Personal Online and Mobile Banking Agreement
I. Agreement. This Agreement is a contract establishing the rules which cover your electronic access to your Accounts at Macatawa Bank (“Bank”) through the Macatawa Online Banking Services System, access to Mobile Money Service and Mobile Deposit (collectively “System”). By using System, you accept all the terms and conditions of this Agreement, as may be amended from time-to-time. In the event of any inconsistency between the terms of this Agreement and the Terms and Conditions or Product Disclosures for any Account, as may be amended from time-to-time, the terms of this Agreement shall govern. Please read it carefully.
II. Definitions. As used in this Agreement, the words “we”, “our”, “us” and “Bank” mean Macatawa Bank. “You” and “your” refer to the accountholder authorized by Bank to use System under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through System.
1) “Account” or “Accounts” means your deposit or loan accounts with Macatawa Bank available within System.
2) “Electronic funds transfers” means ATM withdrawals, preauthorized transactions, point of sale transactions, MACLine telephone transactions, transfers to and from your BANK Accounts using System.
3) “Online Banking” means Macatawa Bank’s Online Banking service, which includes, but is not limited to, access to Account Balances, Account transfers, alerts, and Stop Payments for checks.
4) “Mobile Money Service” means the Macatawa Bank Mobile Banking application downloaded via the App Store or Google Play.
5) “Mobile Deposit” means the process of depositing checks to your checking, savings, money market or Health Savings Account from home or other remote locations with your mobile device camera using Mobile Money Service.
6) “System” means the Online Banking, Mobile Money Service and Mobile Deposit.
7) “Business Day” means a calendar day other than a Saturday, Sunday or a Federal holiday in the United States.
III. Additional Services.
1) eStatements. eStatements are available for most Accounts with acceptance of the eStatement Agreement inside of Online Banking. You consent and agree that Macatawa Bank may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of statement (eStatement) for your Macatawa Bank Account(s). All future statements for the Account(s) you select will be eStatement, which you will access through Macatawa Bank’s Online Banking to obtain, review, print, and copy/download your periodic statements.
2) Bill Payment Service. Additional Services are available with acceptance of the Terms and Conditions of the Bill Payment Service Agreement inside of Online Banking, which includes pay people (ZashPay SM; Popmoney®), transfer funds from Bank to Bank (Account-to-Account ("A2A") SM Transfer Service), and pay bills from your Bank Accounts in the amounts and on the dates you request, subject to System and Account availability. Other restrictions may apply.
3) Text Banking. Text Banking is available through Online Banking via your mobile device. Enrollment requires identification of your banking relationship with Bank as well as providing a mobile phone number. The mobile phone number's verification is done by you receiving an SMS message with a verification code which you will have to enter on the website. You may select the type of alerts and other preferences which will determine, together with your Account data, the frequency of alerts delivered to you. You may opt out of this program at any time. To stop the messages from coming to your phone, send a text that says "STOP" to this number: 99588. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages from us.
4) Fingerprint Login for Mobile Money Service. Fingerprint Login is an optional fingerprint sign-in method for Mobile Money Service that may be available for certain Android® mobile devices that have a built-in fingerprint scanner. To use Fingerprint Login, you will need to first save your fingerprint on your mobile device (for more help with fingerprint scanning, contact the manufacturer that supports your mobile device). Fingerprints are stored on your device only and Bank never sees or stores your fingerprint information. You acknowledge that by enabling Fingerprint Login, you will allow anyone who has a fingerprint stored on your device access to your personal and payment Account information within Mobile Money Service. Bank reserves the right to suspend or disable this feature at any time. Fingerprint Login can only be associated with one Mobile Money Service username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your standard login credentials (e.g. password). To use Fingerprint Login for Mobile Money Service on multiple devices, you will need to set it up for each device. You can enable or disable Fingerprint Login anytime within Mobile Money Service. Android is a trademark of Google.
IV. Online Banking.
1) Access. Generally, to use Online Banking, you must have at least one checking Account at Bank, access to Internet service, and a valid e-mail address. Once you have completed the online enrollment request and we have verified your information, you will be granted access to Online Banking. Your User Name and Password will be selected and assigned during the online enrollment process. Online Banking can then be used to access your Bank Accounts. We undertake no obligation to monitor transactions through Online Banking to determine that they are made on behalf of the accountholder.
