REV12//20

PERSONAL ONLINE AND MOBILE BANKING AGREEMENT

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 this System, you accept all the terms and conditions of this Agreement, as they 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 and conditions most recently updated 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.  

SECTION 1: ONLINE BANKING SERVICES

1.1 Definitions.

  1. “Account”: means a Deposit Account or Loan Account held at Macatawa Bank.
  2. “Applicable Law”: means all applicable federal, state and local laws and regulations with respect to this Agreement, including but not limited to: the laws of the United States and orders administered by Office of Foreign Asset Control (“OFAC”); laws, regulations, and orders administered by United States Department of Treasury Financial Crimes Enforcement Network (“FinCEN”); the National Automated Clearing House Association (“NACHA”) Operating Rules and Guidelines (“NACHA Rules”); the regulations adopted by a the Board of Governors of the Federal Reserve System at 12 C.F.R. Part 229 (“Regulation CC”); the Uniform Commercial Code as adopted in the State of Michigan (“UCC”); Additionally, capitalized terms used in this Agreement and not defined in this Agreement shall have the meanings assigned to them in the Applicable Law, as they may be amended from time-to-time.
  3. “Application”: means the Retail Online Banking Services Application, as may be amended from time-to-time by Change Form(s) or other amendments.
  4. “Business Day”: means a calendar day other than a Saturday, Sunday or a Federal holiday in the United States.
  5. “Deposit Account”: means demand deposit, time, savings, passbook or similar account maintained at Bank.
  6. “Deposit Account Agreement”: with respect to any Deposit Account means all Macatawa Bank’s deposit agreements and disclosures governing the Deposit Account, as they may be amended from time-to-time.
  7. “Documentation”: means all documentation, manuals, specifications, operating procedures, user guides, job aids, installation guides and instructions related to the Service(s) or any portion thereof, which Bank provides User from time-to-time pursuant to this Agreement.
  8. “Electronic funds transfers”: means ATM withdrawals, preauthorized transactions, point of sale transactions, MACLine telephone transactions, transfers to and from your BANK Accounts using System
  9. “Loan Account”: means User line of credit, term note, mortgage note or similar account maintained at Bank.
  10. “Loan Account Agreement”: with respect to any Loan Account means all Macatawa Bank’s loan agreements and disclosures governing the Loan Account, as they may be amended from time-to-time.
  11. “Losses”: means any and all damages, losses, liabilities and claims of any kind and all costs and expenses relating to such damages, losses, liabilities and claims, including without limitation penalties imposed by NACHA, another ACH association, clearinghouse or payment system, reasonable attorney’s fees and court costs.
  12. “Minimum System Requirements”: system requirements specified for the Online Banking Service in the Documentation, as amended from time-to-time. Such requirements may vary from Service-to-Service within the Online Banking Service and include, but are not limited to: (i) specific operating systems and versions, (ii) specific browsers and versions, (iii) minimum connectivity speeds, processing speeds, and free disk space, (v) specific port types (vi) specific hardware such as monitor, keyboard, mouse, mobile device, camera, etc. and (vii) specific software, such as .pdf readers.
  13. “Online Banking Service”: means the Service(s) and Account(s) approved by Bank for User use (which approval may be rescinded without notice in whole or in part at any time for any reason), indicated on the Application or otherwise reasonably believed by Bank to have been authorized by User
  14. “Schedule of Service Charges and Fees”: means the Bank’s fees, rates, penalties or other charges for services, transaction processing, exception handling, and pass-thru items as may be amended from time-to-time.
  15. “Service(s)”: means a service described in the Application or Agreement provided by Bank, its agent or designee.
  16. “User”: means a natural person who has access to the Online Banking Service subject to any restrictions placed by Bank. Also referred to as follows; “Depositor”, “you” or, “your”.

1.2 Users. In order to maintain the Online Banking Service, and for security reasons, User must log into the Online Banking Service at a frequency determined by Bank. Bank has the right to remove a User for inactivity without notification.

Bank reserves the right to deny access to all or part of the Online Banking Service or reject a transaction on an Account without notice to User if Bank believes that there is risk of unauthorized, illegal, or fraudulent activity. User agrees that Bank may, at its sole discretion, require verification of User identity, in a manner satisfactory to Bank, at any time, before allowing access to all or part of the Online Banking Service or before authorizing a transaction from an Account. However, Bank is not obligated at any time to require any verification, except verification required by an applicable security procedure.

1.3 Accounts and Services. The User must maintain at least one Account with Bank at all times during the term of this Agreement. Not all Accounts are eligible for all Services and Services may require Bank approval. Bank may request, and User agrees to provide, financial statements and other information as Bank may deem necessary to support a request for Bank approval of a particular Service. User agrees that Bank may, at its sole discretion, disallow any Account or Service.

1.4 Online Banking Service. The Online Banking Service consists of the various Services that User has requested in the Application and that Bank has consented to provide to User. The Online Banking Service may be accessed via a supported Internet browser or via a mobile app.  User will be able to access Account information and images (such as, but not limited, to balances, transactions, paid checks and statements), receive alerts, transfer funds between Accounts, place stop payments on traditional paper checks, deposit checks via the mobile app, and, if requested and approved, access the additional Services outlined in Sections 2 & 3, which include the ability to initiate additional transaction types against and take additional action regarding User Account(s).

