Terms of Use

Introduction

Welcome to the Midstates Bank website. Midstates Bank, N.A. provides access to its website(s) ("Site") subject to the following terms and conditions of website use ("Terms of Use"). By accessing this Site and any pages thereof, you hereby consent to and accept the Terms of Use, including as they may change from time-to-time. Midstates Bank, N.A. and affiliates may change the Terms of Use at any time without notice and updated Terms of Use will be posted on this website.

Related Products & Services

Midstates Bank offers a variety of products and services on this Site. Such products and services are subject to applicable underlying agreements for such products and services. Site Terms of Use are intended to supplement underlying product and service agreements and such underlying product and service agreements control in cases of conflicting provisions. Not all products and services are available in all geographic areas. Product information is subject to change without notice. Deposit and loan products are offered by Midstates Bank, N.A. Midstates Bank, N.A. is a Member FDIC, an Equal Housing Lender and an Equal Opportunity Lender. Loan products are subject to credit approval and involve interest and other costs. Please ask about details on fees, conditions, and terms of these products.  

Additional Defined Terms
  • The following terms are defined for the remainder of the Terms of Use.
  • Midstates Bank – “Midstates Bank" refers to Midstates Bank, N.A.
  • Internet service provider – "ISP" refers to Internet service provider.
Software & Hardware Requirements

To access the Site, you must obtain access to the Internet which involves computer hardware (e.g., computer, modem) and software (e.g., web browser) requirements. You are solely responsible for any fees and charges related to your access to the Internet, including but not limited to any ISP fees, telephone charges and cellular provider charges. Certain segments of the Site require additional hardware and/or software to effectively use the Site and to sign up for various products and services online. Adobe® Acrobat Reader is also needed to view statements online and to agree to some products and services online. Midstates Bank requires you to use a web browser that supports adequate security measures which includes the use of Secure Socket Layer (SSL) encryption technology with 128-bit encryption, and such standards may change from time-to-time. Midstates Bank recommends you use adequate anti-virus and anti-spyware software and that you keep such software current to help you avoid data compromise and related losses. You are responsible for selecting all systems, hardware, and your ISP. You are also responsible for any defect, malfunction or interruption in service or security due to hardware failure, your choice of ISP and systems and computer services. Midstates Bank is not responsible for any computer virus or related problems that may arise with your use of this Site, products, or services. Some services on the site may require you to have a telephone for OOBA (Out-of-Band Authentication) which provides additional, multi-factor authentication to help prevent unauthorized access.

Links to Other Sites/Weblinking

The Midstates Bank Site contains a variety of web links to third-party websites. These links are provided as a convenience to you and such third-party websites are not under Midstates Bank control. Midstates Bank makes no representations or warranties as to the accuracy and information on or from other websites. Please be advised that the privacy policy and security policy of third-party linked websites are not that of Midstates Bank.

Privacy

For consumers, please refer to the Midstates Bank Privacy Policy. This Privacy Policy reflects our understanding and expectations at the time we provide it but may change from time-to-time. No information communicated by Midstates Bank regarding its privacy policy statement alters, amends, or creates any contractual relationship and does not constitute any type of warranty. The following information is supplemental privacy information pertaining to this Site environment. Midstates Bank and our service providers may use a "cookie" or similar text files on some pages of our Site and in our online advertising. A "cookie" is an element of data that a website can send to your browser, which may then store it on your system. A cookie helps a website to recognize whether or not you have visited the website before, allowing the browser to provide your information back to the server on subsequent visits. A cookie does not retrieve any data from your hard drive, does not carry computer viruses and does not reveal anything about you that you have not already revealed.

You agree not to provide Midstates Bank with personal health care information on this Site, unless asked for such information by Midstates Bank. This Site is not intended for residents of countries other than the United States.

Some services offered on or through this Site require you to provide an electronic mail address to facilitate provision of the service. If you provide us with an electronic mail address, Midstates Bank may use such electronic mail address to send communications, including marketing communications. If you would prefer not to receive marketing communications by electronic mail, such marketing electronic mail items will contain a method for you to opt-out of receipt of marketing by electronic mail from Midstates Bank.

Security

Electronic mail over the Internet is not secure or confidential. Midstates Bank is not responsible for any damages in connection with electronic mail you send to Midstates Bank or electronic mail sent to you, at your request.

Children Using the Site

Due to the Children's Online Privacy Protection Act, this Site is not intended for use by individuals under the age of 13. Midstates Bank does not knowingly solicit or knowingly market to children under 13 without parental consent. Children should always ask a parent or legal guardian for permission before sending personal information to anyone online.

Bookmarks and Linking

You may create a bookmark in your web browser to this Site, but you may not create a link to this Site on any other publicly accessible website without the express written consent of Midstates Bank.

