Acceptable Use Statement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS MOBILE SMART APPLICATION OR INTERNET BANKING WEBSITE.

BY ACCESSING OR USING THIS INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY HEARTLAND STATE BANK (for purposes of these terms and conditions the term “Heartland State Bank” includes Heartland State Bank’s affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION OR WEBSITE.

No Warranties: Although Heartland State Bank attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, HEARTLAND STATE BANK ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION OPERATED BY A THIRD PARTY.

Finally, without limitation as to the foregoing, in regard to Limitation of Liability. IN NO EVENT

WILL HEARTLAND STATE BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR

THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT

LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE

DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF

LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION OR IN

CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,

INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,

LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION

OR ANY INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION OR ANY OTHER INTERNET BANKING WEBSITE/MOBILE BANKING APPLICATION, EVEN IF HEARTLAND STATE BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Use of Internet Banking Website/Mobile Banking Application: Contents are included in this Internet Banking Website/Mobile Banking Application solely for the personal use of Internet Banking Website/Mobile Banking Application users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Internet Banking Website/Mobile Banking Application without the prior written consent of Heartland State Bank, which may be withheld in its sole discretion.

Copyrights and Other Intellectual Property: Except where otherwise expressly noted or as noted below, all Contents of this Internet Banking Website/Mobile Banking Application, including the graphics, icons and overall appearance of the Internet Banking Website/Mobile Banking Application, are the sole and exclusive property of HEARTLAND STATE BANK and/or its subsidiaries or affiliates. Certain of Heartland State Bank’s trademarks and/or Internet Banking Website/Mobile Banking Application marks are also listed below. The posting of the Contents of this Internet Banking Website/Mobile Banking Application neither constitutes a waiver of any of Heartland State Bank’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, Internet Banking Website/Mobile Banking Application marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Internet Banking Website/Mobile Banking Application user or to any third party. Contents of this Internet Banking Website/Mobile Banking Application are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Internet Banking Website/Mobile Banking Application.

Heartlandstatebank.com is a trademark of Heartland State Bank

The display of third party trademarks within this Internet Banking Website/Mobile Banking Application does not grant a license of any kind to the reader. Any downloading of material contained in the site, or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this Internet Banking Website/Mobile Banking Application or any Internet Banking Website/Mobile Banking Application linked to this Internet Banking Website/Mobile Banking Application may be a violation of federal and other trademark laws and federal copyright laws.

Links to Other Internet Banking Website/Mobile Banking Applications: Heartland State Bank may establish links between this Internet Banking Website/Mobile Banking Application and one or more Internet Banking Website/Mobile Banking Applications operated by third parties. Heartland State Bank has no control over any such other Internet Banking Website/Mobile Banking Applications or the contents therein. The existence of any such links shall not constitute an endorsement by HEARTLAND STATE BANK of such Internet Banking Website/Mobile Banking Applications, the contents of the Internet Banking Website/Mobile Banking Applications, or the operators of the Internet Banking Website/Mobile Banking Applications.

Transmissions to and from this Internet Banking Website/Mobile Banking Application: Except where expressly indicated otherwise, transmissions to and from this Internet Banking Website/Mobile Banking Application or directed to Heartland State Bank, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Heartland State Bank. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-701-493-2817 or write us instead at this address: Heartland State Bank, PO Box 68, Edgeley, ND  58433 Attention: Internet Banking Website/Mobile Banking Application. Any transmission to this Internet Banking Website/Mobile Banking Application, including E-mails shall be deemed and remain the property of Heartland State Bank. Heartland State Bank shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by an Internet Banking Website/Mobile Banking Application user to Heartland State Bank through this Internet Banking Website/Mobile Banking Application.

Modifications: Heartland State Bank may at any time make modifications, changes, and alterations to the Contents of this Internet Banking Website/Mobile Banking Application, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Internet Banking Website/Mobile Banking Application following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Governing law: These Terms and Conditions shall be governed by and construed in accordance with the law of the state of North Dakota, without regard to the conflict of laws thereof, and to the laws of the United States.

Venue: Disputes arising from the use of this Internet Banking Website/Mobile Banking Application shall be exclusively subject to the jurisdiction of any federal or state court for the state of North Dakota.

Severability: To the extent any portion of these Terms and Conditions 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 and Conditions, as so modified, shall remain in full force and effect.

Waiver: No waiver by Heartland State Bank of any right under or term or provision of these

Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.

Internet Banking Website/Mobile Banking Application Contact. You may contact Heartland State Bank by E-mail or by phone

Email to: info@heartlandstatebank.com

Phone:  701-493-2817