The Online Banking Service has Minimum System Requirements to support functionality, which User is solely responsible for meeting.  These requirements include a supported operating system on the device used to access the services that has antivirus software as well as an internet connection.

User agrees not to use the Online Banking Service in locations that are prohibited under U.S. law and regulations, including laws and regulations issued by the Office of Foreign Assets Control. Bank may also restrict usage of the Online Banking Service in other countries for risk, operational or other reasons.

User may use Online Banking to:

  1. Transfer funds between your linked Macatawa account on either a one-time or recurring basis, including payment to a linked eligible loan(s).
  2. Deposit only transfers – transfers from your linked Macatawa account to another Macatawa account owned by another Macatawa Bank customer. 
  3. External transfers – transfers from your linked Macatawa account to an account you own at another financial institution.
  4. View current balance information for your linked Macatawa account(s).
  5. Review available transaction for your linked account(s).
  6. Perform self-service account maintenance such as re-ordering checks, stopping payment on checks, updating personal account information, and changing your Online Banking Login ID and Password.
  7. Send us secure online mail messages and questions regarding your Online Banking Service
  8. View online images of certain checks and items drawn off your linked accounts
  9. View online statements of your Macatawa linked accounts.

    1.5 Transaction, Security and Other Alerts. User may receive transaction, security and other alerts ("Alerts"). Alerts are electronic notices from Bank that contain transactional information about one or more of the Accounts, security information about Online Banking Service access and activity, and other alerts established from time-to-time. For example, Alerts may include when an Account has met the minimum balance requirement set by the User, when an internal transfer has been conducted by any User, when a User’s permissions have been changed, or when a transaction meeting the requirements set by the User has posted to an Account.

    User acknowledges and agrees that: 1) Alerts are provided solely as a convenience; 2) Alerts are not a substitute for reviewing periodic statements for Accounts or any other notices Bank may send about Accounts, without regard to the manner in which User has chosen to receive such periodic statements or other notices; 3) such periodic statements and other notices remain the official records of the Accounts; and 4) User’s ongoing obligation to promptly review periodic statements, notices, and all other correspondence from Bank remains in full force and effect.

  1. User agrees to provide Bank with a valid email address, phone number or text-enabled mobile number so that Bank may send Alerts.
  2. Bank may provide Alerts through one or more of: 1) Web-enabled and/or text-enabled mobile device; 2) a phone enabled to receive direct dialed calls; or 3) an email account that is accessed via a computer. It is the User’s responsibility to determine that each of the service providers for the communication media described above supports the Alerts. User agrees that the Alerts are subject to the terms and conditions of agreements with mobile, cellular and other service providers and carriers and that User is solely responsible for any fees imposed for an Alert by such service providers or carriers. By electing Alerts delivery to a Web-enabled mobile or cellular device, User agrees to receive Alerts through that device. Message and data rates may be imposed by the service provider or carrier. The frequency of Alerts delivered to a mobile or cellular device depends upon the frequency of events triggering requested types of Alerts.
  3. User acknowledges and agrees that: 1) Alerts may not be encrypted and may include personal or confidential information about User, Accounts, or transactions, such as name and account activity or status; 2) Not all Alerts are available in real time; 3) Alerts may be delayed, misdirected, not delivered, or corrupted due to circumstances or conditions affecting mobile service providers or other parties; and 4) Bank will not be liable for losses or damages arising from (i) any non-delivery, delayed delivery, misdirected delivery, or corruption of an Alert, (ii) inaccurate, untimely or incomplete content in an Alert; or (iii) User’s reliance on or use of the information provided in an Alert for any purpose.

    1.6 Mobile App. Use of the mobile app for the Online Banking Service is subject to the terms and conditions of this Agreement, as well as, any unaffiliated service providers, including but not limited to, the mobile service provider(s) associated with the device(s) being used (e.g. Verizon, T-Mobile, etc.). Those agreements may include fees, limitations and restrictions, which may impact use of the Online Banking Service via the mobile app. The mobile provider(s) may impose data usages or text message charges for interactions with the Online Banking Service, and User agrees to pay all such fees. The mobile app may not be accessible or may have limited utility over some mobile networks, such as while roaming. Not all Services and Service functions are accessible via the mobile app.

    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.

    Facial recognition (“Face ID”) Login for Mobile Money Service. Facial recognition Login is an optional sign-in method for Mobile Money Service that may be available for certain Apple mobile devices. To use Facial Recognition (“Face ID”) Login, you will need set up your Face ID on your mobile device (for more help with Face ID setup, contact the manufacturer that supports your mobile device). Face ID credentials are stored on your device only and Bank never sees or stores your Face ID information. If your device does not recognize your Face ID, you can sign in using your standard login credentials (e.g. password). You can enable or disable Face ID Login anytime within Mobile Money Service.

    Touch ID™ for Mobile Banking.  Touch ID is an optional fingerprint sign-in method for Macatawa Bank’s Mobile Money Service that is currently available for most Apple® devices that have a fingerprint scanner. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your Apple device to complete the setup (for more help with fingerprint scanning, contact Apple support at apple.com/support). Fingerprints are stored on your device only and Bank never sees or stores your fingerprint information. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Bank’s Mobile Money Service. Macatawa Bank reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Money Service username at a time on a device. If your device doesn’t recognize your fingerprint, you can sign in using your password. To use Touch ID for Mobile Money Service on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID anytime from the Services menu within Macatawa Bank’s Mobile Money Service.  Apple and Touch ID are trademarks of Apple Inc. Currently, fingerprint sign-in for Bank’s Mobile Money Service is only available on compatible iOS devices.