Online Banking for any individual acting as a legal guardian, personal representative, custodian or in some other fiduciary capacity (collectively, “fiduciary”) and the guarded individual may be restricted. In addition, the Bank reserves the right to deny Online Banking access to fiduciary Accounts, and to limit the types of Accounts that may be combined in an Online Banking profile.
2) Services. You can use Online Banking to check the balance of your Bank Accounts, view Bank Account histories, transfer funds between your Bank Accounts, make check stop payment requests, and change your address. Balance and activity information will be available as of close of business of the previous Business Day. If available, we may at our discretion, display transactional activity from the current day. You understand that balances provided may not include recent or pending transactions that have not yet posted to your Account and that other restrictions may apply.
3) Posting of Transfers. Internal transfers initiated through Online Banking before 6:00 PM EST/EDT on a Business Day are posted to your Account the same day. Transfers completed after 6:00 PM EST/EDT on a Business Day, or at any time on any day other than a Business Day will be posted on the next Business Day. Online Banking identifies transfers based upon the User Name of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Transfers screens in the Transfer menu option of Online Banking will not reflect transfers made by multiple users from the same Account if different login IDs are used. You agree to communicate with any other persons with authorized access to your Accounts concerning any transfers from your Accounts in order to avoid overdrafts.
4) Stop Payment Requests. You may initiate a stop-payment request via Online Banking only for paper checks you have written (non-electronically) on your Bank Accounts. For assistance with placing a stop payment on an online bill payment or electronic payment please contact our Customer Experience Center at 877-820-2265, or stop by one of our convenient branch locations.
You understand and agree that a Stop Payment Request will not take effect unless you provide all the information requested and exactly as such information appears on the check, including, but not limited to, the check number, amount, payee and check date. Please note that Stop Payment Requests are processed electronically by computers, and generally without human intervention and other input; therefore, the programs used to provide the Stop Payment Request requires exact information regarding the check. Accordingly, you acknowledge that you understand that even minor errors in providing the exact information requested may prevent payment from being stopped.
Stop Payment Requests are generally processed on the Business Day that you transmit it to us; provided that, we receive the Stop Payment Request prior to 6:00 PM EST/EDT. Otherwise, the Stop Payment Request shall be processed on the next Business Day. Regardless of when processed, you understand and agree that the Stop Payment Request shall become effective only after we have had reasonable opportunity to act on it in the course of business. A "reasonable opportunity" to act in this context generally means up to 12 hours, but, such a period may be longer should our computer Systems or those of our service providers experience outages or downtime. The date on which a Stop Payment Request becomes effective is referred to as the "Effective Date."
A Stop Payment Request will be effective for six months, from and including the Effective Date unless revoked in writing by you. You may renew or otherwise continue the effectiveness of a Stop Payment Request by making a new Stop Payment Request via Online Banking at least one Business Day prior to the expiration of the existing Stop Payment Request. A new Stop Payment fee shall be charged for the renewal. While we will not be obligated to stop payment on a check after the expiration of a Stop Payment Request, you agree that, after the expiration date of a Stop Payment Request, we may stop payment on the check without incurring any liability to you. You further understand and agree that you, and not us, have the obligation to monitor your Stop Payment Requests and that we will not provide you with any notice of the expiration dates of any Stop Payment Request and/or the need to renew any such requests.
If you make your Stop Payment Request online, we may also require you print, sign, and get the Stop Payment Request form to us within 14 days after your request. You will incur Stop Payment charges as disclosed in the current Schedule of Service Charges and Fees provided at Account opening, as may be amended from time-to-time.
5) Security. You agree to establish, maintain and update software that will safeguard the security and integrity of your computer system and mobile device to prevent unauthorized use, intrusion, takeover or theft. You should purchase and install anti-virus and anti-spyware software and perform regular scans of computer. The bank is not responsible for any errors or issues that arise from the malfunction or failure of either the hardware or software.
