Privacy Policy & Terms

EFFECTIVE DATE:  JULY 1, 2024

Terms Of Use

These Terms of Use (these “Terms”) govern your access to use of the websites, mobile applications, and other online interfaces or platforms (each a “Site” and collectively the “Sites”) that are owned, operated or controlled by Signature Bancorporation, Inc. (“Signature”), its affiliated companies and/or contractors and service providers engaged by Signature to support its business activities, as the context may require (collectively, “Signature”, “we”, “us” or “our”).  The terms “user”, “you”, “your” and “yours” refer to any person who accesses or uses a Site.

AS A CONDITION TO USING THE SITES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE USING AND ACCESSING THE SITE.  SIGNATURE PROVIDES CERTAIN SERVICES PURSUANT TO OTHER TERMS AND CONDITIONS OR AGREEMENTS WITH ITS CUSTOMERS, AND TO THE EXTENT YOU USE SUCH SERVICES OR PRODUCTS YOU ALSO SHALL BE OBLIGATED TO ABIDE BY SUCH OTHER TERMS AND CONDITIONS OR AGREEMENTS

WE MAY MODIFY THESE TERMS AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.  YOU SHOULD PERIODICALLY REVIEW THESE TERMS CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS FOR THE USE OF THE SITES.  ANY USE OR VIEWING OF THE SITE BY YOU AFTER ANY CHANGE TO THESE TERMS, WHETHER OR NOT YOU HAVE REVIEWED NOTICE OF ANY AMENDMENT TO THESE TERMS, CONSTITUTES YOUR ACCEPTANCE OF THE AMENDED TERMS.

General Terms and Conditions

1. If you have an account or plan to open an account with Signature, you agree to provide Signature with current, complete, and accurate information about you as prompted by the applicable registration process. You further agree to regularly update this information to maintain its completeness and accuracy. You agree to use the Sites to access only those accounts for which you are authorized to act and to use your own credentials when accessing accounts for which you are authorized to act. You are solely responsible for all activities that occur in connection with your credentials. If you become aware of any suspicious or unauthorized conduct concerning your accounts or credentials, you agree to contact Signature immediately. You are responsible for protecting the security of any credentials you use in connection with the Sites and the security and integrity of any materials you download from the Sites.
2. You agree not to use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, obscene, or that infringes the rights of others.  You also agree that your use of the Site is personal to you and that you will not resell or assign use of the Site or make any unauthorized commercial use of the Site. You agree that we may display advertisements and promotions of all kinds on the Site. You agree not to use or attempt to use the Site or any part of the Site in any way or for any purpose that (i) attempts to probe, scan or test the vulnerability of any services, systems, networks, servers or accounts related to the Site, (ii) attempts to gain unauthorized access to materials, services, systems, networks, servers or accounts connected or associated with the Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of the Site, (iii) attempts to redeliver, reproduce, or circumvent any page, text, image or materials on the Site, (iv) transmits any harmful or disabling computer codes or viruses, (v) interferes with our network services, (vi) interferes with or induces a breach of the contractual relationships between Signature and its customers or service providers, (vii) dilutes or depreciates the name and reputation of Signature or any of its affiliates, (viii) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing or otherwise objectionable content or images or (ix) otherwise interferes with the Sites’ functionality.
3. With respect to your account and your online conduct, you agree to comply with all laws, rules, codes and regulations of the United States, including, without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes pertaining to tax, contracts, Intellectual Property (defined herein), securities, e-commerce, banking, technology, computers, fraud, data security, and privacy. 
4. Not all products and services described in or provided through the Site are available in all geographic areas, and the terms of certain products and services may vary from geographic area to area.  You may not qualify for certain products and services, and we reserve the right to determine eligibility for any product or service.  Products and services described, as well as fees, charges, terms and conditions relating to such products and services, are subject to change without notice.  No information on the Site is intended as a legal offer or solicitation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. Signature is not acting as an advisor or fiduciary in publishing any information on the Site. The Sites are not intended to provide legal, tax, investment, or insurance advice. You are solely responsible for determining whether any investment, investment strategy, security, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult a qualified advisor in the event you should need legal, tax, or accounting advice with respect to any specific circumstances. The Site and/or any products, services, or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state, or country where such distribution, availability or use would violate applicable law.
5. Securities, insurance products, and annuities (i) are not bank deposits or other obligations of, or guaranteed by, Signature, or any of its affiliates and (ii) are not insured by the Federal Deposit Insurance Corporation, also known as the FDIC, or any other agency of the United States, or by Signature or any of its affiliates. There is investment risk associated with securities and certain insurance products and annuities, including the possible loss of value and/or principal.
6. Signature may not condition an extension of credit or the provision of other services on either (i) the purchase of an insurance product through Signature or any of its affiliates or (ii) an agreement not to obtain, or a prohibition on obtaining, an insurance product from an entity not affiliated with Signature.

