The words "we", "us" and "our" refer to Midland States Bank, its parents and subsidiaries, and any agent, independent contractor or assignee Midland States Bank may, in its sole discretion, involve in the provision of this web site. The words "you" and "your" refers to visitors and users of this web site. A reference to the term "web site" includes any Midland States Bank web site or service associated with, or which may be accessed directly or indirectly in connection with, Midland States Bank's web site or its related web sites.
By using the web site, you are entering into a legal agreement with Midland States Bank to abide by these terms of service. If you do not wish to be bound by the terms of service, please exit the web site now. Your sole remedy for dissatisfaction with the web site, or anything available on the web site, is to stop using the web site or the particular services.
Certain services available in connection with the web site may contain terms of service that are more restrictive than these terms of service. Both these terms of service and terms of service specific to that certain service apply to your use of this web site. In the event of a conflict between these terms of service and more restrictive terms of service, the more restrictive terms of service shall control.
Midland States Bank reserves the right to change the terms of service or policies regarding the use of the web site at any time and to notify you by posting an updated version of the terms of service on this web site. You are responsible for regularly reviewing the terms of service. Continued use of the web site after any such changes shall constitute your consent to such changes.
Midland States Bank may discontinue or make changes in the information, products or services described herein at any time. Any dated information is published as of its date only, and Midland States Bank does not undertake any obligation or responsibility to update or amend any such information. Midland States Bank reserves the right to terminate any or all web offerings without prior notice to the user. Furthermore, by offering information, products, or services via this web site, no solicitation is made by Midland States Bank to any person to use such information, products, or services in jurisdictions where the provision of such information, products, or services is prohibited by law.
The works of authorship contained in this web site, including, but not limited to, all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Midland States Bank, its parents, or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Midland States Bank, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. Sect. 107), as amended. However, you may download or make one copy of the downloadable materials displayed on the web site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the materials are left intact. Any modification of the materials contained on the web site, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of copyrights and other proprietary rights of Midland States Bank. "Liv" and "Believable Banking" are trademarks of Midland States Bancorp, Inc.
Notwithstanding the above restrictions, financial publications (publishers of, or writers for, magazines, newspapers and other printed materials related in whole or in part to the financial services and banking industry) may download a copy of the biographical information, including all text and photographs, of the members of the Midland States Bank executive management team displayed on this web site (the "biographical content"). Financial publications may download the biographical content solely for the purpose of displaying the biographical content in connection with the corresponding Midland States Bank executive in the financial publication. The biographical content is provided "as is", may not be altered or modified in any way, and must be used in its entirety with respect to each Midland States Bank executive.
This is a license only and not a transfer of title to any of the biographical content. Midland States Bank owns all rights in and to the biographical content. As a condition of this license, the individual or entity downloading the biographical content of one or more of the Midland States Bank executives consents to Midland States Bank's approval or disapproval of any use thereof that Midland States Bank finds objectionable, in its sole discretion. Midland States Bank reserves the right, in its sole discretion, to terminate access to any or all of the biographical content or any portion thereof, at any time, by providing written notice (whether by mail, courier, hand delivery or electronic delivery) to the financial publication. Upon receipt of such notice, the financial publication shall immediately cease all downloading and other use of the biographical content, destroy all copies (whether printed or electronic, and whether partial or whole) of the biographical content and all publications containing such biographical content, and if requested by Midland States Bank, print a retraction in the financial publication and take any other corrective actions requested by Midland States Bank in its sole discretion.
The individual or entity downloading the biographical content agrees that it will not be used in connection with content that is libelous or otherwise unlawful, abusive, immoral, vulgar, obscene or threatening material, or content that will constitute or encourage conduct that would be considered criminal. Such individual or entity shall remain solely responsible for the content of any publication containing the biographical content of any Midland States Bank executive, and, as a condition of the license granted herein, and as partial consideration therefor, shall indemnify, defend, and hold harmless, Midland States Bank and its affiliates, and the officers, directors, employees, agents and representatives of any of the foregoing (including but not limited to all Midland States Bank executives) for any claim based on such content.