You understand the importance of your role in preventing misuse of your Accounts through Online Banking and you agree to promptly examine your periodic statement for each of your Bank Accounts as soon as you receive it. You agree to protect the confidentiality of your User Name and Password, which are intended to provide security against unauthorized entry and access to your Accounts. Data transferred via Online Banking is encrypted in an effort to provide transmission security and Online Banking utilizes identification technology to verify that the sender and receiver of Online Banking transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that Online Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Bank System, or e-mail transmitted to and from us, will not be monitored or read by others.
Your Password – For security purposes, you are required to change your password upon your initial login to Online Banking after logging into Online Banking for the first time. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon five unsuccessful attempts to use your password, your access to Online Banking will be revoked. To re-establish your authorization to use Online Banking, you must contact us to have your password reset or to obtain a new temporary password. Your password must be between 8 and 17 characters and contain at least one number, one uppercase letter, one lowercase letter, and one special character. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, etc. and should be memorized rather than written down.
V. Mobile Deposit.
1) Services. Mobile Deposit is designed to allow you to make check deposits to your checking, savings, money market or Health Savings Account from home or other remote locations with your mobile device camera using Mobile Money Services. The images and associated deposit information will then be delivered to Bank. You may use Mobile Deposit only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide Mobile Deposit.
2) Equipment. To use Mobile Deposit, You must have a supported mobile device with a supported camera and a supported operating system (Android or iOS), have a data plan for your mobile device, and download the App to your mobile device (collectively, the “Mobile Device”). We do not guarantee that your particular mobile device, mobile device camera, mobile device operating system or mobile carrier will be compatible with Mobile Deposit.
3) Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
a) Checks payable to any person or entity other than the person or entity that owns the account into which the check is deposited.
b) Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
c) Checks drawn off any account at any financial institution that you own or on which you are a signor.
d) Checks payable jointly, unless deposited into an account in the name of all payees.
e) Checks previously converted to a substitute check, as defined in Reg. CC.
f) Checks drawn on a financial institution located outside the United States.
g) Checks that are remotely created checks, as defined in Reg. CC.
h) Checks not payable in United States currency.
i) Checks dated more than 6 months prior to the date of deposit.
j) Checks or items prohibited by Bank’s current procedures relating to Mobile Deposit or which are otherwise not acceptable under the terms of your Bank Account.
k) Checks payable on sight or payable through Drafts, as defined in Reg. CC.
l) Checks that have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution.
m) Checks or items that are drawn or otherwise issued by the U.S. Treasury Department
Note, any check that you attempt to deposit using Mobile Deposit is subject to verification by Bank. We may reject an item for deposit for any reason and will not be liable to you.
4) Endorsements and Procedures. You agree to restrictively endorse any item transmitted through Mobile Deposit as "For mobile deposit only”, or as otherwise instructed by Bank. You agree to follow any and all other procedures and instructions for use of Mobile Deposit as Bank may establish from time to time.
5) Receipt of Items. We reserve the right to reject any item transmitted through Mobile Deposit, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you are able to view the item on the deposit history screen. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your Account. We further reserve the right to charge back to your Account at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
6) Availability of Funds. You agree that items transmitted using Mobile Deposit are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. However, receipt of the confirmation from Bank does not mean that the transmission was error free or complete.
In general, if an image of an item You transmit through Mobile Deposit is received and accepted before 5:00 pm EST/EDT on a Business Day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next Business Day we are open. Funds deposited using Mobile Deposit will generally be made available within three Business Days from the day of deposit. Bank may make such funds available sooner, in its sole discretion.
7) Deposit Limits. We may establish limits on the per check dollar amount and/or total deposits per day from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. For more information, please refer to the Banks website: www.macatawabank.com.
8) Disposal of Transmitted Items. Upon your receipt of a confirmation from Bank that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to Bank upon request.
9) Security of Your Mobile Device and Account Information. You are responsible for (i) maintaining the confidentiality and security of your Mobile Devices, access number(s), password(s), security question(s) and answer(s), Account number (s), login information, and any other security or access information used by You to access Mobile Deposit (collectively, "Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that You store, transmit or use in or with Mobile Deposit (collectively, "Account Information"). You agree not to supply your Access Information to anyone. You will be responsible for all electronic communications, including image transmissions, text message, email and other data ("Communications") entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Access Information, including your Mobile Devices. We reserve the right to deny you access to Mobile Deposit (or any part thereof) if we believe that any loss, theft or unauthorized use of Access Information has occurred.
