OUR COMMITMENT TO FAIRNESS
FAIR LENDING POLICY STATEMENT
General Policy Statement
It is the policy of First Bank of Delaware (“FBD”) and affiliates to make credit
products and associated loan operations support services available to all qualified
applicants without discriminating on the basis of race, color, religion, national
origin, sex, marital status, or age (provided that the applicant has the capacity
to enter into a binding contract); the fact that all or part of the applicant’s
income derives from any public assistance program; or the fact that the applicant
has in good faith exercised any right under the Consumer Credit Protection Act.
It is FBD policy to treat all consumers consistently and fairly. The standard for
all employees is to provide service in a fair, equitable, and consistent manner.
FBD is committed to making credit products and services available to diverse communities
and customers on an equal opportunity basis. This commitment is reflected in formal
processes and systems designed to ensure compliance with fair lending requirements.
FBD dedicates information and training resources in an ongoing effort to maintain
a high level of employee awareness for providing credit products and services in
a fair, equitable, and consistent manner.
Advertising
FBD will not engage in advertising practices or other outgoing communications that
would discourage on a prohibited basis the making or pursuing of an application
for credit.
Notification
FBD will provide notices of action taken on loan applications in accordance with
the provisions of the Equal Credit Opportunity Act and Federal Reserve Board Regulation
B.
To help the government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify, and record information
that identifies each person who opens an account.
What this means for you: When you open a First Bank of Delaware account, we will
ask for your name, address, date of birth, and other information that will allow
us to identify you. We may also ask to see your driver's license or other identifying
documents.
CREDIT REPORTING DISCLOSURE
We may report information about your account to credit bureaus. Late payments, missed
payments, or other defaults on your account may be reflected in your credit report.
TERMS OF USE
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
User Agreement
The following are terms of a legal agreement (the “Agreement”) between you and First
Bank of Delaware (“FBD”, “we”, “us”, or “our”) that sets forth the terms and conditions
for your use of this web site (the “Site”). This Site is being provided to you expressly
subject to this Agreement. By accessing, browsing and/or using this site (“Site”),
you acknowledge that you have read, understood, and agree to be bound by the terms
of this Agreement and to comply with all applicable laws and regulations. The terms
and conditions of this Agreement form an essential basis of our bargain.
We reserve the right to amend this Agreement at any time and will notify you of
any such changes by posting the revised Agreement on the Site. You should check
this Agreement periodically for changes. All changes shall be effective upon posting.
Your continued use of the Site after any change to this Agreement constitutes your
agreement to be bound by any such changes. We may terminate, suspend, change, or
restrict access to all or any part of this Site without notice or liability.
Limitation of Use
The copyright in all material on this Site, including without limitation the text,
data, articles, design, source code, software, photos, images and other information
(collectively the “Content”), is held by First Bank of Delaware or by the original
creator of the material and is protected by U.S. and International copyright laws
and treaties. You agree that the Content may not be copied, reproduced, distributed,
republished, displayed, posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the express prior written consent of First Bank of Delaware. You acknowledge
that the Content is and shall remain the property of First Bank of Delaware. You
may not modify, participate in the sale or transfer of, or create derivative works
based on any Content, in whole or in part. The use of the Content on any other Site,
including by linking or framing, or in any networked computer environment for any
purpose, is prohibited without First Bank of Delaware’s prior written approval.
You also may not, without First Bank of Delaware’s express written permission, “mirror”
any material contained on this Site on any other server. Any unauthorized use of
any Content on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited
from any use of the Content of Site that would constitute a violation of any applicable
law, regulation, rule or ordinance of any national, state, or locality or of any
international law or treaty, or that could give rise to any civil or criminal liability.
Any unauthorized use of the Site, including but not limited to unauthorized entry
into First Bank of Delaware’s systems, misuse of passwords, or misuse of any information
posted on the Site is strictly prohibited. First Bank of Delaware makes no claims
concerning whether the Content may be downloaded or is appropriate for use outside
of the United States. If you access this Site from outside of the United States,
you are solely responsible for ensuring compliance with the laws of your specific
jurisdiction. Your eligibility for particular products or services is subject to
final determination by First Bank of Delaware.
Patent Information
Technologies and processes embodied in and used by this Site are covered by one
or more TC Decision Sciences, LLC U.S. patents and by other patents pending.