Aggregation

There are a variety of aggregation websites on the Internet that allow you to consolidate account information from various sources to be viewed on a website. If you choose to use an aggregator service, you should ensure that the aggregator company is reputable and has appropriate policies and practices to protect the privacy and security of information you provide and/or information they obtain access to pertaining to you. Midstates Bank does not have control over third-party aggregator policies and practices.

Copyrights, Trademarks, and/or Restrictions on  Use

 Except were expressly noted, you acknowledge and agree that Midstates Bank, our services providers and/or our licensors own all rights to the Site and the content and works of authorship displayed on the Site; including without limitation photos, text, icons, source code, video, software, graphics, and sound recordings (including how such information and materials are arranged on the Site). Such items are protected by copyright and/or other laws. You are authorized to view such information and materials on the Site only for your own informational purposes. You may not copy, distribute, disseminate, sell, reproduce, display, link to, license, create derivative works of or republish the Site or any portion of the Site for any commercial or public purpose without our prior express written consent. In addition, Midstates Bank or others (e.g., our licensors and/or service providers) as indicated also owns the trademarks, service marks, registered service marks or registered trademarks and logos (each referred to as “Marks”) which are displayed on the Site. You agree not to use such Marks without the prior express written consent of Midstates Bank or the indicated third-party that may own the Marks. You agree that except as expressly provided herein, Midstates Bank has granted you no license, rights in or rights to use any of the Marks; Midstates Bank and/or our Service Providers and licensors retain all rights to the Marks.

Regulation GG

You agree not to use the Site, products and/or services provided by Midstates Bank in a way that involves "restricted transactions" (as defined in Regulation GG, 12 CFR Part 233) pertaining to unlawful Internet gambling. You agree to inform us if your organization is an Internet gambling business (as defined in Regulation GG, 12 CFR Part 233) or if you process transactions for an Internet gambling business. Unless you notify us in writing that your organization is an Internet gambling business, you certify that your organization does not engage in an Internet gambling business. You agree to notify us in writing if your organization becomes an Internet gambling business. Restricted transactions are prohibited from being processed through the Site and/or your account at Midstates Bank. Midstates Bank reserves the right to prohibit and/or reject transactions involving Internet gambling.

Note: In the DISCLAIMER and LIMITATION OF LIABILITY section, the term “MIDSTATES BANK” encompasses our service providers.

Disclaimer. THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN THIS SITE, INCLUDING TEXT, LINKS, GRAPHICS OR OTHER ITEMS ARE PROVIDED "AS AVAILABLE", "AS IS." MIDSTATES BANK MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES HEREUNDER, OR ANY RELATED SERVICE, OR THE FITNESS OF THE SITE AND/OR SERVICES FOR CUSTOMER’S USE. MIDSTATES BANK HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION GIVEN BY MIDSTATES BANK, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY HEREUNDER. ALSO, MIDSTATES BANK DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR SERVICES PERTAINING TO NONINFRINGEMENT, SECURITY, ACCURACY, NON-INTERRUPTION AND FREEDOM FROM COMPUTER VIRUS. MIDSTATES BANK DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR ADEQUACY OF THE INFORMATION AND MATERIALS ON THE SITE.

Limitation of Liability

Except as otherwise expressly provided in this agreement or otherwise expressly provided by applicable law, rule, or regulation, you agree that neither we nor any entity or person who provides services or products to us ("Service Providers") will be liable for any loss, injury, or damage, including, but not limited to, indirect, incidental, special, consequential, or punitive damages, whether under contract, tort, or any other theory of liability, arising out of or relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure, or unauthorized interception or access to your communications with us, even if we or the Service Providers are aware of the possibility of such events. To the extent any law, rule, or regulation provides for us to be liable for any such loss, injury, or damage, but permits our liability to be limited or eliminated by agreement, this paragraph limits or eliminates our liability to the fullest extent permitted.

Miscellaneous

The Site is intended for use only in the United States. Column headings are for informational purposes only and do not impact the meaning of the Terms of Use. You agree not to use the Site in any illegal activity or for the transmission of material that is harassing, unlawful, libelous, threatening, obscene or invasive of another’s privacy. Midstates Bank does not give tax or legal advice. Consult with your tax and/or legal advisor for information specific to your situation. You agree not to reverse engineer any content or process on the Site.

Governing Law

These Terms of Use and the use of this website are governed by the laws of the State of Iowa.

Indemnification 

You agree to indemnify, defend, and hold harmless Midstates Bank and its respective directors, officers, employees, service providers and agents from and against all claims and expenses (including reasonable attorneys’ fees) arising out of your violation of the Site Terms of Use or misuse of the Site.

Questions

 If you have any questions regarding the Site, please contact us.                                   

4/2023