    1.7 Transfer Funds Between Macatawa Bank Accounts. User may use this Transfer Funds Service to transfer funds between your eligible Macatawa accounts such as to make payments on your Macatawa loan account or transfer from another checking account you own.. It is the User’s sole responsibility to provide the correct information to enable Bank to complete transfer instructions, including but not limited to, information concerning the "From Account," "To Account," dollar amount, and dates. Bank is not responsible for transfers made to unintended accounts, or for the failure of a transfer, due to the input of incorrect information by a User.

    By providing Macatawa with information about Transfer instructions, user authorizes us to follow the Transfer instruction that we receive through the system. Bank will use its best efforts to make all transfers properly. However, Bank shall incur no liability if Bank is unable to complete any transfers because of the existence of any one or more of the following circumstances:

  1. If, through no fault of Bank, User’s transfer from Account does not contain sufficient funds to complete the transaction or the transaction would exceed the available credit limit of User (s) outlined in the Loan Account Agreement for the eligible line of credit account; and/or,
  2. Circumstances beyond Bank’s control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and Bank has taken reasonable precautions to avoid those circumstances.

    Bank reserves the right to limit the debit amount from User’s transfer from Account for any given transaction based on instructions from an Authorized Account User. Additionally, Bank reserves the right to limit use of this functionality by imposing limits, hold times, or other measures should Bank believe that suspicious activity has occurred or may occur or for any other reason in order to preserve the integrity of the Online Banking Service. Bank reserves the right to verify any of the information provided. Other Deposit Account limitations are outlined in User (s) various Deposit Account Agreements. Other Loan Account limitations are outlined in User (s) various Loan Account Agreements. Other online transfer limitations are outlined in User (s) sweep agreements, if applicable. Bank shall have the right to terminate the use of the Transfer Service, reject or reverse any transactions initiated, and/or restrict or condition the right to transfer or receive money at any time and for any reason, including, but not limited to:

    1. Excessive use;
    2. Using the Online Banking Service (directly or indirectly) for any unlawful purpose; and/or
    3. Tampering, hacking, modifying, or otherwise attempting to corrupt the security or do functionality of the Online Banking Service.

    User authorizes Bank to debit User’s designated transfer from Account and credit funds to the transfer to Account. Same day transfers to Deposit and Loan Account(s) must be submitted before 10:00 PM EST/EDT on a Business Day. Transfers submitted after 10:00 PM EST/EDT on a Business Day may post to the Account with the following Business Day’s date.

    Future dated or recurring transfers scheduled to occur on a non-Business Day will be processed on the following Business Day to the scheduled transfer date. If Bank learns that there are insufficient funds in the transfer from Account to send money, Bank can cancel the transfer. If Bank learns this after the funds have been transferred, User will owe Bank for, and agrees to promptly repay the amount of any shortfall, including any non-sufficient funds (NSF) charge. Bank may apply funds in User’s other Accounts against the amount User owes, or Bank may reverse any transfer made which caused the shortfall.

    Once processed, transfers cannot be modified or cancelled. Transfers can only be modified or cancelled if they have not yet been processed.

  3. Customer to Customer Transfers feature allows you to electronically transfer funds from your personal checking or savings account at Macatawa (“Eligible Account”) to another checking or savings account at Macatawa owned by someone else. This is a deposit only feature.Users should use caution when using this feature as the Bank is unable to reverse these transactions.If an error occurs, you will need to work with the recipient to recover funds transferred in error.

    When you create a Customer to Customer Transfer, funds will be available on the calendar day we receive the transfer request subject to applicable cutoff times. Customer to Customer Transfers are only completed on Business Days. Transfer cutoff time is 10:00 PM EST, Customer to Customer transfers made after the cutoff time will be processed on the next Business Day.  Cutoff times are subject to change without notice.

    You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any transfer you request that we make on your behalf through the Customer to Customer Transfer. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the transfer and the transfer is not completed or is later reversed.

    You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a transfer or if the Macatawa website was not working properly and you knew about the breakdown when you started the transfer.

    We may at any time decline to affect any transfers that we believe may violate applicable law, or where there is not sufficient funds in your Account to affect any requested transfer.

    Additionally, we reserve the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur or for any other reason in order to preserve the integrity of the External Transfer Service. We may terminate the External Transfer Service to you if you engage in unauthorized transactions. Fees may apply to any of the above actions. Please refer to your Macatawa Bank Deposit Agreement for additional details. If any External Transfers to an External Account are returned to Macatawa Bank for any reason, Macatawa will return the funds, within a reasonable time, to your Eligible Account.

    1. Authorization of Customer to Customer Transfer. Macatawa is not obligated to validate any customer account number that you provide as part of the transfer instructions. It is your responsibility to ensure you enter a valid and correct customer account number. To initiate a Customer to Customer transfer the intended recipient must have a Macatawa Checking or Savings account. User must enter the recipient’s full account number, account type and recipients last name in order to initiate the Customer to Customer Transfer.
    2. Types of Customer to Customer Transfers. Users can set up either a one-time deposit only Customer to Customer transfer or link accounts thereby making reoccurring deposit only transfer to the receipt an available option.