Trademarks
First Bank of Delaware (including the First Bank of Delaware logo), www.FBDLoans.com,
and all related logos (collectively the “First Bank of Delaware trademarks”) are
trademarks or service marks of First Bank of Delaware. Other company, product, and
service names and logos used and displayed on this Site may be trademarks or service
marks owned by First Bank of Delaware or others. Nothing on this Site should be
construed as granting, by implication, estoppel, or otherwise, any license or right
to use any of the First Bank of Delaware trademarks displayed on this Site, without
our prior written permission in each instance. You may not use, copy, display, distribute,
modify or reproduce any of the trademarks found on the Site unless in accordance
with written authorization by us. We prohibit use of any of the First Bank of Delaware
trademarks as part of a link to or from any site unless establishment of such a
link is approved in writing by us in advance. Any questions concerning any First
Bank of Delaware Trademarks, or whether any mark or logo is a First Bank of Delaware
Trademark, should be referred to First Bank of Delaware.
Links to Third-Party Sites
This site may contain links to websites controlled or offered by third-parties (non-affiliates).
First Bank of Delaware hereby disclaims liability for any information, materials,
products or services posted or offered at any of the third-party sites linked to
this website. By creating a link to a third-party website, First Bank of Delaware
does not endorse or recommend any products or services offered or information contained
at that website, nor is First Bank of Delaware liable for any failure of products
or services offered or advertised at those websites. Such third-party may have a
privacy policy different from that of First Bank of Delaware and the third-party
website may provide less security than the First Bank of Delaware site.
Disclaimer of Warranties
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS,
LINKS OR OTHER ITEMS AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE,” WITHOUT ANY
WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. FIRST BANK OF DELAWARE
DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS
DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
FIRST BANK OF DELAWARE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT
ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED
INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND FIRST BANK OF DELAWARE DOES NOT
UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION.
FIRST BANK OF DELAWARE RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS
OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL FIRST BANK OF DELAWARE BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL,
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES,
LOSSES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION)
OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN
ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR
ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF FIRST BANK OF DELAWARE, OUR REPRESENTATIVES
THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. [YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.] IF YOUR
USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION
IS FOUND TO BE INVALID, YOU AGREE THAT FIRST BANK OF DELAWARE’S TOTAL LIABILITY
FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless First Bank of Delaware from and against
any and all claims, losses, expenses, demands or liabilities, including attorneys’
fees and costs, incurred by First Bank of Delaware in connection with any claim
by a third party (including any intellectual property claim) arising out of (i)
materials and content you submit to, post to or transmit through the Site, or (ii)
your use of the Site in violation of this Agreement or in violation of any applicable
law. You further agree that you will cooperate fully in the defense of any such
claims. First Bank of Delaware reserves the right, at their own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you, and you shall not in any event settle any such claim or matter without the
written consent of First Bank of Delaware.
Monitoring of the Site
First Bank of Delaware has no obligation to monitor the Site; however, you acknowledge
and agree that First Bank of Delaware has the right to monitor the Site electronically
from time to time and to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate the Site,
or to protect itself or other users of the Site.
Submissions
All information submitted to First Bank of Delaware via this site shall be deemed
and remain the property of First Bank of Delaware and First Bank of Delaware shall
be free to use, for any purpose, any idea, concepts, know-how or techniques contained
in information a visitor to this site provides First Bank of Delaware through this
Site. First Bank of Delaware shall not be subject to any obligations of confidentiality
regarding submitted information except as agreed by the First Bank of Delaware entity
having the direct customer relationship or as otherwise specifically agreed or required
by law. Nothing contained herein shall be construed as limiting or reducing First
Bank of Delaware’s responsibilities and obligation to customers in accordance with
the First Bank of Delaware Privacy Policy.
Use of Personally Identifiable Information
First Bank of Delaware’s practices and policies with respect to the collection and
use of personally identifiable information are governed by First Bank of Delaware’s
Privacy Policy.
Availability
This site 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. By offering this site and Content no distribution or solicitation
is made by First Bank of Delaware to any person to use the Site or Content in jurisdictions
where the provision of the site and/or content is prohibited by law.
Termination
This Agreement is effective until terminated by First Bank of Delaware. First Bank
of Delaware may terminate this Agreement at any time without notice, or suspend
or terminate your access and use of the Site at any time, with or without cause,
in First Bank of Delaware’s absolute discretion and without notice. The following
provisions of the Agreement shall survive termination of your use or access to the
Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation
of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions,
and any other provision that by its terms survives termination of your use or access
to the Site.
Waiver
Failure by First Bank of Delaware to enforce any of its rights under this Agreement
shall not be construed as a waiver of those rights or any other rights in any way
whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by
and construed in accordance with the laws of the United States and, to the extent
applicable, to the laws of the State of Delaware, without regard to its conflict
of laws rules. You agree that you will notify First Bank of Delaware in writing
of any claim or dispute concerning or relating to the Site and the information or
services provided through it, and give First Bank of Delaware a reasonable period
of time to address it BEFORE bringing any legal action, either individually, as
a class member or representative, or as a private attorney general, against First
Bank of Delaware.