Intellectual Property Rights and Confidentiality Obligations

For purposes of these Terms, “Intellectual Property” means all trade secrets, patents and patent applications, trademarks (whether registered or unregistered and including any goodwill acquired in such trademarks), service marks, trade names, copyrights, moral rights, database rights, design rights, rights in know-how, rights in confidential information, rights in inventions (whether patentable or not) and all other intellectual property and proprietary rights (whether registered or unregistered, any application for the foregoing, and all rights to enforce the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world. You acknowledge and agree that Signature, our licensors, and/or our service providers own all rights to the Site and Intellectual Property (collectively, the “Site Property”). You are authorized to access, view and use the Site Property only for your own informational, noncommercial purposes, or as otherwise expressly permitted pursuant to the provisions of these Terms or pursuant to the express terms of use regarding any specific product or service available through the Site. Unless otherwise expressly authorized by us, you may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit or create derivative works from any Site Property in any form. you further agree not to reverse engineer or reverse compile any of our technology associated with the Site Property. You acknowledge that, except as expressly provided in these Terms, we have granted you no license or rights whatsoever in or to any Site Property and we and/or our licensors and service providers retain all rights therein. Signature reserves all rights not expressly granted in these Terms.

Privacy and Data Collection
Your individual access and use of the Site may be monitored and recorded for Signature’s internal business purposes, without liability. You acknowledge and agree that when you submit any information to us through the Site you are submitting such information to Signature and all of its affiliates, collectively, and that such information may be disclosed and transferred among such companies and their respective agents and service providers, subject to the provisions of applicable law. Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through the Site, or at any email address we have provided at the Site, will be treated as being nonconfidential and nonproprietary as to you, and we will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt.  WHEN YOU USE THE SITE OR SUBMIT INFORMATION VIA THE SITES, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THESE TERMS AND SIGNATURE’S PRIVACY POLICY AND COOKIES POLICY, EACH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

User Data
The information you make available through your use of the Site is referred to as “User Data.” In connection with any User Data furnished by user or acquired by Signature in the course of your use of the Site, you agree that Signature has the right to (i) use such User Data in order to provide services, (ii) to aggregate such User Data with other data in Signature’s possession and (iii) to use such User Data for Signature’s own business purposes, including for purposes of providing and improving services that Signature offers to users.

Data Provided by You
You hereby represent, warrant and covenant to Signature that (i) you are the sole and exclusive owner of the User Data and/or otherwise have the right to provide the User Data to Signature and grant Signature the rights provided herein with respect thereto, that (ii) the provision of such User Data does not violate any agreement to which you are bound, and that (iii) any User Data you provide to Signature: (a) is not false, inaccurate or misleading; (b) does not contain any malware, viruses, Trojan horses, worms, or other automatic devices that are intended to damage, detrimentally interfere with or intercept any data or information from the Site; and (c) does not infringe or misappropriate any third party’s Intellectual Property, publicity, privacy, confidentiality or other proprietary rights.