     

  1. Transferring to an External Account All External Transfers to enrolled External Accounts are subject to the rules and regulations of the other financial institution. You agree not to transfer any funds to an External Account where the External Transfer would not be allowed under the rules or regulations applicable to such accounts. You agree to obtain any and all permissions required by the other financial institution prior to transferring funds to an External Account.

    When you create an External Transfer to an External Account, the funds on the Scheduled External Transaction Processing Date of the transaction will take 1 to 3 Business Days for the transactions to post to your account.

    You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any transfer you request that we make on your behalf through the External Transfer Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the transfer and the transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the transfer would exceed the credit limit on any applicable overdraft line.

    You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a transfer or if the Macatawa website was not working properly and you knew about the breakdown when you started the transfer.

    We may at any time decline to affect any transfers that we believe may violate applicable law, or where there is not sufficient funds in your Account to affect any requested transfer.

    Additionally, we reserve the right to limit your use of this functionality by imposing limits, hold times, or other measures should we believe that suspicious activity has occurred or may occur or for any other reason in order to preserve the integrity of the External Transfer Service. We may terminate the External Transfer Service to you if you engage in unauthorized transactions. Fees may apply to any of the above actions. Please refer to your Macatawa Bank Deposit Agreement for additional details. If any External Transfers to an External Account are returned to Macatawa Bank for any reason, Macatawa will return the funds, within a reasonable time, to your Eligible Account.

    1. Authorization and Termination of External Transfers. Users (a) represent and warrant that they are an owner of that External Account (and you are authorized by any other owner(s) of the External Account to enroll and make External Transfers from that account); and (b) authorize Macatawa to initiate debit and/or credit transactions on the External Account based on instructions entered through Macatawa’s Online Banking Service, or to correct any errors that Macatawa identifies.

      User authorizations to Macatawa regarding any External Account will remain in full force until you terminate External Account Services for that specific account or all your External Accounts as provided herein in the section entitled "Termination of External Account Services."

    2. Enrollment of an External Account. Users will need to enroll an External Account before they can transfer funds to and from that External Account. To enroll, users will need the following information; account number, ABA routing for the external financial institution, whether the External Account is a checking or savings account.

      By enrolling an External Account, users authorizes Macatawa to initiate a group of small transactions (“Micro-Deposits”) that users, the owner of that External Account must verify within 14 days through the Online Banking service. Macatawa reserves the right to reverse or debit the Micro-Deposits once the enrollment process has been completed. The External Account(s) will appear as an available account when creating Transfers.

      Macatawa reserve the right to reject an enrollment request for any reason, including without limitation potential fraud or misuse, limitations as outlined by the United State Department of Treasury’s Office of Foreign Assets Control, or an incomplete enrollment. Users agree to enroll only Personal Account (business, corporate, or organization accounts are NOT allowed).

    3. Ineligible External Accounts. Not all types of accounts are eligible for External Transfer Service. In addition, you may be subject to penalties by the other financial institution, or may suffer negative tax consequences, for certain transactions involving retirement (401k, IRA, HSA, etc.), savings, money market accounts, certificates of deposit, trusts, loans, custodial, business, corporate and other types of accounts if you initiate a transfer from these types of accounts. It is your responsibility to verify with the external financial institution any restrictions regarding transfers to or from any External Account that you enroll. Macatawa is not responsible for direct, indirect, special or consequential costs, fees, losses, penalties, or other damages resulting from External Transfers that imposed on you by other financial institutions or those imposed on you by applicable laws and regulations.

     

    1. External Account Numbers. Macatawa is not obligated to validate any External Account number that you provide in the enrollment process. It is your responsibility to ensure you enter a valid and correct External Account number. External Transfers sent to invalid or incorrect account numbers may not be recoverable. If you provide an invalid or incorrect External Account number, Macatawa will NOT be responsible for returning funds due to an unrecoverable External Transfer.

     

     

    1. Transferring to an External Account. All External Transfers from External Account(s) are subject to the rules and regulations of the other financial institution. You agree not to transfer any funds from an External Account where that transaction would not be allowed under the rules or regulations applicable to such account. You agree to obtain any and all permissions required by the other financial institution prior to transferring funds from an External Account. If any External Transfer from an External Account is rejected or returned, you authorize Macatawa to collect from any of your Macatawa accounts sufficient funds to cover the transaction and all related fees. If funds are not available from any of your Macatawa accounts, you agree to promptly reimburse Macatawa for the amount of the return along with applicable service fees, accrued interest, collection fees, and/or legal fees.

     

    1. Transferring from an External Account. All External Transfers from External Account(s) are subject to any limitations on transfers by the other financial institution. You agree not to transfer any funds from an External Account where that transaction would not be allowed under the rules or regulations applicable to such account. You agree to obtain any and all permissions required by the other financial institution prior to transferring funds from an External Account. If any External Transfer from an External Account is rejected or returned, you authorize Macatawa to collect from any of your Macatawa accounts sufficient funds to cover the transaction and all related fees. If funds are not available from any of your Macatawa accounts, you agree to promptly reimburse Macatawa for the amount of the return along with applicable service fees, accrued interest, collection fees, and/or legal fees.

     

    1. Transfer Timing and Settlement. Transfers to or from External Accounts generally take between one and three Business Days before funds are available in the designated account. Any External Transfers initiated after 3:00p.m. EST will be processed the following business day.Cutoff times are subject to change without notice.