Other Agreements
This Agreement shall be subject to any other agreements you have entered into with
First Bank of Delaware.
Additional Terms
Certain sections or pages on the Site may contain separate terms and conditions
of use, which are in addition to the terms and conditions of this Agreement. In
the event of a conflict, the additional terms and conditions will govern for those
sections or pages.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions shall be enforced to the fullest extent possible, and the remaining
provisions of the Agreement shall remain in full force and effect.
General Provisions
This Agreement supersedes any previous Terms of Use Agreement to which you and First
Bank of Delaware may have been bound. This Agreement will be binding on, inure to
the benefit of, and be enforceable against the parties and their respective successors
and assigns. Neither the course of conduct between parties nor trade practice shall
act to modify any provision of the Agreement. All rights not expressly granted herein
are hereby reserved. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
DISCLOSURES FOR DELAWARE RESIDENTS:
1.0 Notification - Every licensee shall furnish to every applicant, a copy of this
regulation at the time when such application is made. Posting of this regulation
in the office of the licensee in a place both prominent and easily visible to all
potential applicants shall satisfy this requirement. An explanation as to the contents
and limitations contained herein shall satisfy this requirement when transactions
occur telephonically. An informational screen containing these limitations with
an affirmative acknowledgement by the consumer, prior to application, shall satisfy
this requirement for internet transactions.
2.0 Interest
2.1 A lender may charge and collect interest in respect to a revolving credit plan
or closed end loan at such daily, weekly, monthly, annual, or other periodic percentage
rate or rates as the agreement governing the plan or loan provides, or as established
in the manner provided in such agreement. Periodic interest may be calculated on
a revolving credit plan using any balance computation method provided for in the
agreement governing the plan. Periodic interest may be calculated on a closed end
loan by way of simple interest or such other method as the agreement governing the
loan provides.
2.2 If the agreement governing the revolving credit plan or closed end loan so provides,
the periodic percentage rate or rates of interest may vary in accordance with a
schedule or formula. Such periodic percentage rate or rates may vary from time to
time as the rate determined in accordance with such schedule or formula varies and
such periodic percentage rate or rates, as so varied, may be made applicable to
all or any part of the outstanding unpaid indebtedness or outstanding unpaid amounts.
In the case of revolving credit, such rate shall become applicable on or after the
first day of the billing cycle that contains the effective date of such variation.
In the case of closed end loan transactions, such rate may be made applicable to
all or any part of the outstanding unpaid amounts on and after the effective date
of such variation. Without limitation, a permissible schedule or formula hereunder
may include provisions in the agreement governing the revolving credit plan or closed
end loan agreement for a change in the periodic percentage rate or rates of interest
applicable to all or any part of outstanding unpaid indebtedness or outstanding
unpaid amounts, whether by variation of the then applicable periodic percentage
rate or rates of interest, variation of an index or margin or otherwise, contingent
upon the happening of any event or circumstance specified in the plan or agreement,
which event or circumstance may include the failure of the borrower to perform in
accordance with the terms of the revolving credit plan or loan agreement.
