Our Site is intended to provide visitors and customers of First Mutual Bank ("you") easy access to information about the bank or its affiliates ("First Mutual" "we" or "us"). As a regulated institution we do not provide products or services except as allowed by law. Accordingly, you may be ineligible for some products or services and we reserve the right to refrain from providing them.

Subject to all Terms, we grant you a nonexclusive, revocable license to copy or print an unaltered copy of information on the Site to document your contracts and activities with us, but not for any other purpose, including commercial purposes. Information on the site is copyrighted or protected by intellectual property laws, so you may not copy, modify, publicly distribute or display, perform, publish, license, create derivative works from, transfer or sell any Site information (except to the extent such constitutes fair use under the federal Copyright Act).

You agree not to alter any Site information and not to use (or allow others to use) the Site or any information obtained from it for any wrongful, unauthorized or unlawful purpose and agree to defend, indemnify and hold us and our agents and affiliates harmless from and against any loss, damage or expense (including attorneys fees) incurred because of any such use.

For information about how we treat information that you send through this Site, please see our Online Privacy Statement (which is incorporated into these Terms).

First Mutual Bank endeavors to provide accurate and timely information on its Site. However, First Mutual Bank cannot guarantee the accuracy of the information. Delays, errors and omissions may exist, and any reliance upon the information provided on the Site is at your own risk. Information on our Site is not an offer and we reserve the right to change, correct or alter it at any time and without notice.

Neither we nor any of our affiliates provide any representations or warranties regarding the site or any site to which it links, including but not limited to any information or services provided in or through our site or the other sites (all sites, information and services are collectively referenced as the "services"). All services are provided "as-is" and as available, and we make no representations or warranties about them and disclaim all implied warranties and duties of every kind, including without limitation warranties or duties (if any) as to accuracy, timeliness, completeness, suitability, availability, security, lack of viruses or negligence, merchantability, fitness for any particular purpose, or workmanlike effort. Also, we do not provide any warranty against infringement or of quiet enjoyment and make no express warranties.

Our Site contains links to sites operated by third parties. You also may use tools made by third parties on our Site, such as calculators. First Mutual Bank assumes no responsibility for the proper functioning or adequacy of any tools or for the contents or any other aspect of the linked sites. Those sites may also have their own terms and conditions. We have contracted with FPS Gold to provide deposit and loan data processing services for us and some of your activities may actually be conducted at the FPS site. If so, as between us (you and First Mutual), your use of those services is subject to these Terms as well as First Mutual Bank’s Internet Account Access Agreement.

Our Site is best viewed using the most current Netscape Navigator or Microsoft Internet Explorer web browsers. If you choose to use another browser to access our Site, we assume no responsibility for the resulting layout or content. As Netscape and Microsoft release updated browsers, this site will evolve with their advancing technology.

It is possible to contract a computer virus or similar "disease" by using the internet or materials downloaded from it. You should obtain, use and update computer virus-checking software routinely, even when you are using information that is not obtained from the internet. We cannot guarantee that the Site (or the FPS Gold site) and any software or other information downloaded from them will be virus or problem free and we disclaim any liability (if any) for viruses and similar problems.

No incidental or consequential damages.

To the full extent allowed by applicable law, you agree that neither we nor any of our affiliates will be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, lost opportunity, loss of privacy or confidential information, interruption of business, investment or any coverage or protection, or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of reasonable care) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the services, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.

Limitation on damages and exclusive remedy

You agree that your recovery for any damages that you incur shall be limited to the direct damages you actually incur in reasonable reliance on the service up to a limit of the following, at our election: (1) a refund of the amount you paid for the service in the month in which the damage from that service is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the service. Any failure or unconscionability of any remedy does not affect the enforceability of the limitation on and exclusions of consequential, incidental and other damages, and you expressly agree that those limitations and exclusions are independent of the performance of any or all agreed remedies. All limitations will apply to all legal and equitable theories.

Except as otherwise provided in these Terms, we reserve the right to change these Terms from time to time. A revision date will appear on the Terms of Use page and on the main navigation frame to indicate the most recent date of change. You agree to check for changes when you visit the Site. No changes proposed by you or First Mutual will be effective unless and until they appear in these Terms. If you do not wish to be bound by any of the changes, you must not use the Site.

Unless prohibited by a separate agreement with you, we reserve the right to cancel all or part of the Site and your license, make access unavailable, and alter all information and the types of services with or without reason or notice.

You agree that we will own all information (other than personally identifiable private information) that you submit to us or our agents online and that we shall be free to use it at any time for any purpose and in any medium. This will also apply to ideas, concepts, know-how, techniques and intellectual property (including rights of publicity) in items that you send us, except as restricted by our Online Privacy Statement.

These Terms are governed by the laws of the State of Washington, USA. You consent to the exclusive jurisdiction and venue of the courts in King County, WA, in all disputes arising out of or relating to the Services. You agree that a printed or electronic copy of these Terms (as changed from time to time) will be admissible in any judicial or administrative proceedings to the same extent as paper records. Any provision of these Terms that is declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.

To the full extent allowed by applicable law and subject to your choices made in disclosures provided by us from time to time, you agree that we may provide products, services, notices and amendments to you electronically ("e-communications") that relate to services or products that you initiate or obtain electronically. If we offer the service or product in another medium such as by telephone, mail or in person at a branch, you may utilize one of those alternatives. You are not required to initiate or conduct any transaction electronically except for transactions we only offer electronically or transactions which we have started conducting or agreed to conduct electronically. 

Your Notices to Us: We reserve the right to communicate with you other than by e-communications, and, except as otherwise provided by law,  you agree to use those other means to communicate with us. When applicable law requires us to accept notice electronically from you, you agree to send your email notice only to the following address:  webmaster@firstmutual.com.  With respect to our e-communications to you, you agree as follows:

Authorization; Email. We may provide e-communications to you or any other person involved in a transaction (such as a co-applicant), and you agree that an e-communication to any of you will count as notice to all. You agree (a) to receive e-communications in the form we make them available, (b) that we may send e-communications to the email address you provide us, (c) that you will periodically check that e-mailbox for communications, and (d) that e-communications shall be deemed received by you within three (3) days of the date that we send it, regardless of whether you check your email within that time frame.

E-Notices. E-Notices. Sometimes we may inform you that certain information will be posted or otherwise made available in a particular place (such as at a place on our Site) and tell you how to access it. If so, you agree timely to check that place to obtain the information.  If required by law, we will also send you an email alerting you to when the information has been posted. 

E-Records. E-Records. You agree to print or make an electronic copy of any e-communication to which you are entitled by law or regulation, that you desire to keep for your records or that we ask you to keep.

Relationship to Other Requirements. Relationship to Other Requirements. If there is a conflict between this agreement and a more specific provision in another contract between us, the more specific provision will control.

Changes.
We are required to make certain disclosures to you in writing under federal consumer protection laws, and you can agree to receive some or all of those disclosures electronically pursuant to electronic communications disclosures that we may make from time to time (eDisclosure). We agree to provide reasonable notice of changes in eDisclosures to the extent required by applicable law; you agree that 15 days will be reasonable notice and that we may provide shorter notice if in our good faith discretion, such is advisable to prevent harm or to protect us or you.

All contents of this Site are Copyright Ó 2000, First Mutual Bank and/or its suppliers, USA. All rights not explicitly granted herein are reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.