     

    1. Canceling Specific Funds Transfers. You should cancel a recurring or one-time external transfer at least 3 business days or more before the Scheduled External Transfer Processing Date to prevent it from being processed.You may cancel the transfer using your online account access or you may contact us through the methods disclosed on our website macatawabank.com at the link entitled “Contact Us.”To ensure that a transfer that is canceled has not been initiated, you should call us at the telephone number(s) on our website during the disclosed support hours.

     

    1. Termination of External Transfer Service If, at any time, you wish to terminate your use of the External Transfer Service for any or all enrolled External Accounts, you should contact us through the methods disclosed on our website macatawabank.com at the link entitled “Contact Us.”

     

    1. External Transfer Limits. For security purposes, Macatawa establishes limits on the amount of funds transfers that can be made during any one day. External Transfers are currently limited to a daily aggregate of $1,000 for External Transfers to and from your Eligible Accounts. We reserve the right to change from time to time the dollar amount of the transfers you are permitted to make using the External Transfer Service. In addition, if you transfer from a savings or Money Market account, the account is limited to a total of six transfers per statement cycle. See your Macatawa Bank Deposit Agreement for details.

    1.8 Stop Payment. User agrees that any User who has sufficient access rights to the Online Banking Service can place a stop payment order on eligible traditional paper check or consecutive range of traditional paper checks written on any Account on which the User is a signor. In order to stop payment on a traditional paper check, Bank must receive timely, complete and accurate information regarding the Account number the check is drawn upon, the check number, and the exact amount of the check (dollars and cents). If any information is incomplete or incorrect, Bank will not be responsible for failing to stop payment on the check. Stop Payment requests processed by the system will only stop payment on a check if it has not already been received for payment on or prior to the date of the Stop Payment request. A Check Stop Payment Order is effective for 6 months from the date of the request and may be renewed after the six months has expired by submitting a new stop payment request. We are not obligated to inform you of an impending expiration of a stop payment.  Additional terms and conditions governing stop payments may be contained in the Macatawa Bank’s Terms & Conditions for the Account(s).  You should reference this document to ensure that you are aware of your obligations and rights regarding stop payments.

    1.9 Mobile Deposit.  Users may make mobile deposits to eligible Deposit Accounts by using the mobile app and their mobile device camera to capture an image of a check. The image and associated deposit information will then be delivered to the Bank or Bank’s designated processor.

  1. Permissible Items. Users will capture and deposit only Checks as that term is defined in Regulation CC. When the image of the Check transmitted to the 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 UCC. Bank may reject a Check or Item for deposit for any reason and will not be liable to User.
  2. Ineligible Items. User agrees to not capture and deposit any of the following types of checks or other items which shall be considered ineligible items:
    1. Checks payable to any person or entity other than the person or entity that owns the Deposit Account into which the Check is deposited.
    2. Checks that have a blank payee name or are unsigned by the drawer.
    3. Checks containing an alteration on the front of the check or item, or which User knows or suspects, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
    4. Checks drawn off any account at any financial institution that User owns or on which User is a signer.
    5. Checks payable jointly, unless deposited into an account in the name of all payees.
    6. Checks previously converted to a Substitute Check as defined in Regulation CC.
    7. Checks drawn on a financial institution outside the United States.
    8. Checks that are Remotely Created Checks, as defined in Regulation CC.
    9. Checks not payable in United States currency.
    10. Checks that are postdated or dated more than six (6) months prior to the date of deposit.
    11. Checks or items prohibited by Bank’s current Documentation relating to the Service or which are otherwise not acceptable under the Deposit Account Agreement or Applicable Law.
    12. Checks payable on sight or payable through Drafts, as defined in Regulation CC.
    13. Checks that have been previously submitted through the Service, the Remote Deposit Capture Service, the Image Cash Letter Service or through a mobile deposit, remote deposit capture or image cash letter service offered at any other financial institution.
    14. Checks or items that are drawn on or otherwise issued by the U.S. Treasury Department.
    15. Photocopies or other reproductions of a Check.
    16. Checks with an endorsement on the back other than the endorsement specified in this Agreement.

    Bank reserves the right to charge back to User Account, at any time, any Item that Bank subsequently determines was not an eligible Item. User agrees that the Bank is not liable for any loss, costs, or fees User may incur as a result of Bank’s chargeback of an ineligible item.

    Bank processing of one or more ineligible items does not constitute a waiver by Bank and does not obligate Bank to process ineligible items in the future. Bank may discontinue processing of ineligible items at any time, without cause or prior notice.

    Transmission Deadline. The transmission deadline for mobile deposits is 5:00 PM EST/EDT each Business Day.  Cutoff times are subject to change without notice.

