Terms of Use

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. BY ACCESSING OUR WEBSITE OR SERVICES (DESCRIBED BELOW) YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR ONLINE PRIVACY POLICY. YOU MAY NOT ACCESS THIS WEBSITE OR THE SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.


These Terms govern your access to and use of our website, mobile applications and other online services (collectively, the “Services”) provided by Southern Bank or its legal affiliates (“Southern Bank”, “we” or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user. “You” and “your” refer to any person who accesses or uses the Services. Please see Sections 9, 10 and 11 below regarding your legal rights in any dispute involving our Services, these Terms or our Online Privacy Policy.


We may revise and update these Terms from time to time in our sole discretion. Where appropriate, we may seek to provide advance notice before updated Terms become effective. You agree that we may notify you of updated Terms by posting them on the Services (such as the website), and you can check the posted Terms periodically to be made aware of any changes. By continuing to access or use the Services after the date of any change to these Terms, you agree to be bound by the updated posted version. We reserve the right to modify or terminate the Services or to terminate your access to the Services, in whole or in part, at any time.


By using the Services, you represent and warrant that you are of legal age to form a binding contract with Southern Bank and meet all the eligibility requirements in these terms. The Services are intended only for individuals who are at least 13 years old.


1. PROHIBITED USES

Unauthorized use of our Services and systems is strictly prohibited, including but not limited to unauthorized entry into such systems, misuse of passwords, posting objectionable or offensive content, unauthorized use of legally protected third party content, or misuse of any information posted to a site.

You agree not to use or access any of the Services:

  • In any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any intellectual property laws or export restriction laws);
  • From any country under sanctions by the Office of Foreign Assets Control (OFAC). Information about countries under sanctions is available on the U.S. Department of the Treasury website. Any attempt to access the Services from one of these countries may result in your access being restricted and/or terminated;
  • To create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
  • To impersonate, attempt to impersonate, or falsely imply that you are associated with us, one of our employees, our URL or domain name, another customer or user, or any other person or entity;
  • In a manner that could disable, alter, overburden, damage, or impair the Services, or could restrict or interfere with any other party’s use, which, as determined by us, may harm us or users of the Services, or expose us or them to liability—this includes but is not limited to transmitting any worm, virus, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature; and
  • To circumvent or disable any content protection system or digital rights management technology used with any of the Services; decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form; remove identification, or other proprietary notices; or access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

2. YOUR RESPONSIBILITIES


You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, user credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of an employer or client, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information or other content that you provide to us upon registration and at all other times through the Services will comply with these Terms and be true, accurate, current and complete—and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secret and secure.


3. SERVICES CONTENT


  • The information provided on or through the Services is for informational purposes only and Southern Bank does not warrant its completeness, timeliness or accuracy. We may update the information and other content in our Services from time to time, but it will not necessarily be complete or up-to-date at all times, and we are under no obligation to update it. Any dated information is published as of its date only.
  • The Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Southern Bank may place such advertising and promotions through the Services. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. We may not always identify paid services, sponsored content, or commercial communications as such.
  • While we intend for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  • We may remove any content from the Services for any reason, without prior notice.

Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.


4. INTELLECTUAL PROPERTY RIGHTS


  • The content, features and functionality of the Services are owned, controlled, or licensed by us, and are protected by United States and international copyrights, trademarks, and other intellectual property laws and proprietary rights. This includes names, logos, text, images, audio/visual works, icons and scripts used by the Services (“Our Content”).
  • You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Our Content and you will not copy, reverse engineer, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Our Content without our prior written permission.
  • You may download software or source code from our Services (such as the website or a mobile app) as we purposely make it available to you for normal use, subject to these Terms. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Services.

5. INTERACTIVE SERVICES


At any time and in connection with any Services, Southern Bank may at its sole discretion make interactive online chat or other online communication services available to you. We make no warranty that such services will be available at any particular time or be free of fault or error. The interactive services are provided as a convenience to facilitate your understanding of our products, services, and online applications. Our interactive service agents will try to provide you with accurate and current information based on your question or need. Nothing we communicate through such interactive services will be considered a legal agreement, representation, or warranty as to our products, services, processes, decisions, or response times. Providing or participating in interactive services does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents.


6. LINKS ON OUR SERVICES


Our Services contain links to other sites and resources provided by third parties for your convenience only. This may include advertisements or sponsored links. We do not control the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the thirdparty websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Southern Bank makes no warranties, either express or implied, concerning the content of such third-party websites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such sites or content are free from any viruses, claims of copyright, trademark or other infringement of the rights of third parties.


7. REPORTING COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS


Southern Bank respects the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report any issues or allegations of infringement, please contact Southern Bank at the content information provided below.


8. GEOGRAPHIC RESTRICTIONS


Southern Bank is based in the United States and provides its Services for use to persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.


9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Southern Bank, we can terminate your access to all or part of the Services.


TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SOUTHERN BANK OFFERS THE SERVICES ON AN “AS IS,” “AS AVAILABLE,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY— INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION. YOU ACKNOWLEDGE THAT SOUTHERN BANK, ITS DIRECT OR INDIRECT SUBSIDIARIES, AND ANY OF THEIR THIRD PARTY DATA PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SOUTHERN BANK’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES.


SOUTHERN BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.


SOUTHERN BANK EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION PROVIDED BY THE SERVICES.


IN NO EVENT WILL SOUTHERN BANK, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE SOUTHERN BANK PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH TO ACCESS TO OR USE (OR INABILITY TO USE) OF THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE SOUTHERNBANK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


10. INDEMNIFICATION


You agree to indemnify and hold harmless the Southern Bank Parties from and against any and all losses, liabilities, claims expenses, damages, and costs, including without limitation reasonable attorneys’ fees, arising out of, relating to, or resulting, whether directly or indirectly, from your violation of these Terms or misuse of the Services, including such violation or misuses conducted by your agent. You also agree to indemnify and hold harmless the Southern Bank Parties from and against any and all claims brought by third parties arising out of your violation of these Terms or misuse of the Services.


11. ENFORCEABILITY and GOVERNING LAW


In the event any of the terms or provisions of these Terms 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.


Should any dispute or controversy arise out of or relating to these Terms, the Online Privacy Policy or the Services, it shall be subject to the jurisdiction and venue of State and Federal Courts in the State of Missouri, and shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.


WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SOUTHERN BANK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Southern Bank agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.


12. YOUR COMMENTS AND CONCERNS


Please direct questions or concerns regarding these Terms or the Services to Southern Bank at ebanking@bankwithsouthern.com , by phone at 1.855.455.7272 or by mail to: Attn: Digital Banking PO Box 520, Poplar Bluff, MO 63902.


The effective date of these Terms is May 4, 2023.