The words "we", "us", "our" and "Heartland" refer to Heartland Bank and Trust Company, its parents, subsidiaries, affiliates and the respective employees, directors, officers, and agents of each, and any agent, independent contractor or assignee that Heartland may, in its sole discretion, involve in the provision of Heartland’s website and related sites (“Site”). The words "you", "your" and “user” refers to visitors and users of the Site.
Your use of the Site constitutes your agreement to all of the following terms, conditions and notices. If you do not agree with the Terms, your sole remedy is to discontinue your use of the Site.
Heartland may make modifications, changes, and alterations to the information on the Site and the Terms at any time without prior notice to you. You are responsible for reviewing the Terms regularly. Your continued use of this Site following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes or alterations.
Copyright and Trademark
The contents of the Site are the property of Heartland, unless otherwise indicated, and are protected by applicable copyright and trademark laws. All rights are reserved by Heartland and the content of the Site may not be reproduced, downloaded, disseminated, published or transferred without the prior written permission of Heartland. The trademarks, logos, and service marks displayed on the Site are the property of Heartland and other parties.
Products and Services
The products and services described on the Site are available only where permitted by law. Products and services may not be available in all geographic areas. All products and services are subject to change without notice. Products and services offered through the Site are subject to separate terms and conditions, where applicable.
Any dated information on the Site is published as of its date only, and Heartland does not undertake any obligation or responsibility to update or amend any such information. Heartland reserves the right to terminate any or all web offerings without prior notice to the user. Furthermore, by offering information, products or services via the Site, no solicitation is made by Heartland 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.
Use of the Site
The contents of the Site are for personal use only. You may not copy (other than a single copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell or republish any of the contents of the Site without the prior written consent of Heartland, which may be withheld in our sole discretion. As a condition of your use of the Site, you warrant to Heartland that you will not use the Site or any information contained on the Site for any purpose that is unlawful or prohibited by these Terms, and that you will not access the Site or use materials or services available on the Site from countries or territories where such access or use is illegal.
Security of Information Transmitted Via the Site
Unless expressly stated, communications initiated through the Site may not be secure. Because email may not be secure, please do not use e-mail to send us communications which contain confidential information such as account numbers, social security numbers, PINs and passwords, or communications which require immediate attention.
All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Heartland 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.
Technology & Plugins
The Site uses several different products and technologies to display content and to provide you with the best possible web experience. Heartland does not endorse any of these products and technologies, is not affiliated with the companies who produce them, and will also not be held liable for the use of such products and technologies.
The Site is not targeted to children (people under thirteen years of age), nor does Heartland 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 Site, they are for use or purchase by adults only.
Tools and Calculators
The Site may contain tools and calculators. Heartland provides tools and calculators as a service to users for educational purposes only. Heartland does not guarantee the accuracy of the tools, calculators or the results. Heartland is not responsible for, and expressly disclaims all liability for, damages arising out of the use of such tools and calculators.
Browsers accessing the Site are given a cookie. A cookie is a piece of information sent by a web server to a web browser. Cookies allow a website to identify whether or not a user previously visited the site as well as certain browser preferences. The web browser saves and sends the cookie back to the server each time the browser accesses the website. You must have the option for per session cookies enabled in order to use the Online Account features on the Site. Heartland does not store personal or confidential information in cookies.
As you browse the Site, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeting advertising on other sites based on your previous interaction with the Site. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.
Disclaimers/Limitation of Liability
Use of the Site and its contents is at your sole risk. Heartland will not be liable for (a) any error or omission of Heartland, or any act or omission of any Third Party Sites; (b) any error, delay, interruption, operational problem, unavailability or failure in the Site, any Site component, or any directly or indirectly related equipment, system, programming or network account, unless Heartland specifically accepts liability elsewhere on the Site; or (c) any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site. Heartland does not represent or warrant that the results of the use of the Site or the materials made available as part of the Site will be correct, accurate, timely or otherwise reliable.
INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In no event will Heartland be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) resulting from the use of or the inability to use the Site, Site content or any products or services, or any failure of performance, error, omission, interruption, effect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the Site or any Third Party Sites.
In addition, Heartland assumes no responsibility for consequences resulting from the use of the information on the Site, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyrights or other intellectual property rights, and the violation of property, privacy or personal rights of others. Heartland is not responsible for, and expressly disclaims all liability for damages of any kind arising out of use, reference or reliance on such information.
You agree to indemnify, defend, and hold harmless Heartland 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 or arising out of your use or conduct on the Site.
You agree that disputes arising out of or relating to the contents or use of the Site are to be governed by the laws of the State of Illinois. You consent to the exclusive jurisdiction of courts sitting in the State of Illinois, County of McLean, in all disputes arising out of or relating to the contents or use of the Site.
These Terms, as well as any written and signed agreements which you may have with Heartland, constitute the entire agreement between you and Heartland with respect to the Site and governs your use of the Site. The failure of Heartland to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any part of the Terms is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of the Terms shall continue 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 Site or these Terms 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 are for convenience only and have no legal or contractual effect. A printed version of the Terms shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.