  1. Limits. For security reasons, there may be a restriction on the number of checks and the total dollar amount of checks deposited through Mobile Deposit. Limits may vary by client, product or based on other considerations as determined by Bank. Deposits attempted in excess of these limits may be rejected. If Bank permits a deposit in excess of the limits, such deposit will still be subject to the terms of this Agreement, and Bank will not be obligated to allow such a deposit at other times. Limits may change from time-to-time and may vary by Deposit Account.
  2. Equipment. To use the Service, the User must have a supported mobile device with a supported camera and a supported operating system (Android or iOS) version, have WiFi access and/or a data plan or for the mobile device, and download the Bank’s mobile app to the mobile device. The Bank does not guarantee that a particular mobile device, mobile device camera, mobile device operating system, or mobile carrier will be compatible with the Service.
  3. Endorsements. User agrees to restrictively endorse any item transmitted through the Service as “For mobile deposit only to Macatawa Bank” or as otherwise instructed by Bank. User acknowledges that if a Check cannot be deposited through the Service, or is rejected by the Bank, the presence of this restrictive endorsement may require User to obtain a replacement Check. Bank discourages the inclusion of full account number in any endorsement for fraud and security reasons.
  1. Receipt of Items. Bank reserves the right to reject any Item transmitted through the Service, at Bank’s discretion, without liability to User. Bank is not responsible for Items Bank does not receive or for images that are dropped during transmission. An image of an Item shall be deemed received when User is able to view the Item on the mobile check 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 User Account.
  2. Image Quality. Each image must provide all information on the front and back of the original Check at the time presented to User by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original Check, MICR information, signature(s), any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image of an item transmitted to the Bank using the Service must be legible, as determined in the sole discretion of the Bank. Without limiting the foregoing, the image quality of each item must comply with the requirements established from time-to-time by the Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
  3. Check Storage and Retention. User will retain each Check for a reasonable period of time, but in no event fewer than 15 Business Days after such Check has been digitized and processed. User will promptly provide any retained Check to Bank, as requested, to aid in the clearing and collection process or to resolve claims by third parties with respect to any Check. During the retention period User will use a commercially reasonable method to secure Checks. User will use a commercially reasonable method to destroy Checks after the applicable retention period has expired.

     

  1. User Warranties. User warrants to Bank that:
  1. User will only transmit eligible items.
  2. User will not transmit duplicate items.
  3. User will not re-deposit or re-present original items.
  4. All information provided to Bank is accurate and true.
  5. User will comply with this Agreement and all Applicable Law.
  6. User is not aware of any factor which may impair the collectability of the Item.
  7. User agrees to indemnify and hold harmless Macatawa Bank from any loss for breach of this warranty provision.
  8. Each image will provide all information on the front and back of the original Check.
  9. User will only transmit Items that are properly endorsed.
  1. Funds Availability. Funds deposited using the Service will generally be made available in three Business Days from the day of deposit. Bank may make such funds available sooner, in its sole discretion. 

1.10 Security Procedures. Macatawa Bank uses a full range of Internet security measures designed to protect Bank customers and Macatawa Bank. These security measures may include the use of multilayers of encryption, firewalls, screening and filtering routers; use of 256-bit capable encryption protocol and multifactor authentication using username, password, biometrics (such as fingerprint or facial recognition), PINs, challenge questions, and/or cookies.

As an additional Internet security measure, Macatawa Bank may require the use of a Secure Access Code (SAC). Secure Access Codes are one-time use codes that are delivered to a registered text-enabled phone number, voice-enabled direct dial phone number or email address for the User. A SAC is sent via text, phone call or email to the User’s pre-established delivery destination at the time of an access attempt. The User is then required to enter the SAC in the Online Banking Service to authenticate access rights. It is the responsibility of each User to update or change User’s delivery channels and destinations when needed.

In some cases, the Bank may instead issue the User a physical token or a specified virtual token mobile app to which the Secure Access Codes are delivered.

Each of the security components acts as a layer of protection to safeguard sensitive data from unauthorized access as it travels over the Internet. User will be required to follow security procedures established by Bank to access the Online Banking Service.

Bank may provide User with one or more numbers, passwords, challenge questions, SACs, tokens and/or other means of identification and authentication (collectively "Password") to access Online Banking Services. Bank also may provide User with Documentation in connection with certain Online Banking Services. User agrees to: (a) comply with the Documentation that Bank makes available; (b) take reasonable steps to safeguard the confidentiality and security of the username, Password, Documentation, and any other proprietary property or information Bank provides to User in connection with the Online Banking Services; (c) limit username, Password and Documentation access to persons who have a need to know such information; (d) notify Bank immediately if for any reason User believes the security or confidentiality required by this provision., has been or may be breached; and (e) immediately change the Password or SAC delivery destination if it is known or suspected that the confidentiality of the Password or SAC delivery destination has been compromised in any way.

Bank’s security procedures are not designed for the detection of errors (e.g., duplicate payments or errors in User’s transaction instructions). Bank will not be obligated to detect errors by User or others, even if Bank takes certain actions from time-to-time to do so.

User agrees to change any temporary Password Bank has provided promptly after User is given access to the Online Banking Services for the first time or any other time a temporary Password is issued and to change any other Password whenever anyone who has had access to any Password is no longer employed or authorized by User to use the Online Banking Services. For security reasons, Bank may require User to change User’s Password or SAC delivery destination device at any time.

As an alternative or addition to verifying transactions by means of a Password, Bank may elect to verify the authenticity or content of any order or instruction by placing a call, text or email to User and receiving verbal or written authorization in response. Bank will make reasonable effort to verify the identity and authority of the individual providing authorization, but will not be liable in any way for processing transactions in good faith. Bank may deny access to the Online Banking Services, without prior notice, if Bank is unable to confirm to Bank satisfaction any authority to access the Online Banking Services or if Bank believes such action is necessary for security reasons.

