Terms of Use Policy

 

Policy

Terms of Use Policy Please carefully read the following terms and conditions for the mid-americabank.com website ("Site"). By accessing this Site you agree to the terms and conditions outlined below.

Unauthorized use of websites and systems of Mid America Bank ("Mid America Bank," "we," or "our"), including, but not limited to unauthorized entry into Mid America Banks systems, misuse of passwords, or misuse of any information posted, is strictly prohibited. This Site is not intended for children under 13 years of age. By using this Site, you affirm that you are over age 13.

You acknowledge that Mid America bank may disclose and transfer any information that you provide through this Site as described in Privacy Policy. Use of this Site may be monitored. Based on your use of this Site, you consent to such monitoring. In circumstances where locations of the Site require identification for process, you will establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

Web Content and Materials

The information on this Site is believed to be reliable, but Mid America Bank does not warrant its completeness, timeliness, or accuracy and expressly disclaims liability for errors or omissions in the materials and information. Any dated information is published as of its date only, and Mid America Bank does not undertake any obligation or responsibility to update or amend such information. By offering this Site, and information, products, or services via this Site, no distribution or solicitation is made by Mid America Bank to any person to use the Site or such information, products, or services in jurisdictions where the provision of the Site and such information, products, or services is prohibited by law.

The information on the Site is not intended as an offer or solicitation for the purchase of any bank product or service. Eligibility for particular products and services is subject to the final determination by Mid America Bank and/or its affiliates. Products and services described, as well as associated fees, charges, interest rates, and balance requirements, may differ among geographic locations. Not all products and services are offered at all locations. Products and services described in this Site are subject to the terms and conditions of the applicable agreement for each such product and service.

Potential Disruption of Service

Access to the Site may from time to time be unavailable, delayed, limited, or slowed due to, among other things:

  • hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things bugs, errors, viruses, configuration problems, incompatibility of systems, utilities, or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Mid America Bank.

Links to Other Sites

Links to non-Mid America Bank websites are provided as pointers to product and service information on topics that may be useful to the user of this website. In most cases, Mid America Bank has little or no control over the content of such non- Mid America Bank websites. In all cases, your use of such links is at your own risk, and you agree to read and adhere to the policies and terms of use applicable to that site. If you choose to link to a website not controlled by Mid America Bank, Mid America Bank makes no warranties, either express or implied, concerning the content of such site, including the accuracy, authenticity, completeness, reliability, or suitability for any particular purpose. Mid America Bank does not warrant that such site or its content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or its content is devoid of viruses or other contamination. Links to non-Mid America Bank sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN OR MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED "AS IS," "WHERE IS," AND "AS AVAILABLE," WITH NO WARRANTIES OR REPRESENTATIONS REGARDING THE SITE. MID AMERICA BANK DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, MID AMERICA BANK WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE-ACCESSING PROGRAM. NOR WILL MID AMERICA BANK BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MID AMERICA BANK ‘S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

MID AMERICA BANK IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE. UNDER NO CIRCUMSTANCES WILL MID AMERICA BANK BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER MID AMERICA BANK HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING MID AMERICA BANK’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

Prohibited Activities

In using the Site, you agree not to:

  • Misrepresent your identity in any way;
  • Violate or attempt to violate the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We may investigate any suspected violation and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations;
  • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials;
  • Reverse engineer, disassemble, or decompile any section or technology on this site;
  • Launch or use any automated system, including without limitation "robots," "spiders," or "offline readers," that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through this Site chain letters, unsolicited messages, "spamming" or "phishing" messages, or messages marketing or advertising goods and services; or
  • Violate any applicable laws or regulations or these Terms of Use.

Indemnification

You agree to defend, indemnify, and hold harmless Mid America Bank, its affiliates, and their respective directors, officers, employees, and agents, from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms of Use or misuse of this Site, including such violation or misuses conducted by your employee or agent, if applicable.

Relationship to Online Banking Services

If you are enrolled in Mid America Bank Online Banking, your use of online banking services is governed by our Online Banking Agreement. If there is inconsistency between these Terms of Use and the Online Banking Agreement, the Online Banking Agreement as applicable, shall be controlling to the extent of such inconsistency.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall remain in full force and effect. These Terms and Conditions shall be subject to any other agreements you have entered into with Mid America Bank. The laws of the State of Kansas govern the user's access to and use of the mid-americabank.com Site and these Terms of Use.

Copyright Notices

The works of authorship contained in this Site, including, but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by Mid America Bank or one of its subsidiaries or affiliates. Except as otherwise expressly stated, they may not be copied, displayed, performed, distributed, licensed, framed, downloaded, modified, published, reposted, sold, transmitted, stored for subsequent use, or otherwise used in whole or in part in any manner without the prior written consent of Mid America Bank. The exception is the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then only with notices of Mid America Bank's proprietary rights; provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Termination and Changes in Terms

Mid America Bank reserves the right to terminate any or all Site offerings or transmissions without prior notice to the user. Mid America Bank further reserves the right to modify these Terms of Use at any time without notice. The most current version of the Terms of Use will available on this Site. If you find the Terms of Use unacceptable, you may discontinue your use of the Site. By continuing to access the Site, you agree to be bound by the Terms of Use posted at the time of access.

Last Update 11/01/2014

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