10) Errors in Transmission. By using Mobile Deposit You accept the risk that an item may be intercepted or misdirected during transmission. Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
11) Image Quality. The image of an item transmitted to Bank using Mobile Deposit must be legible, as determined in the sole discretion of Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
12) Geographic Constraints. You agree that you will not use Mobile Deposit in locations that are prohibited under U.S. law and regulations, including laws and regulations issued by the Office of Foreign Assets Control.
13) User Warranties and Indemnification. You warrant to Bank that:
a) You will only transmit eligible items.
b) You will not transmit duplicate items.
c) You will not re-deposit or re-present the original item.
d) All information you provide to Bank is accurate and true.
e) You will comply with this Agreement and all applicable rules, laws and regulations.
f) You are not aware of any factor which may impair the collectability of the item.
g) You agree to indemnify and hold harmless Bank from any loss for breach of this warranty provision.
h) You may not use Mobile Deposit in any anti-competitive manner.
i) You may not use for any purpose which would be contrary to Bank’s business interest.
j) You may not use against Bank’s actual or potential economic disadvantage in any aspect.
14) Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.
1) Periodic Statements. You are entitled to receive a periodic statement for each monthly cycle in which an Electronic fund transfer has occurred and a statement at least quarterly if no transfer has occurred. You will not receive a separate System statement. Transfers to and from your Accounts using System will appear on the respective periodic statements for your Accounts.
VII. Errors and Unauthorized Transactions
1) In Case of Errors or Questions about Your Electronic Fund Transfers. Contact us as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. You may contact us for this purpose by any of the methods stated below in the section entitled “Communications Between Bank and You.” We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:
a) Tell us your name and Account number.
b) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
c) Tell us the dollar amount of the suspected error.
If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 Business Days.
We will determine whether an error occurred within 10 Business Days (20 Business Days if the transfer involved a new Account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new Account) to investigate your complaint or question. If we decide to do this, we will provisionally credit your Account within 10 Business Days (20 Business Days if the transfer involved a new Account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and WE DO NOT receive it in the form of a paper writing within 10 Business Day, we may not provisionally credit your Account.
We will tell you the results within three Business Days after completing our investigation. If we find that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If you need more information about our error resolution procedures, contact us using one of the methods stated below in the section entitled “Communications Between Bank and You.”
2) Your Liability for Unauthorized Transfers. CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your Accounts without your permission. You may contact us for this purpose by any of the methods stated below in the section entitled “Communications Between Bank and You.” An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your Accounts (plus your maximum overdraft line of credit, if any). If you contact us within two Business Days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within two Business Days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your Accounts without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was sent to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we may extend the time periods.
VIII. General Provisions.
1) Fees and Charges. You agree to pay the fees and charges for your use of System as set forth in the current Schedule of Service Charge and Fees provided at Account opening, as may be amended from time-to-time. Standard messaging charges apply for use with a mobile device for Mobile Banking or Mobile Deposit. You acknowledge that you are aware of the fees and charges set forth for your use of System Services. You agree that all such fees and charges will be deducted from the Bank Account(s) designated at time of enrollment. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of System.
2) Limits on Amounts and Frequency of Transactions. This Agreement imposes no restrictions on the number of transfers from Bank Accounts or the amounts which may be transferred, but certain limits and restrictions on the frequency of transfers may be applicable with respect to the particular types of account subject to this Agreement, particularly money market, savings accounts and certificates of deposit. Federal Regulation D limits certain types of withdrawal and transfer transactions you can make out of your savings or money market Account to a maximum combined total of six (6) preauthorized transfers per month. These transactions include automatic transfers for overdraft coverage to your checking Account, checks, drafts or similar other withdrawals payable to third parties, point-of-sale (POS) purchase transactions with an ATM/debit card, or by preauthorized or automatic payment transfers (including ACH and wire transfers) via telephone or online. Excessive transactions may result in the Bank, at its discretion, either closing your Account or changing your Account to a noninterest-bearing account. In addition, you may be subject to the payment of penalties for early withdrawal with respect to transfers from certain of these accounts. Certain types of accounts, may have limited functionality based on the type of account. Please refer to the disclosure documents you received at the time of Account opening for more detailed information on limitations, restrictions or early withdrawal penalties applicable thereto, as may be amended from time-to-time.