Additional Terms and Conditions for Different Products, Features and Services
Different products, features and services available on the Site, and/or different pages or sections of the Site, may be subject to separate terms and conditions in addition to these Terms.  In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding product, feature, service, page or section.  These Terms are not intended to affect or amend any agreement or contract between you and Signature for the provision of a particular financial product or service, and our relationship with you as to such financial product or service shall be governed by the written terms of the agreement or contract contemplating such financial product or service.  If you should link to or access a separate website, you should review and will be subject to any terms and conditions applicable to the use of that website.

Links to Third-Party Websites
Any links from a Site to any website that is not owned, operated, controlled or maintained by us (a “Third-Party Site”) are provided strictly for convenience.  If you click a link for a Third-Party Site, you will leave such Site and enter an external website owned, operated, controlled, and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition.  We (i) do not control nor are we responsible for the content, products and/or services provided by any Third-Party Site, (ii) do not endorse or guarantee the products, information or recommendations provided by any Third-Party Site, and (iii) are not liable for any failure of the products or services advertised on or provided by any Third-Party Site.  The privacy and information-sharing and security policies and procedures of Third-Party Sites are distinct from those of Signature, and a Third-Party Site may not provide the same level of security as the Site.

Disclaimers, Waiver and Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE MAKE NO REPRESENTATION OR WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND/OR (V) ANY ERRORS WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES, CLAIMS OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OF OR THE INABILITY TO USE THE SITE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING THE SITE, (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS OR LINE OR SYSTEM FAILURE AND/OR (VI) ANY OTHER MATTER RELATING TO THE SITE OR YOUR USE THEREOF.

You are responsible for obtaining and maintaining all services, software, and equipment necessary for you to access and use the Site. Signature is not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your equipment, software or services, nor are we responsible or liable to you for any virus, service malfunction, equipment failure or related problems that may be associated with the use of an online system.  SIGNATURE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR EQUIPMENT, SOFTWARE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
You shall defend, indemnify and hold harmless Signature and its affiliates, and their respective officers, directors, employees, agents, successors and assigns (each an “Indemnified Party”), from and against any and all actual or pending claims, losses, damages, costs, fines, expenses or other liabilities, including reasonable attorneys’ fees and expenses, including those incurred in any dispute between the parties in any enforcement of this provision (collectively, “Losses”) arising out of any third-party claim relating to or based upon: (a) actual or alleged injury or illness to any person (including death) or damage to property to the extent caused in whole or in part by you; (b) infringement, misappropriation or other violation of any third party’s Intellectual Property or proprietary rights, rights to privacy or rights to publicity arising from or relating to User Data or any use of the Site (including any software or content); (c) non-fulfillment or breach by you of any agreement or obligation under these Terms; (d) the inaccuracy or breach of any representation, warranty or covenant made by you in these Terms; or (e) your violation of law or willful misconduct. The Indemnified Party shall have the right to participate in the defense of any Losses and to employ counsel, at its own expense, separate from the counsel employed by you. The Indemnified Party will reasonably cooperate (at your expense) in the defense and shall have the right to approve any proposed settlement or compromise. Notwithstanding anything herein to the contrary, you shall not consent to, and no Indemnified Party shall be required to approve, any settlement, compromise or judgment that (x) you do not fully pay for, (y) provides for injunctive or other non-monetary relief affecting any other Indemnified Party or includes any statement or implication of any wrongful or improper act or omission by any Indemnified Party and (z) does not include an unconditional release from all liability of each Indemnified Party with respect to such Losses by each third party that has claimed, or has a right to make a claim for, or with respect to any Losses.

Changes to the Site
Signature may modify, suspend, restrict or discontinue the operation, maintenance or provision of the Site, any pages thereof and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party. Any rights granted to you herein shall terminate immediately should you violate any provision of these Terms. Signature, in its sole discretion, reserves the right to terminate your access to and use of the Site at any time and for any reason whatsoever without notice. Signature will not be liable to you for any termination of your access to or use of the Site.  YOUR CONTINUED USE OF THE SITE (INCLUDING ANY SOFTWARE OR CONTENT) CONSTITUTES YOUR CONSENT TO, AND AGREEMENT TO BE BOUND BY, ANY CHANGES TO THE SITE, CONTENT AND SOFTWARE OR THESE TERMS.

