside of its control. You acknowledge that neither Frandsen Bank & Trust nor its third-party service providers shall be liable to You if You are unable to receive Notifications on Your mobile device in Your intended area. Frandsen Bank & Trust, for itself and its third-party service providers, disclaims all liability for: any delays, mis-delivery, loss, or failure in the delivery of any Notification; any form of active or passive filtering.