PLEASE READ TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this web site, you signify your agreement to the following Terms of Use. If you do not agree to Terms of Use, please do not use the site.
ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER.
Terms of Use contain a binding arbitration agreement and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Ownership; Copyright and Trademark Notices
First Midwest Bank ("First Midwest Bank," "we," "us" and "our") owns and operates this site. All information, text, graphics, software, and other content that make up this site ("Materials") are the property of First Midwest Bank or its licensors. Copyright © 2001-2020 First Midwest Bank. All rights reserved.
No Materials from this site may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way, except that you may download one copy of the Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of Terms of Use and First Midwest Bank's or its licensor's copyright and other proprietary rights. Use of any such Material on any other Web site or networked computer environment is prohibited. You may cite or refer to the URL (Uniform Resource Locator) of this site without limitation.
All trademarks, service marks, and trade names appearing in this site are the property of their respective owners.
Any rights not expressly granted in Terms of Use are reserved.
Third Party Products and Services, Sites; Links
The site may refer to products and services from various independent third parties ("Third-Party Products and Services"). The site may contain links to Web sites operated by parties other than First Midwest Bank. First Midwest Bank provides this information and these links for your reference and convenience only. By including Third-Party Products and Services and links to third-party Web sites, First Midwest Bank does not imply any endorsement, recommendation, or guarantee of such Third-Party Products and Services, Web sites or their contents, or any association with such third parties. First Midwest Bank has no authority or control over, and is not responsible for, the operation, performance, availability, content, or other aspects of any Third-Party Products and Services or Web sites or the Internet. First Midwest Bank is not liable for any failure of products or services advertised on third-party web sites. Be advised that third-party web sites may also provide less security than www.firstmidwest.com.
Changes
First Midwest Bank reserves the right to modify, suspend, or discontinue any portion of the site, Materials, or services at any time, with or without notice. First Midwest Bank reserves the right to modify any part of Terms of Use at any time. Any modifications shall be effective upon posting to the site. You agree to review Terms of Use periodically so that you are aware of any such modifications. Your continued use of the site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If at any time the Terms of Use are not acceptable to you, you should immediately cease use of the site. You agree that the above-stated standard for notice of modifications is reasonable.
DISCLAIMER
THE SITE, THE MATERIALS IT CONTAINS, AND ANY FIRST MIDWEST BANK PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FIRST MIDWEST BANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FIRST MIDWEST BANK DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FIRST MIDWEST BANK) ASSUME THE ENTIRE COST OF ALL-NECESSARY SERVICING, REPAIR, OR CORRECTION. FIRST MIDWEST BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE, MATERIALS, PRODUCTS OR SERVICES; (2) YOUR USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEB SITE YOU MAY ACCESS THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL FIRST MIDWEST BANK, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR FAILURE OF PERFORMANCE; LOSS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR RECORDS OR INFORMATION; LOSS OF GOODWILL; LOSS OF DATA; USE OF OR RELIANCE ON THE CONTENT OR THE SERVICE; DAMAGES ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT; STOPPAGE OF OTHER WORK; OR IMPAIRMENT OF OTHER ASSETS) ARISING OUT OF OR RELATED TO THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THIS SITE, THE MATERIALS, PRODUCTS AND SERVICES IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES REGARDLESS OF LEGAL THEORY, EVEN IF FIRST MIDWEST BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold harmless First Midwest Bank, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the site, any Materials it contains, any products or services provided by First Midwest Bank; any Third-Party Products or Services; your failure to comply with Terms of Use; your infringement, violation, or misappropriation of any third-party rights or any applicable law or regulation.
ARBITRATION / DISPUTE RESOLUTION
Arbitration
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES ARISING OUT OF, RELATED TO, OR CONNECTED WITH TERMS OF USE, YOUR USE OF THE WEBSITES UPON WHICH THIS TERMS OF USE APPEARS AND/OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of Terms of Use including, but not limited to, any claim that all or any part of Terms of Use is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with Terms of Use.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in the State of Illinois, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within the State of Illinois for the purpose of litigating such claims or disputes.
Waiver of Right to Jury; Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Jurisdiction
Any offer for any travel programs, services, or products made in the Materials is void where prohibited. This site is controlled and operated by First Midwest Bank from its offices within the State of Illinois, United States of America. First Midwest Bank makes no representation that Materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance.
Severability
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
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