Each time a transfer, payment or other transaction is made using Online Banking Service, User warrants that Bank’s security procedures are commercially reasonable (based on the normal size, type, and frequency of User’s transactions). Some of Bank’s Services allow User to set transaction limitations, and establish internal controls. Failure to set such limitations and implement such controls increases exposure to, and responsibility for, unauthorized transactions. User agrees to be bound by any transfer, instruction, deposit or payment order Bank receives through the Online Banking Services, even if it is not authorized by User, if it includes User’s Password or is otherwise processed by Bank in accordance with Bank’s security procedures. Bank is not responsible for unauthorized transactions made in compliance with the applicable security procedure prior to such notification. Additionally, User agrees that Bank shall be given a reasonable amount of time to act on any notice and shall not be responsible for unauthorized transactions made in compliance with the applicable security procedure until Bank has had a reasonable amount of time to act on any notice.

User agrees that Bank may change the security procedures for the Online Banking Service and the security procedures for specific Services from time-to-time. Bank will give User reasonable advance notice of any change in security procedures. Use of Online Banking Service after receipt of such notice shall indicate acceptance by User of the change to the security procedures, including agreement by User that the security procedure, as changed, is commercially reasonable for User’s particular needs and circumstances. 

1.11 User’s Internal Security. User agrees to establish, maintain and update commercially reasonable policies, procedures, equipment and software ("Internal Security Controls") that will safeguard the security and integrity of User’s computer system and information from unauthorized use, intrusion, takeover or theft, and prevent User’s Password from unauthorized discovery or use (collectively "Internal Security Breaches"). User is responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary to access and use the Online Banking Service. This responsibility includes, without limitation, User utilizing up to date web-browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and internet security software. User is additionally responsible for obtaining Internet services via the Internet service provider of User’s choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. User acknowledges that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and User hereby expressly assumes such risks, including, but not limited to those Bank may disclose in Bank’s educational materials. User bears all risk of fraudulent transfers and other losses arising from User’s Internal Security Breaches or from the interception of User’s communications prior to their receipt by Bank (collectively "Internal Security Losses"). Bank will not reimburse User in connection with Internal Security Losses. User agrees that Bank is authorized to execute, and it is commercially reasonable for Bank to execute, any instruction received by Bank with User Password. Please refer to macatawabank.com for suggestions on Internal Security Controls that should be adopted to protect User’s system from Internal Security Breaches.

User remains solely responsible at all times for User’s Internal Security Controls, Internal Security Breaches and Internal Security Losses. Although Bank may employ various systems and procedures from time-to-time to prevent losses to Bank, Bank will assume no obligation for Internal Security Breaches or Internal Security Losses, provided Bank has acted in accordance with this Agreement and/or instructions that are accompanied by User’s Password. User is responsible for the security of User’s computer and its connection to the internet.

In addition, from time-to-time Bank may make certain products and services available that are designed to detect and/or deter fraud on User (s) Account(s). The Bank does not make and expressly disclaims any representation or warranty that any such product or service will be completely effective in preventing or deterring fraud. However, Bank believes that such products and services may reduce the likelihood that certain types of fraudulent transactions will be processed against User account. If User fails to implement any of these products or services or if User fails to follow other precautions reasonable for prevention or deterrence of fraud in the particular circumstance, Bank will have no liability whatsoever with respect to any unauthorized or fraudulent transaction of a type that such products, services or precautions were designed to detect and/or deter, including without limitation any obligation to re-credit User 's account or otherwise pay for such items.

User must notify Bank immediately if User becomes aware that someone made an attempt to use or has used Bank’s Online Banking Service to access any Accounts without permission or if User becomes aware of loss, theft, or unauthorized access to any information used to access the Online Banking Service. User will notify Bank by calling (616) 820-1444 or (800) 459-4801 during the hours of 7:00 AM to 8:00 PM EST/EDT Monday through Friday, Saturday during the hours of 8:00 AM to 5:00 PM EST/EDT, and outside those hours by sending Bank an e-mail at connect@macatawabank.com

SECTION 2: ONLINE BILL PAYMENT SERVICE

User agrees that any User with sufficient access rights may enroll in Online Bill Payment via the Online Banking Service. Not all Deposit Accounts are eligible for Online Bill Payment. Enrollment in Online Bill Payment will be subject to separate terms and conditions.

SECTION 3: E-STATEMENTS

User may enroll any eligible Account for E-Statements via the Online Banking Service. If an Account is enrolled for E-Statements, User will not continue to receive a paper periodic statement for the Account and will need to access the E-Statements for important information about the Account. Enrollment in E-Statements will be subject to separate terms and conditions. The Online Banking Service must be accessed at a frequency determined by Bank, generally at least once every six (6) months, in order to continue to receive E-Statements. Failure to access system as described above or if the Online Banking Service is terminated, per the terms of this Agreement, may result in Bank issuing paper statements in lieu of E-statements. A paper statement fee may apply.

SECTION 4: GENERAL PROVISIONS

4.1 Charges. User agrees to pay Bank the fees and charges set forth in our current Schedule of Service Charges and Fees, any applicable pricing contract/document, or fees disclosed to User by Bank prior to request for Service(s) within the Online Banking Service. User agrees to pay promptly all fees and charges for the Service(s). User agrees that Bank may charge any account User has with Macatawa Bank for the amount of any outstanding charges User owes. Bank reserves the right to make changes to the fees at any time. Except as otherwise required by law, fees are subject to change without prior notice.