3) Overdrafts (Order of Payments, Transfers, and other Withdrawals). If your Account has insufficient funds to perform all Electronic fund transfers you have requested for a given Business Day, then:
a) Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
b) Electronic fund transfers initiated through Online Banking which would result in an overdraft of your Account may, at our discretion, be cancelled;
c) Should an Electronic funds transfer initiated through Online Banking result in your Account becoming overdrawn, overdraft charges may be assessed pursuant to the terms of the current Schedule of Service Charges & Fees, which may be amended from time-to-time.
d) If your Account has been assigned Overdraft Privilege, you may be able to transfer funds in excess of your Available Balance. Please check your Available Balance prior to completing transactions to avoid any possible overdraft charges. Refer to your copy of the Overdraft Coverage Disclosure for complete details.
4) Preauthorized Credits. If you have arranged to have direct deposits made to any of your Accounts at least once every 60 days from the same person or company, you may contact us at (616) 820-1444 during normal business hours to find out whether or not the deposit has been made.
5) Presentment. The order in which the items are cleared, presented for payment, and collected shall be in Bank’s sole discretion subject to Bank’s Terms & Conditions governing your Account.
6) System Unavailability. You can use System seven days a week, twenty-four hours a day. The System may be unavailable without notice at certain times. The reasons that the System will be unavailable include:
a) Scheduled Maintenance – There will be periods when System will be unavailable due to scheduled maintenance or upgrades.
b) Unscheduled Maintenance – The System may be unavailable when unforeseen maintenance is necessary.
c) System Outages – Major unforeseen events, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages may interrupt the Systems availability.
d) Although Bank will undertake reasonable efforts to ensure the availability of the System, Bank will not be liable in any way for any damages due to its unavailability. We agree to post notice of any extended periods of non-availability on the Bank’s Web site (www.macatawabank.com).
7) Loss of Data. You agree that, should your data be lost or destroyed as a result of your systems failure to interruption, you are responsible for all consequences resulting from such systems failure or interruption. You are responsible for verifying the accuracy and completeness of all transactions conducted through the System including those affected by any System failure or interruption.
8) Your Right to Terminate. You may cancel your System access at any time by contacting the Customer Experience Center at 877-820-2265. Your access to System will be suspended within three Business Days of our receipt of your instructions to cancel the service.
Any service(s) received by Bank prior to termination of this Agreement shall continue to be governed by this Agreement, including the obligation to pay Bank for any outstanding fees and charges incurred prior to the date of cancellation. Bank may reject any Service(s) received by Bank after termination of this Agreement.
9) Our Right to Terminate. You agree that we can terminate or limit your access to System for any of the following reasons:
a) Without prior notice, if you have insufficient funds in any one of your Bank Accounts. System service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
b) You have engaged in any conduct that may be fraudulent or may violate any federal, state, or local law or regulation, or if Bank suspects that the System has been used for any illegal or fraudulent purpose or in violation of any federal, state or local law or regulation or any Rule.
c) You use System in a manner inconsistent with the terms of the Agreement.
d) After you close your Account(s).
e) If you do not successfully access System for a period of 6 months.
f) Upon reasonable notice, for any other reason in our sole discretion.
Certain obligations pursuant to this Agreement, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement.
10) Privacy and User Information. You acknowledge that in connection with your use of the System, Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the System. The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the System for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
11) Severability. If any provision of this Agreement is declared invalid or unenforceable, that provision shall be ineffective only to the extent of the invalidity or unenforceability. The remaining provisions of this Agreement shall remain in full force and effect.
