Your use of the Indiana Business Bank web site constitutes your agreement to the following terms and conditions. From time to time we may revise these terms and conditions without specific notice to you. Your continued use of the web site shall be deemed your acceptance of such changes. If you do not agree with our Terms of Use, your sole and exclusive remedy is to discontinue using the web site. By using the Indiana Business Bank web site, you acknowledge that your use of the web site is at your sole risk.
Entire Agreement
You agree that this Terms of Use Agreement ("Agreement") constitutes the entire agreement between you and Indiana Business Bank with respect to your use of the web site, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, written or oral, between Indiana Business Bank and you, with respect to the web site.
Copyright and Trademarks
All content of this web site including, but not limited to, the text, design, images, graphics, source code, and content contained in the pages and in the screens displaying the pages, is the property of Indiana Business Bank, unless otherwise indicated, and is protected by U.S. copyright laws. Copyright © Indiana Business Bank 2004. All rights reserved. This site may also contain logos and trademarks of some third party, in which case it is also prohibited to use such marks without the third party's consent.
Except as otherwise specifically provided in these terms and conditions, you may not download or save a copy of the web site content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the web site content solely for your personal, non-commercial use or records, provided that Indiana Business Bank® or any other marks, logos or other legends of Indiana Business Bank that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. The Indiana Business Bank design logo is a federally registered trademark. Indiana Business Bank and its subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages.
Any unauthorized use of the logos, trademarks, or service marks of Indiana Business Bank inconsistent with Indiana Business Bank's intellectual property rights or this Terms of Use Agreement, including use in any manner that is likely to cause confusion among clients and customers, is strictly prohibited. You may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the web site content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. To seek our permission, you may write to Indiana Business Bank at the address provided below.
User Conduct
You agree not to take any action that interferes with the proper working of the web site; imposes an unreasonable or disproportionately large load on the web site's infrastructure; might compromise the security of the web site; render the web site or the Service inaccessible to others; or otherwise cause damage to the web site or any content contained on the web site. You agree not to copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the site for any commercial or public purpose except as expressly authorized by Indiana Business Bank in these Terms of Use or by a written agreement between you and Indiana Business Bank.
The Indiana Business Bank web site is for informational and educational purposes only. Although this web site may provide information relating to financial matters, you should not construe this content as legal, tax, investment, financial or other advice. Nothing contained in our web site constitutes a solicitation, recommendation, endorsement, or offer by Indiana Business Bank or a third party provider to buy or sell any financial products or services.
You agree that you will not use the web site or any information or services related thereto for any unlawful purpose, including, but not limited to, unauthorized entry into Indiana Business Bank's systems, misuse of passwords, or misuse of any information posted on a site. Indiana Business Bank, in its sole discretion, shall determine whether any use violates this provision.
Use of Customer Information
Indiana Business Bank will only utilize information provided by web site users for lawful business purposes. Users acknowledge and agree that any personal or proprietary information provided to Indiana Business Bank via the web site will be treated by Indiana Business Bank as confidential and will not be used, collected, or retained unless Indiana Business Bank has a legitimate business purpose to do so. The Indiana Business Bank Privacy Policy provides more information on the protection of your account information.
You understand that Indiana Business Bank has no obligation to monitor the web site. However, Indiana Business Bank reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Indiana Business Bank's sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that Indiana Business Bank reserves the right to, and may from time-to-time, monitor any and all information transmitted or received through the web site, for operational and other purposes, subject to the Indiana Business Bank Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Indiana Business Bank's Privacy Policy. Use of the web site constitutes consent to such monitoring.
Electronic Transmission of Personal Information
Messages sent via electronic mail may be intercepted by third parties and are not protected by Indiana Business Bank. Personal email should not be used to communicate sensitive account information. Indiana Business Bank product and account applications submitted via the web site, however, are protected by encryption. Indiana Business Bank may not be held accountable for any loss resulting from the delay or failure to transmit a message or application via the web site arising from user error, malfunction of equipment, natural impediments, and/or inaccurate or incomplete information. Submissions become the personal property of Indiana Business Bank and may be used for any purpose within the limits of our Privacy Policy and applicable law.
Links
Indiana Business Bank may provide links to web sites maintained by third parties and may from time-to-time provide third-party items or materials on this web site. Any mention on this web site of products or services provided by third parties is for informational purposes only and constitutes neither an enforcement nor a recommendation by Indiana Business Bank. All data, analyses, opinions and other information made available on Indiana Business Bank's web site Page via links are provided as is and with all faults and without any express or implied warranty, and Indiana Business Bank disclaims any and all implied warranties of merchantability, fitness for any purpose, accuracy of informational content, and absence of viruses. There is no warranty, guarantee, or representation regarding the use, or the results of the use of the data, analyses, opinions and other information accessed via Indiana Business Bank's web site in terms of accuracy, correctness, reliability, integrity, completeness, currentness, or otherwise. All risk as to the results and performance of the data, analyses, opinions and other information is assumed by the user. Such third party sites may have a privacy policy different from that of Indiana Business Bank and the third party web site may provide less security than the Indiana Business Bank site. Under no circumstances is Indiana Business Bank liable for any damages arising from transactions between you and third parties or for any information appearing on third party sites or any other site linked to this site.
