Terms Of Service

Notice

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND ITS PAGES (COLLECTIVELY, THIS "SITE"), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME TO TIME AND POSTED ON THIS SITE BY Kelder BANK, N.A., ITS PARENT OR ANY AFFILIATE OR SUBSIDIARY (COLLECTIVELY, "Kelder"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DISCONTINUE YOUR ACCESS TO THIS SITE IMMEDIATELY

© 2023 Kelder Bank, N.A. All rights reserved.

The works of authorship contained in this Site, including, but not limited to, the text, design, software, images, graphics, sound, recordings, images, source code, and content are owned by Kelder. Certain screen layouts, graphics and graphic user interfaces contained in this Site that are not owned by Kelder are licensed to Kelder. Such works of authorship and licensed materials are protected by United States and International copyright laws and treaties, and may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, linked, transferred, sold, or otherwise used for public or commercial purposes without the express written consent of Kelder.

SUBMISSIONS

All information submitted to Kelder via this Site shall be deemed to be and remain the property of Kelder, and Kelder shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in such information. Kelder shall not be subject to any obligations of confidentiality regarding submitted information except as specially agreed or as otherwise required by law.

USE OF INFORMATION AND MATERIALS

This Site is provided for informational purposes only and is not offered as financial advice. The content in this Site, including the terms, conditions and descriptions herein are subject to change without prior notice and without liability to you. Unauthorized use of, or entry into, this Site, or the misuse of passwords or information contained within this Site, is strictly prohibited. Certain features of products and services described, such as interest rates, may differ among geographic locations. Not all products and services featured in this Site are available in all geographic areas. Your eligibility for particular products and services is subject to final acceptance by Kelder or the third party providers, as applicable. With regard to the information, products and services offered by this Site, no distribution or solicitation is made by Kelder to any person to use any information, products, services, or materials in a jurisdiction where such information, products, services, or materials is prohibited by law. Equity Finance Onlines the right to terminate any and all website offerings or transmissions without prior notice. Any communication on this Site does not alter or supersede any customer agreement you have with Kelder.

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.
  • Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Kelder.
LINKS TO OTHER SITES

In this Site, Kelder may establish links and pointers to Websites maintained and operated by third parties for you to access at your sole discretion. The establishment of any link in this Site does not imply an endorsement or recommendation by Kelder of any opinions, ideas, goods, products, information or services offered through such linked Websites. Your participation in any linked site, including payment for, and the delivery of, any goods, products or services, is based solely upon your relationship with the linked Website provider. Kelder has no control over such third party Websites and makes no warranties or representations as to any content in, or goods, products or services offered through, such third party Websites. You expressly agree that Kelder is not responsible for any losses or damages in connection with your access to, use of, or inability to use, such Websites, or the contents or goods, products or services offered through such Websites.

DISCLAIMER OF WARRANTIES

ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ITS CONTENTS, INCLUDING ALL TEXT, DESIGN, SOFTWARE, IMAGES, GRAPHICS, SOUND, RECORDINGS, IMAGES, SOURCE CODE AND LINKS OR OTHER ITEMS, IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT. FURTHER, NO WARRANTY IS MADE THAT THIS SITE SHALL BE UNINTERRUPTED OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL CODE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL Kelder BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, THE USE OR INABILITY TO USE, THIS SITE OR ANY PORITION THEREOF, OR ANY LINKED SITE, EVEN IF Kelder IS ADVISED OF THE POSSIBILITY OF DAMAGES, LOSSES OR LIABILITIES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Kelder FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Kelder and all of its respective directors, officers, employees, agents successors and assigns, from and against all losses, liabilities, damages, claims and expenses, including attorney's fees, arising out of, relating to, or resulting (directly or indirectly) from your violation of these Terms of Use or misuse of this Site, social media pages, or products or services provided via this Site.

Further, without limiting Kelder’s rights or your obligations under any other provision of these Terms of Service, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Kelder’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Kelder of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through this Site or Kelder’s systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Kelder customer account data.

ADDITIONAL TERMS

Certain pages of this Site may contain separate terms and conditions that are in addition to these Terms of Use. In the event of a conflict, such separate terms and conditions shall govern the products and services offered or provided in such pages.

COOKIE DISCLOSURE, NOTICE AND CONSENT

Kelder may use any number of tools to collect information about you, your computer access points, and the web browser that you use to connect to this Site. For example, cookies are tiny text files that we place on your computer’s hard drive when you visit this Site. We may use cookies to personalize your interactions with this Site. You do not have to accept our cookies and you may set your browser to restrict use and you may delete them after they have been placed on your hard drive. If you do not accept or delete our cookies, some areas of this Site may take more time to work, or may not function properly.