12) Communications Between Bank and You. It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting us or sending a secure message via the System. Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways (normal business hours are from 9:00 AM EST/EDT to 5:00 PM EST/EDT Monday through Friday):
a) E-mail – You can contact us by e-mail at: email@example.com. Please note that banking transactions through System are not made via e-mail.
b) Secure Message – You can contact us by sending a Secure Message via the System.
c) Telephone – You can contact us by telephone at (616) 820-1444 or (877) 820-2265
d) Text Message – You can send a text message with the word “HELP” to 99588.
e) Facsimile – You can contact us by fax at 616-820-1431
f) Postal Mail – You can write to us at: Macatawa Bank, Online Banking, PO Box 3119, Holland MI 49422-3119
g) In Person – You may visit us in person at any one of our locations
To provide you with the best possible service for your Account we may need to contact you about your Account from time-to-time by telephone, text messaging or email. We may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. We will obtain consent in advance, as applicable, and in accordance with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
With the above understandings, you authorize us to contact you regarding your Account(s) throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us. This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call.
If is your responsibility to change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.
13) Consent to Electronic Delivery of Notices. You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement and its Addendums, and any future disclosures required by law, including Electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank System, Bank Web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.
14) Binding Agreement; Benefit. This Agreement shall be binding upon and inure to the benefit of Bank, legal representatives, successors, and assigns. This Agreement shall be binding upon and inure to the benefit of you, legal representatives, and successors. This Agreement is not for the benefit of any other person, and no other person shall have any right against Bank or you hereunder.
15) Our Liability for Failure to Make a Transfer. If we do not complete a transfer to or from your Account on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
a) If, through no fault of the Account does not contain sufficient funds to complete the transfer.
b) If a legal order directs us to prohibit withdrawals from the Account.
c) If your Account is closed, or if it has been frozen.
d) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
e) If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
f) If any electronic terminal, telecommunication device, payment processing center, or any part of the System is not working properly and you knew about the problem when you started the transfer.
g) If you have not properly followed the on-screen instructions for using System.
h) If circumstances beyond our control (such as, but not limited to, fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
i) There may be other exceptions stated in our Agreement with you.
16) DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF SYSTEM AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF SYSTEM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (i) SYSTEM WILL MEET YOUR REQUIREMENTS, (ii) SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM MOBILE DEPOSIT WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN SYSTEM OR TECHNOLOGY WILL BE CORRECTED.
17) LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE SYSTEM INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF SYSTEM, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
18) Applicable Law and Other Agreements. This Agreement shall be construed in accordance with and governed by the laws of the State of Michigan and the United States of America. You consent and submit to the jurisdiction of any state court of Michigan and to the jurisdiction of the U.S. District Court for the Western District of Michigan. You waive all objections it may have to venue in such courts or the issuance of service of process in any such proceedings.
19) Restrictions on Use. You agree not to use the System in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, You agree that You will not use the System to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Bank or any third-party service provider involved in the provision of the services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Bank, any third-party service provider involved in providing the services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that You will not attempt to: (i) access any System for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the System, the security of the System, or other customers of the System, or otherwise abuse the System.
20) Regulatory Authority. If you believe that any provision of the Michigan Electronic Funds Transfer Act has been violated, you should notify the Michigan Department of Insurance and Financial Services at P.O. Box 30220, Lansing MI 48909 and/or the Federal Deposit Insurance Corporation at 500 W Monroe St. Suite 3300, Chicago, IL 60661
21) Non-assignability. You are not allowed to assign rights or delegate obligations under this Agreement without the written consent of Bank.
22) Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement and may not be used to define, describe, interpret or construe any provision of this agreement.
23) Amendments. We may change any term of this Agreement or its Addendums at any time. If the change would result in increased fees for any service, increased liability for you, fewer types of available Electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an Account or our Electronic Fund Transfer System. We will post any required notice of the change in terms on the System Website or forward it to you by e-mail, text message or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the Account or our Electronic Fund Transfer System, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject System indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.
24) Entire Agreement. This Agreement, together with the Terms and Conditions of your deposit and loan agreements and disclosures for each of your Bank Accounts and this enrollment process as such documents may be amended from time-to-time, constitutes the entire agreement between you and Bank with respect to the subject matter hereof and supersedes any prior Agreement(s) between you and the Bank with respect to such subject matter.