PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS THEY MAY BE MODIFIED FROM TIME TO TIME. THESE TERMS OF USE GOVERN ONLY THE USE OF THIS WEBSITE. THE TERMS APPLICABLE TO YOUR ACCOUNT ARE SET FORTH IN YOUR ACCOUNT AGREEMENT.
THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
These Website Terms of Use (the “Terms of Use”) apply to this website (“Website”) operated by Mercury Financial LLC (collectively, “Mercury Financial”, “we”, “us”, or “our”). Mercury Financial also operates this Website on behalf of First Bank & Trust, Brookings, SD (“FB&T”). This Website is the property of Mercury Financial. Mercury Financial is a service provider to FB&T. By using this Website, you agree to these Terms of Use. You should print a copy of these Terms of Use for your records.
Unauthorized use of or entry into the Website and our systems, including but not limited to misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that we may disclose and transfer any information that you provide through this Website or through other communication with us: (i) to FB&T and its affiliates, agents, service providers, or information providers for accounts provided by FB&T; (ii) to our affiliates, agents, service providers, or information providers; (iii) to any other person or entity with your consent or as provided in the Privacy Notice; or (iv) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate (including to countries outside the United States), and by using and providing information through this Website you agree to such transfers.
Consent to Tracking Technologies
Notices
You consent to the use of tracking technologies on the Website to
collect and record your real-time activities and movements across Website throughout your browsing session, including to track button clicks, mouse movements, scrolling,
resizing, touches, keystrokes, data entered, device information and orientation, browser visual elements, and screen size (“Session Data”), for purposes of our own
internal analytics and improving our products, services, and user experience. You also consent to our sharing of your Session Data with our service providers,
which may change from time-to-time, for these purposes. Please review our Privacy and Security Policy for more information about our collection, use,
and sharing of Session Data.
Your use of this Website signifies your agreement to the Privacy Notice, which is incorporated herein by reference and which may change from time to time.
Changes
to these Terms of Use and the Website
We
may change, add to, or delete aspects of these Terms of Use from time
to time. Such changes will not impose additional obligations on
you with respect to actions you took before the change became
effective unless you specifically agree to such changes. If these
Terms of Use are materially changed, we will give notice to you by
posting an updated version of these Terms of Use on this Website.
Please check our Website periodically for updates. Every time you use
the Website, you are agreeing to the then-current Terms of Use and
Privacy and Security Policy. In addition, we may modify or discontinue any part
of the Website or offer opportunities to some or all Website users.
Any purported amendment to these Terms of Use by you must be agreed
to by us in writing.
To be eligible to use this Website, you must be at least 18 years old and a resident of the United States (excluding overseas territories). You represent and warrant that you meet these requirements.
Copyright
Notices
The
works of authorship contained in the Website, including but not
limited to all design, text, sound or video recordings and images,
are owned, except as otherwise expressly stated, by us. Except as
otherwise expressly stated herein, they may not be copied,
transmitted, displayed, performed, distributed (for compensation or
otherwise), licensed, altered, framed, stored for subsequent use or
otherwise used in whole or in part in any manner without our prior
written consent, except to the extent permitted by applicable law,
and then, only with notices of our proprietary rights.
Notwithstanding the foregoing, you may download information and
print out hard copies for your personal use, so long as you do not
remove any copyright or other notices.
Trademark
Notices
“Mercury” and the Mercury logo are registered trademarks of Mercury Financial LLC.
Web
Content and Materials
The
information on this Website is for information purposes only. We
believe it is reliable and truthful, but we do not warrant its
completeness, timeliness or accuracy. The information and materials
contained in this Website, and the terms of their access and, are
subject to change without notice or as provided in these Terms of
Use. 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. For a complete disclosure of the terms and
conditions of the accounts and other financial services provided
through this Website, please refer to the terms and conditions
associated with each such account or service, which will be provided
to you at the time you are approved for an account or other service.
You agree that: (i) you will not engage in any activities related to the Website contrary to applicable law, regulation or the terms of any agreements you may have with us; or any related service provider, which includes, without limitation, FB&T for accounts provided by FB&T (ii) in circumstances where locations of the Website require identification, you will establish and use commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals; (iii) you will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with, or slow the proper working of this Website or to surreptitiously intercept or expropriate any system, data or personal information from this Website; and (iv) you will not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique. You are responsible for the technology required to access the Website, including all communication lines, hardware, software (including without limitation maintenance and use of the most current and secure version of the applicable browser), and Internet access.
WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO YOU OR ANY OTHER PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Potential
Disruption of Service
Access
to the Website and the financial services we provide through it 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 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 our control.
Links
to Other Sites
Links
on this Website to other third-party websites are provided solely as
pointers to information on topics that may be useful, and we have no
control over the content on such third party websites. If you choose
to access or use a link to a third party website not controlled by
us, we make no warranties, either express or implied, concerning such
website and associated content, including the accuracy, completeness,
reliability or suitability thereof for any particular purpose,
non-infringement of copyright, trademark or other rights of third
parties, or freedom from viruses or other contamination. We do not
guarantee the authenticity of documents on the Internet. Links we may
maintain to third party websites 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 websites. Each such third party website may have a
different privacy policy, terms of use, and level of security than
our website.
LIMITATION
OF LIABILITY
BECAUSE
OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AND OTHER FACTORS,
THIS WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON
THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE
AND OUR THIRD-PARTY DATA PROVIDERS PROVIDE NO WARRANTIES AND
REPRESENTATIONS REGARDING THE WEBSITE, AND DISCLAIM ALL WARRANTIES
AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, 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. WE WILL NOT BE LIABLE FOR ANY DELAY,
DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES,
MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE
INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER
OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY
THE USER DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO THE USER IS
IMPLIED IN THESE DISCLAIMERS. WE AND OUR THIRD PARTY DATA PROVIDERS
DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE
INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY
DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND
INFORMATION. FURTHERMORE, WE AND OUR AFFILIATES WILL NOT BE LIABLE
FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE,
OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE
WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE
ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE
TO CAUSES BEYOND OUR AND OUR AFFILIATES' CONTROL. NO LICENSE TO THE
USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE
CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND
OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAW GOVERNING
THE FINANCIAL SERVICES WE PROVIDE. UNDER NO CIRCUMSTANCES WILL WE 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 WEBSITE OR ANY
PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE 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.
Enforceability
and Governing Law
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. 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. These Terms of Use shall be subject to any other agreements you have entered into with us. Your access to and use of the Website, and these Terms of Use, are governed by the laws of the State of South Dakota without giving effect to its conflict of laws provisions, and by the applicable laws of the United States. YOU AGREE THAT ANY ACTION BROUGHT BY YOU, AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING TO THESE TERMS AND USE OR THIS WEBSITE SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN BROOKINGS, SOUTH DAKOTA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY ACTION BROUGHT BY EITHER OF US IN SUCH COURTS. If for any reason a claim proceeds in court, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.
This Website is controlled, operated, and administered from offices within the United States of America. We make no representation that materials on this Website are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.
Contacting
Us
If
you choose to send us an email message, we may retain the content of
the email, your email address, and our response in order to service
your needs.
We or a third party acting on our behalf may use the data that you provide to send you email offers that may be of special interest to you. If you unsubscribe from these email messages, you will not receive these messages from us via email.
Please note that some of our services, including the Website, require a valid email address in order to register and/or continue use of the service. You will receive email alerts or notification messages from these programs unless you un-enroll from these services.
Last Updated: June 24, 2021.