Complete Agreement
These Terms, together with the Privacy Notice and Cookies Policy, constitutes the entire agreement between you and Signature relating to you use of, and access to, the Site and supersedes any prior or contemporaneous agreements or representations. These Terms may not be amended except as set forth herein. These Terms do not modify, revise, or amend the terms of any other agreements you may have with Signature. Except as otherwise provided herein, no changes may be made to these Terms unless approved in a writing signed by Signature.

Binding Effect; Assignment
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.  These Terms may not be assigned by you without the prior written consent of Signature.  Any attempt to assign these Terms in violation of these Terms shall be null and void.

Force Majeure
Signature shall not be liable for any failure or delay in the performance or fulfillment of any of its duties or obligations hereunder, directly or indirectly resulting from any cause or circumstance beyond its control, including acts of nature, applicable laws,  regulations, orders or restrictions, war, war-like conditions, hostilities, terrorism or civil insurrection, mobilization, blockade, embargo or other transportation delay, detention, revolution, riot, looting, strike, lockout or other labor dispute, shortage of labor, inability to secure materials, parts, supplies or services at reasonable prices or because of shortages thereof, epidemic, fire or flood, or delays in access to information.

Governing Law
These Terms shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its conflicts of laws principles.

Forum Choice and Venue
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY AGREES THAT ANY ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH, OUT OF, RELATED TO OR FROM ANY REQUEST OR THESE TERMS SHALL BE LITIGATED EXCLUSIVELY IN FEDERAL OR STATE COURTS HAVING SITUS WITHIN THE UNITED STATES OF AMERICA, STATE OF ILLINOIS, COUNTY OF COOK.  EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY STATE OR FEDERAL COURT LOCATED WITHIN SUCH COUNTY.  EACH OF THE PARTIES HEREBY WAIVES ANY RIGHT EITHER OF THEM MAY HAVE TO TRANSFER OR CHANGE THE VENUE OF ANY LITIGATION BROUGHT AGAINST IT OR BROUGHT BY IT IN ACCORDANCE WITH THIS SECTION.  EACH OF THE PARTIES ACKNOWLEDGES AND AGREES THAT IT HAS RECEIVED FULL AND SUFFICIENT CONSIDERATION FOR THIS PROVISION AND THAT THIS PROVISION IS A MATERIAL INDUCEMENT FOR SUCH PARTY ENTERING INTO A REQUEST AND THESE TERMS.

No Third-Party Beneficiaries
The rights and obligations contained in these Terms are provided for the exclusive benefit of the parties hereto and shall not benefit, and do not benefit, any third-parties.

Promotional Rights
You may not issue any press release regarding services, the Site or these Terms without Signature’s prior written consent.

Severability
Whenever possible, each provision of these Terms shall be interpreted in such a manner as to be valid under applicable law.  However, notwithstanding anything contained in these Terms to the contrary, if any provision of these Terms shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remaining provisions of these Terms.

Interpretation
The titles of the sections and subsections have been inserted as a matter of convenience and reference only and shall not control or affect the meaning, interpretation or construction of these Terms.  In the event an ambiguity or question of intent or interpretation arises, these Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms.  These Terms are written in the English language.  Any translation is for reference only and shall not be deemed binding on the parties.

Notices
Notices that Signature sends electronically will be deemed received upon dispatch.  Any other notice or other communication to be given hereunder shall be in writing and shall be deemed to have been duly given on the date of delivery, provided delivery is actually tendered at the appropriate address, addressed to the person to receive such notice, (a) in person, (b) by courier service or (c) three days after deposit in first class certified mail, postage prepaid, return receipt requested, all addressed to the address as may have been designated by a party from time to time.