Terms Of Use

Welcome to the All In One Servicing (“All In One Servicing”) website, AIOSERVICING.COM (the “Site”), brought to you by Merchants Bank of Indiana (the “Bank”). By using the Site, you agree to be bound by the following Terms & Conditions of Use and agree to comply with, and that you are responsible therefor, any and all applicable laws and regulations (collectively, hereinafter referred to as “Terms of Use”). In addition, you agree to indemnify the Bank, its agents, affiliates and employees against any and all claims by third parties arising out of your use of the Site in violation of the Terms of Use. If you do not agree to the Terms of Use, you are not permitted to use this Site and should discontinue all access to the Site immediately.

Limited License

You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by the Bank or a third party who licensed to the Bank the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms of Use or with the prior written approval of the Bank. The Bank grants you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or obtaining the Bank’s services or products or the All In One Servicing. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:

THE BANK MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU THAT YOUR USE OF ANY MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY.

Restrictions on Use of Materials on the Website

All material on the Site, including all files, images, text, software, and data, are the property of the Bank. These materials are licensed to you for your personal, noncommercial use. You may download, print, or view these materials on your personal computer, provided you do not delete or change any of the information, including copyright and trademark notices. You may not modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on the Site without the Bank’s written permission.

Third Party Websites

All In One Servicing may provide links and pointers to Internet sites maintained by others (“Third Party Sites”). The Bank has not reviewed all of the Third Party Sites linked to the Site, does not control the content of such Third Party Sites, does not make any representations or warranties regarding the content, security, or any other aspect of such Third Party Sites, and is not responsible for the content of or any products or services offered in such Third Party Sites.

Submitted Information

If you submit any information to the Bank regarding the Site, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to the Bank free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by the Bank for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other manner. The Bank may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on the Site however, the Bank is not obligated to do so. You shall not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You are solely responsible for any material you submit to us. Through your usage of the Site, you may submit and/or the Bank may gather certain limited information about you and your website usage. The Bank is free to use such information for any purpose it deems appropriate, including marketing purposes.

User Registration

To obtain full access to the Site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these LTerms of Use. Transfer of the account by you to any other person or entity is prohibited.

Tools and Calculators

The Site may contain certain tools, such as calculators. These tools are provided as a convenience to you, for educational purposes only. The Bank does not represent, warranty, or guarantee the accuracy of the tools or the results. The Bank is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such tools.

Disclaimer and Limitation of Liability

ALL MATERIAL ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTS ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BANK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES “LINKED” TO THIS SITE. THE BANK MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE BANK OR ITS AGENTS, AFFILIATES, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR 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) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR 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 WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH THE BANK, THE SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

United States

All materials on this Site are provided solely for the purpose of promoting the Bank’s operations and products in the United States and its territories. The Bank makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws. All products and services are subject to change without notice.

Trademarks, Trade Names, and Service Marks

Unless otherwise indicated, all logos, names, and marks on the Site are trademarks or service marks owned or used under license by the Bank. The use or misuse of any of these marks or other information is strictly prohibited.

Electronic Transmission of Personal Information

Inherent in the use of the Internet and Internet related technologies is some risk of unauthorized exposure of information including personal information you supply. Your use of the Site and your entry of information is at your own risk and the Bank cannot accept responsibility and disclaims all liability for any damage or injury that you may incur or that may result from your use of the Site or the interception of data you provide. Although we take precautions to protect the information gathered or submitted on the Site, you should never send confidential information via e-mail. Internet-based e-mail is not generally protected or secure. Information submitted through the Site however, is protected via the same encryption process used to secure account information accessed via the Site. Please see the Security Section in the Bank’s Privacy Policy for more information. The Site should only be accessed directly by going to www.aioservicing.com and not through other websites or e-mail. The Bank does not contact customers via e-mail, phone or mail to request or verify security information about passwords or Personal Identification Numbers (PINs). Customers who contact the Bank in person will not be asked to share passwords and PINs, but employees may ask for information to verify identities and ensure customer privacy and protection.

Modification and Termination of the Terms of Use

The Bank may modify these Terms of Use at any time without notice to you. Your use of the Site after any modification will be deemed acceptance of the Terms of Use as modified. Further, the Bank may terminate these Terms of Use with respect to you, which may include removing your access,at any time, without notice to you, if the Bank believes, in its sole discretion, that you have breached or may breach the Terms of Use, or the Bank may terminate these Terms of Use, which may include ceasing the operation of the Site, at any time and for any reason with respect to any or all other customers. You may terminate these Terms of Use at any time by destroying all materials received from the Site and immediately ceasing to use the Site.

Governing Law

The Terms of Use shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. By using the Site you consent to jurisdiction in the State of Indiana. The Bank’s failure to strictly enforce any provision of these Terms of Use shall not constitute a waiver thereof. If any provision of these Terms Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to this subject matter.

Contact:

Any questions may be directed to: Merchants Bank of Indiana, Attention: All In One Servicing, 410 Monon Blvd., Carmel, Indiana 46032 © Copyright 2019 Merchants Bank of Indiana