Disclaimers / Limitation of Liability.
Your use of any aspect of the web site is at your own risk. Midland States Bank does not represent or warrant and will not be liable for (a) any error or omission of Midland States Bank, or any act or omission of any third party web site; (b) any error, delay, interruption, operational problem, unavailability or failure in the web site, any web site component, or any directly or indirectly related equipment, system, programming or network account, unless Midland States Bank specifically accepts liability elsewhere on the web site; (d) any viruses or other code or component that may affect your computer system or other property as a result of your use of the web site; (e) or that the results of the use of the web site or the materials made available as part of the web site will be correct, accurate, timely or otherwise reliable.
You specifically agree that Midland States Bank shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the web site, unless Midland States Bank specifically agrees elsewhere to be liable for the aforementioned items.
MIDLAND STATES BANK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE WEB SITE FOR ANY PURPOSE. THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MIDLAND STATES BANK AND / OR THE RESPECTIVE THIRD PARTY WEB SITES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL MIDLAND STATES BANK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION; DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE OR RELATED WEB SITES; DAMAGES RELATING TO THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED WEB SITES; DAMAGES RELATING TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEB SITE; OR DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIDLAND STATES BANK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND ITS RELATED WEB SITES.
Third Party Web Sites.
The web site includes links to sites on the Internet that are owned or operated by third parties ("third party web sites"). When following a link to a third party web site, you do so at your own risk and should review and determine if you agree to such party's rules of use before using such web site. You also agree that Midland States Bank has no control over the content of that web site and cannot assume any responsibility for material created or published on third party web sites. Midland States Bank makes no warranties, either express or implied, concerning the content of such third party web sites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Nor does Midland States Bank warrant that such third party web sites or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such web site or content is devoid of viruses or other contamination. Any transaction you conduct using the third party web site or through the web site are transactions entered into solely between you and the third party web site to which you are linked. Midland States Bank has no liability whatsoever for activities associated with such transactions. In some instances, Midland States Bank may receive a referral fee in connection with the third party web site. MIDLAND STATES BANK DOES NOT PROVIDE, ENDORSE OR GUARANTY ANY OF THE INFORMATION, RECOMMENDATIONS, PRODUCTS, OR SERVICES OF ANY THIRD PARTIES OR THIRD PARTY WEB SITES, NOR DOES IT ACCEPT ANY LIABILITY IN CONNECTION WITH THE SECURITY MEASURES EMPLOYED BY SUCH THIRD PARTIES OR THIRD PARTY WEB SITES.
You agree to indemnify, defend, and hold harmless Midland States Bank, its parents, subsidiaries, affiliates, and the respective employees, directors, officers and agents of each, against any and all claims, demands, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from your breach of these terms of service or arising out of your use or conduct on the web site.
You understand and agree that use of, or connection to, the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of the web site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Midland States Bank shall not be responsible for any adverse consequences whatsoever of your connection to, or use of, the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
E-mail may not be secure, so please do not use e-mail to send us communications which contain confidential information such as an account number, a Social Security Number, a PIN or password, or communications which require immediate attention. If you have questions about your existing Midland States Bank account, please call us instead.
The Site is not targeted to children (people under thirteen years of age), nor do we provide services or sell products intended for use or purchase by children. To the extent that any child-related services or products are available on the web site, they are for use or purchase by adults.
These terms of service and the relationship between you and Midland States Bank shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and any applicable federal laws or regulations. You and Midland States Bank agree to submit to the personal and exclusive jurisdiction of the courts located within Effingham County, Illinois.
These terms of service, as well as any written and signed agreements which you may have with Midland States Bank, constitute the entire agreement between you and Midland States Bank with respect to the web site and governs your use of the web site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The failure of Midland States Bank to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If any provision of these terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms of service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the web site or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms of service are for convenience only and have no legal or contractual effect.
The primary federal regulator for Midland States Bank is the Federal Reserve Bank of St. Louis.