RIGHT TO MODIFY OR TERMINATE

Equity Finance Onlines the right to modify the products and services offered in this Site. Kelder also reserves the right to terminate your access to such products and services, or access to this Site, in whole or in part, at any time.

SEVERABILITY

In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

SOCIAL MEDIA TERMS OF USE

These terms of use, which include the guidelines for each social media community set forth below (collectively, these "Terms"), govern your access and use of the social media pages of Kelder Bank, N.A. ("Kelder", "we", "us" or "our"). By accessing or using our social media pages, you agree that you have read and understand these Terms and you agree to be legally bound by these Terms, our polices and those of third parties hosting our social media pages, and applicable laws and regulations. If you should not agree, then you should not access or use our social media pages. We reserve the right, in our sole discretion, to modify these Terms at any time. Modifications are effective as soon as they are posted. We also reserve the right to waive or modify any of these Terms as they apply to a specific posting or individual without affecting the application of these Terms to all other postings and individuals.

Kelder is not responsible for the views and/or comments expressed by users of Kelder profiles with Facebook, Instagram, Twitter, LinkedIn, YouTube and Google+ (Kelder social media platforms”), which are owned by third parties unaffiliated with Kelder. Kelder does not assume any warranty concerning the truthfulness, accuracy or updating of the information it contains. Kelder is not responsible for the privacy or security policies at these sites or other third party sites that may be linked to, from, or within them, and does not assume liability for damage incurred by the use of said sites.

Equity Finance Onlines the right to modify, suspend, cancel or restrict the content of these profiles, the links or the information obtained through it, without prior notice.

RIGHTS TO CONTENT

For any content that you submit to our Kelder social media platforms”, including, but not limited to, data, text messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons' names, likenesses, voices, screen names, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, you grant to Kelder and our successors and assigns, a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world, on an unrestricted basis for any purpose, without the requirement of any permission from or compensation to you.

COMMENT AND POSTING POLICY

We expect conversations to follow the rules of polite discourse and we ask that participants treat each other, as well as our employees, with respect. We may delete comments or posts that we deem to be:

  • Profane, obscene, inappropriate, disruptive or unrelated.
  • Indecent, sexually explicit or pornographic material of any kind - including masked profanity, where symbols, initials, intentional misspellings or other characters are used to suggest profane language.
  • Threats; personal attacks; abusive, defamatory, derogatory, or inflammatory language; or stalking or harassment of any individual, entity or organization.
  • Discriminatory comments that contain hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation or disability.
  • False, inaccurate, libelous or otherwise misleading in any way.
  • Spam, or containing or linking to any kind of virus, malware, spyware, or similar program that could cause harm to a user's computer.

For the benefit of healthy discussion, we ask that comments remain on topic. This means that comments should relate to the topic that is being discussed within that wall post. While we welcome reasonable critiques, we may delete negative comments about Kelder and/or our competitors that aren't relevant and don't add to the overall experience.

We may delete comments that we deem to be off topic, including solicitations. In addition, we may remove identical posts by the same user or multiple users (a group of people sending identical messages or one person submitting under different aliases). In the case of identical posts, we will generally leave the first submission and delete the duplicates.

COPYRIGHT AND INTELLECTUAL PROPERTY POLICIES

In addition to our Rights to Content, please note the following copyright and intellectual property policies:

  • Infringement on any party's copyright, patent, trademark, trade secret, intellectual property, or other proprietary rights, or right of publicity or privacy is strictly prohibited and is your sole responsibility.
  • By submitting any content to our social media pages, you warrant and represent that you are the copyright owner of the content or that the copyright owner of the content has granted you permission to use such content consistent with the manner and purpose of your use.
  • Using our social media pages to distribute unauthorized copies of copyrighted material, including photos, artwork, text, recordings, designs, computer programs or derivative works of such programs is strictly prohibited and subject to our removal.
LINKS TO THIRD-PARTY SITES

We may occasionally post links to third-party sites when we think you'll find the information helpful. However, please note that this does not in any way constitute an endorsement of the site or company and third parties have different privacy policies than Kelder, and you should review the third party's privacy policy before providing any information about yourself on that site.

PRIVACY

Please note that with respect to each social media platform with which Kelder engages, Kelder follows that platform's privacy policy with respect to content you submit to Kelder's social media pages and Kelder complies with, and expects you to comply with, that social media platform's terms of use or other governing agreements. The guidelines for each community set forth below contain links to the applicable privacy policies.