Cookies
Indiana Business Bank uses cookies to make parts of your online experience with our web sites more consistent. As a matter of security, we do not embed your personal information in our cookies, including Social Security numbers or passwords.
"Cookies" are bits of text assigned by a web server (the machine hosting the web site) to your browser. Cookies generally assist with the tracking of preferences, sometimes including recognizing return visitors. When you return to a personalized web site you visited previously, your browser gives this data back to the server allowing it to recognize that you have been there before. This allows it to load any preferences you might have saved on a previous visit.
Cookies also enable online banking to take place. A session identification number is assigned to each user to maintain the user's session as he or she navigates the site. The unique identifier key allows the server to recognize you from one page to the next. Contrary to reports about cookies and online privacy, cookies cannot be read by any web sites other than the one that initially set them. The cookies we use for online banking expire the moment you close your browser window (or for AOL® users, the AOL® application)
After a web server has authenticated you as a user, there are a few important things to consider for your security. We recommend that you log off of any web application which provides a log off or log out feature, before leaving your computer. You should also close the browser window completely, particularly in any shared public environment. This prevents an unscrupulous person from using the "back" button to return to an earlier page and see your information.
Rejecting Cookies
You can set your browser to reject cookies, but disabling session cookies will prevent you from banking online with Indiana Business Bank. Rejecting cookies may also cause difficulties in access to other sites, particularly those which require you to log in. Sites depend upon cookies to provide the personalization that users have come to enjoy from the Internet, as well as much of the security therein.
The latest versions of many browsers allow you to reject cookies automatically. With this feature it may not be necessary for you to set your browser to reject cookies. In earlier versions of these browsers you must explicitly command your browser to reject cookies when you are just browsing and accept cookies when you want to conduct online transactions. Some browsers allow you to specify "session" cookies separately -- these are the sort of cookie that online banking uses, and should always be accepted. The following procedures explain how to modify cookie settings in two of the more commonly used browsers.
Netscape Communicator® or Navigator®: Choose Preferences from the Edit menu. From the Preferences menu, select Advanced, and several cookie options will be listed in the lower right of the menu. There will be options that allow you to accept cookies, request permission before accepting, or disallow cookies completely.
Microsoft Internet Explorer®: Choose Options from the View menu. Choose the Advanced menu and scroll to the "Cookies" section. You will have several options -- accept cookies, ask permission before accepting cookies, or disallow cookies. If you have Internet Explorer 6.0, you also have the option to reject third party cookies.
We encourage you to read the privacy policies of the Web sites you visit before you accept cookies from them.
Children's Online Privacy Protection Act (COPPA) Compliance
Indiana Business Bank web sites do not knowingly collect, maintain, or use personal information about children under age 13. If a child who we know to be under age 13 sends personal information to us online, we will only use that information to respond directly to that child, notify parents, or seek parental consent.
Tools and Calculators
The information provided by these calculators is for illustrative purposes only. The information entered may vary from your actual loan, mortgage, investment, or savings results. Interest rates are hypothetical and are not meant to represent any specific investment. Rates of return will vary over time, particularly for long-term investments. The calculated results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Indiana Business Bank.
Indemnification
You agree to defend, indemnify, and hold harmless Indiana Business Bank and its officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to: (a) any material provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the web site; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the web site, including information obtained through the web site.
Governing Law
This Agreement shall be treated as though it were executed and performed in Indianapolis, Indiana, and shall be governed by and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of Indiana (without regard to conflict of law principles). Any cause of action by you with respect to the web site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Indianapolis - Marion County, Indiana. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect.
Miscellaneous
To the extent that anything in or associated with the web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Indiana Business Bank's delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only, and are not to be considered in construing or interpreting this Agreement.
Disclaimer
Our intent is to provide a secure and trouble-free web site. However, we cannot guaranty its operation or the absolute confidentiality of information or data entered through it.
THIS WEB SITE IS PROVIDED BY INDIANA BUSINESS BANK ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDIANA BUSINESS BANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES, INCLUDED ON, OR USEABLE THROUGH OR BY MEANS OF, THIS WEB SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR OTHER USE OF DATA, DOCUMENTS OR INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INDIANA BUSINESS BANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER INDIANA BUSINESS BANK NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.