WEBSITE TERMS OF USE

1. Acceptance of Terms.

By accessing the First Merchants Bank (“First Merchants”) Website, you agree to be bound by these terms and conditions. We may revise these terms and conditions without notice to you. If you do not agree with them, do not access this Website.

2. Use of Information.

a. By User:

The information and materials contained on the Website are intended solely for the personal use of Website users. You may not copy (other than for personal use), modify, distribute, transmit, display, reproduce, transfer, resell or republish any of the contents of this Website without the prior written consent of First Merchants, which may be withheld in its sole discretion.

b. By First Merchants Bank:

First Merchants will only use information you provide for lawful business purposes. First Merchants will treat as confidential and not use, collect or retain any personal or proprietary information you provide via the Website unless First Merchants has a legitimate business purpose, or is required by law or regulation, to do so. The First Merchants Privacy Notice provides more information on the protection of your account and certain other information. You acknowledge and agree that First Merchants has no obligation, but reserves the right, to monitor the Website, including any and all information transmitted or received through the Website, from time to time for operational and other purposes, subject to the Privacy Notice. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Privacy Notice. First Merchants 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 First Merchants’ sole and absolute discretion are objectionable or violate these terms, or any law or regulation. Your use of the Website constitutes your consent to such monitoring, use and disclosure.

c. Cookies:

First Merchants may use cookies, web beacons or other technologies to make your online experience with our Website more personal and consistent. As a matter of security, we do not embed your personal information, including Social Security numbers or passwords, in our cookies. Cookies are required for all First Merchants websites providing digital services. You can set your browser to reject cookies, but disabling session cookies will prevent you from banking online with First Merchants. Accordingly, your use of the Website constitutes your consent to the Bank monitoring, tracking, and recording your areas of interest and your interaction with the Website through the use of cookies.

3. User Conduct:

a. You agree to implement appropriate security, including without limitation, network and local firewalls, up-to-date virus protection and security patches for any operating system and application software you use in your computer systems and user identification and password controls to safeguard the internal control and confidentiality of forms, access methods, codes, data, user IDs, and passwords that First Merchants may establish from time to time. You agree that all such forms, access methods, codes, data, user IDs, and passwords are commercially reasonable security measures to prevent unauthorized use of the Website and services, and you will keep these secured and confidential.

b. You agree not to take any action that: interferes with the proper working of the Website, imposes an unreasonable or disproportionately large load on the Website’s infrastructure, might compromise the security of the Website, renders the Website or any service inaccessible to others, or otherwise causes damage to the Website or its content.

c. You agree that you will not use the Website or any information or services related thereto for any unlawful purpose, including, but not limited to, unauthorized entry into First Merchants’ systems, misuse of passwords, or misuse of any information posted on the Website. First Merchants, in its sole discretion, shall determine whether any use violates this provision.

d. Prohibited Uses: We reserve the right to suspend or terminate your use of the Service if we believe, in our sole discretion, that you are using the Service for other purposes, or if we believe you are using the Service in a manner that exposes First Merchants Bank to liability, reputational harm or brand damage, including but not limited to using the Service to request, send or receive money related to illegal or brand-damaging activities, to be determined in our sole discretion.

4. Availability of Products and Services

The products or services described on the Website may not be available in all geographical areas. In addition, you may not be eligible for all the products and services described on the Website. By offering information, products or services via the Website, no solicitation is made by First Merchants to any person to use such information, products or services in jurisdictions where the provision of such products or services is prohibited by law.

5. Copyright and Trademarks

a. All content, web pages and screen displays of this Website (“Content”) including, but not limited to, the text, design, layout, images, video, animation, graphics, and source code, is the property of First Merchants, unless otherwise indicated, and is protected by U. S. copyright laws and international treaties.

b. You are authorized to view the Content for your informational purposes only and may print or download copyrighted materials for your personal or internal business purposes only, provided that any proprietary rights notices and any other marks, logos or other legends that appear on the copied or saved screens are not removed. You do not acquire any ownership rights by downloading copyrighted Content

c. You may not copy, download, display, distribute, transfer, sell, license, frame, create derivative works of or republish all or any portion of the Website for any commercial or public purpose unless you first obtain prior written consent from First Merchants. First Merchants Bank and its logo (“Shield”) are federally registered trademarks or service marks of First Merchants Corporation or its affiliates. First Merchants Corporation and its affiliates also claim rights in certain other trademarks and service marks contained in this Website.

d. Any unauthorized use of the logos, trademarks, or service marks of First Merchants Corporation or its affiliates inconsistent with First Merchants Corporation’s intellectual property rights or these terms, including use in any manner that is likely to cause confusion among clients and customers, is strictly prohibited.

e. This site may also contain logos, trademarks and service marks of third parties. You are not authorized to use such logos or marks without the third party’s consent.

6. Links to Other Websites

a. Links to non-First Merchants websites are provided for informational purposes only. First Merchants has no control over the content on such non-First Merchants websites. If you choose to visit a website not controlled by First Merchants, First Merchants makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does First Merchants warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.

b. First Merchants does not guarantee the authenticity of documents on the Internet. Links to non-First Merchants sites 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 on such sites.

7. Disclaimer and Limitation of Liability

FIRST MERCHANTS BANK PROVIDES THIS WEBSITE ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. FIRST MERCHANTS BANK MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, AS TO THE OPERATION OF, AND INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES, INCLUDED ON OR USEABLE THROUGH OR BY MEANS OF, THIS WEBSITE. FIRST MERCHANTS IS NOT LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM 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 WEBSITE IS AT YOUR SOLE RISK.

8. Enforceability; Governing Law; and Venue

Except as otherwise expressly provided in the contract documents with regard to specific products or services, you specifically agree that these terms and conditions and your use of the Website shall be governed by the laws of the State of Indiana, without regard to the conflict of laws thereof, and to the laws of the United States. You further agree that disputes arising from the use of the Website shall be exclusively subject to the jurisdiction of the courts of the State of Indiana and the federal courts situated in the State of Indiana.

FMB – Website Terms of Use V1.0 02/15/2024