3.0 Additional Fees and Charges; Limitations - If the agreement governing the plan
or loan so provides, in addition to, or in lieu of, interest at a periodic percentage
rate or rates permitted by Chapter 22, Title 5 of the Delaware Code, the licensee
may charge and collect the following fees and charges, subject to the limitations
provided below, in respect to revolving credit plans or closed end loans:
3.1 Revolving Credit - with respect to a borrower, a lender may charge, collect,
or receive one or more of the following fees and charges under plans subject to
the provisions of Subchapter II, Chapter 22, Title 5 of the Delaware Code:
3.1.1 periodic charges - a daily, weekly, monthly, annual or other periodic charge
in such amount or amounts as the agreement may provide for the privileges made available
to the borrower under the plan;
3.1.2 transaction charges - a transaction charge or charges in such amount or amounts
as the agreement may provide for each separate purchase or loan under the plan;
3.1.3 minimum charges - a minimum charge in such amount or amounts as the agreement
may provide for each daily, weekly, monthly, annual or other scheduled billing period
under the plan during any portion of which there is an outstanding unpaid indebtedness
under the plan;
3.1.4 fees for services rendered or reimbursement of expenses - reasonable fees
for services rendered or for reimbursement of expenses incurred in good faith by
the licensee or its agent in connection with such loan, including without limitation,
commitment fees, official fees and taxes, premiums or other charges for any guarantee
or insurance protecting the licensee against the borrower's default or other credit
loss, or costs incurred by reason of examination of title, inspection, recording
and other formal acts necessary or appropriate to the security of the loan, filing
fees, attorney's fees and travel expenses. In the event a borrower defaults under
the terms of a plan, the licensee may, if the borrower's account is referred to
an attorney (not a regularly salaried employee of the licensee) or to a third party
for collection and if the agreement governing the revolving credit plan so provides,
charge and collect from the borrower a reasonable attorney's fee. In addition, following
a borrower's default, the licensee may, if the agreement governing the plan so provides,
recover from the borrower all court, alternative dispute resolution or other collection
costs (including, without limitation, fees and charges of collection agencies) actually
incurred by the licensee;
3.1.5 overlimit charges - a charge in such amount or amounts as the agreement may
provide, for each daily, weekly, monthly, annual or other scheduled billing period
under the plan during any portion of which the total outstanding indebtedness exceeds
the credit limit established under the plan;
3.1.6 delinquency charges - a late or delinquency charge upon any outstanding unpaid
installment payments or portions thereof under the plan which are in default; provided,
however, that no more than 1 such late or delinquency charge may be imposed in respect
of any single such installment payment or portion thereof regardless of the period
during which it remains in default; and provided further, however, that for the
purpose only of the preceding provision all payments by the borrower shall be deemed
to be applied to satisfaction of installment payments in the order in which they
become due;
3.1.7 returned check charges - a returned check charge may be assessed to consumers,
in such amount or amounts as the agreement may provide, provided the amount(s) of
such charges are customary and reasonable for checks that are returned unpaid;
3.1.8 termination fees - a charge in such amount or amounts as the agreement may
provide to terminate a revolving credit plan;
3.1.9 charges incurred in connection with real estate secured transactions - in
the case of revolving credit secured by real estate such additional charges as outlined
in item 3.3 of this regulation may also be collected within the limitations stated
therein.
3.2 Closed End Credit - with respect to a borrower, a lender may charge, collect,
or receive one or more of the following fees and charges for loans subject to the
provisions of Subchapter III, Chapter 22, Title 5 of the Delaware Code:
3.2.1 fees for services rendered or reimbursement of expenses - reasonable fees
for services rendered or for reimbursement of expenses incurred in good faith by
the licensee or its agent in connection with such loan, including without limitation,
commitment fees, official fees and taxes, premiums or other charges for any guarantee
or insurance protecting the licensee against the borrower's default or other credit
loss, or costs incurred by reason of examination of title, inspection, recording
and other formal acts necessary or appropriate to the security of the loan, filing
fees, attorney's fees and travel expenses. In the event a borrower defaults under
the terms of the loan, the licensee may, if the borrower's account is referred to
an attorney (not a regularly salaried employee of the licensee) or to a third party
for collection and if the agreement governing, or the bond, note or other evidence
of, the loan so provides, charge and collect from the borrower a reasonable attorney's
fee. In addition, following a borrower's default, the licensee may, if the agreement
governing , or the bond, note or other evidence of, the loan so provides, recover
from the borrower all court, alternative dispute resolution or other collection
costs (including, without limitation, fees and charges of collection agencies) actually
incurred by the licensee;
3.2.2 deferral charges - a deferral charge may be assessed to a borrower in accordance
with an agreement to permit the borrower to defer installment payments of a loan;
3.2.3 delinquency charges - if the agreement governing the loan so provides, a late
or delinquency charge may be imposed upon any outstanding unpaid installment payment
or portions thereof under the loan agreement which are in default; provided, however,
that no more than 1 such delinquency charge may be imposed in respect of any single
such installment payment or portion thereof regardless of the period during which
it remains in default; and provided further that no such delinquency charge may
exceed 5% of the amount of any such installment or portion thereof in default;
3.2.4 returned check charges - if the agreement governing the loan so provides,
a returned check charge may be assessed to consumers, for checks that are returned
unpaid provided the amount(s) of such charges are customary and reasonable;
3.2.5 credit report fees - credit report fees shall be limited to the actual cost
of the report if paid to a third party, not an employee of the lender or affiliate.
Such amounts shall be customary and reasonable.
COPYRIGHT © 2006-2009. ALL RIGHTS RESERVED
Copyright in the pages and in the screens displaying the pages, and in the information
and material therein and in their arrangement, is owned by First Bank of Delaware
unless otherwise indicated.
OFFERS VOID IN SOME STATES
The offers advertised on this site may be void in some states.
Last Updated: April 24, 2008