4.2 Ownership and License. User agrees that Macatawa Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). User use of the Services is subject to and conditioned upon User’s complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates User’s right to use the Services. Without limiting the restriction of the foregoing, User may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Macatawa Bank’s business interest, or (iii) to Macatawa Bank’s actual or potential economic disadvantage in any aspect. User may not use the Service for personal use in accordance with this Agreement. User may not copy, reproduce, distribute or create derivative works from the content and agrees not to reverse engineer or reverse compile any of the technology used to provide the Services.

4.3 Service Unavailability. The Online Banking Service and the Service(s) accessed through the Online Banking Service may be unavailable without notice at certain times. The reasons that the Online Banking Service will be unavailable include:

  1. Scheduled Maintenance – There will be periods when Service(s) will be unavailable due to scheduled maintenance or upgrades.
  2. Unscheduled Maintenance – The Service(s) may be unavailable when unforeseen maintenance is necessary.
  3. System Outages – Major unforeseen events, such as earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages may interrupt the Service(s) availability.

There may be times when the Online Banking Service is available in "Inquiry Only" mode. User acknowledges that it may not be able to schedule payments or transfers, conduct transactions or change passwords or other information during a period when the Online Banking Service is available in Inquiry Only mode.

Although Bank will undertake reasonable efforts to ensure the availability of the Online Banking Service, Bank will not be liable in any way for any damages due to its unavailability or availability in Inquiry Only mode. User agrees that it shall not hold Bank responsible if User is unable to access all or part of the Online Banking Service. User agrees to maintain a backup of all applicable data. User agrees to maintain a business continuity plan for action in the event that all or part of the Service(s) is unavailable. 

4.4 Term of Agreement; Termination. This Agreement may be terminated by either party upon notice to the other. This Agreement will automatically terminate if User fails to maintain at least one Account with Bank. Failure to access Online Banking Service periodically, generally at least once every six (6) months, may also result in Agreement being terminated. Bank also reserves the right to terminate this Agreement immediately and without notice if it suspects that a User has engaged in any conduct that may be fraudulent or may violate any federal, state, or local law or regulation, NACHA Rules, Applicable Law or if Bank suspects that the Service(s) has been used for any illegal or fraudulent purpose or in violation of any federal, state or local law or regulation, Rule or Applicable Law. All representations, warranties, and obligations of User shall survive any termination of this Agreement. User agrees within 30 days after termination of this Agreement to return all copies of Documentation in its possession or under its control, and will, upon request, certify in writing that it has returned or destroyed all such copies.

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 Service(s). Bank may reject any Service(s) received by Bank after termination of this Agreement.

  1. Addition of New Services Macatawa Bank may, from time to time, introduce new online services. We may notify you of the existence of these new services when they become available and, if you choose to make use of any new service, you agree to be bound by any terms and conditions regarding the new services that we provide to you.

4.5 Enforceability. Bank may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect Bank’s rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

4.6 Notices. Except as otherwise expressly provided herein, Bank shall not be required to act upon any notice or instruction received from User or any other person or to provide any notice to or advise User or any other person with respect to any matter. Bank shall be entitled to rely on any written notice or other communication, believed by it in good faith, to be genuine and to have been signed by a User. Except as otherwise expressly provided in this Agreement, any notice or other communication required, or permitted to be given under this Agreement shall be delivered in writing to the User at the address set forth in the Application and to Bank at 10753 Macatawa Dr. Holland, MI 49424.

4.7 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 User, 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 the User hereunder. 

4.8 Office of Foreign Assets Control (OFAC). User warrants that it shall not act on behalf of or transmit funds to or from any party subject to OFAC-enforced sanctions or Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

4.9 Limitation of Financial Institution’s Liability. 

  1. Bank shall be responsible only for performing the Service(s) expressly provided for in this Agreement and shall be liable only for its gross negligence in performing those services. Bank shall not be responsible for the User 's acts or omissions or any third party’s acts or omissions. No third party shall be deemed to be Bank's agent.
  2. In no event shall Bank be liable for any consequential, special, punitive or indirect losses or damages, including without limitation any losses or damages from subsequent wrongful dishonor resulting from Bank's acts or omissions pursuant to this Agreement.
  3. Without limiting the generality of the foregoing provisions, Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond Bank's control. In addition, Bank shall be excused from failing to transmit or delay in transmitting any transaction if such transmittal would result in Bank's having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in Bank's otherwise violating any provision of any present of future risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority or Applicable Law.
  4. User agrees to promptly review each statement for its Accounts and to notify Bank of any unauthorized transaction, discrepancy, error or other problem (“Error”) in accordance with the applicable terms and conditions for each Account.It is important that you understand the notification requirements that are in place for providing adequate notice to us, including requirements for maximum amount of time and the obligations we have to correct errors or address unauthorized transactions on an Account that are described in the reference documents.Please review these documents carefully.
  5. Subject to the foregoing limitations, Bank's liability shall be limited to actual damages and in any case damages awarded to either party will not exceed $100,000.

4.10 Bank Secrecy Act and Other Laws and Regulations.  User agrees to provide Bank with all the information that Bank Secrecy Act, Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act, any other Applicable Law or regulation, or the Rules require Bank to obtain. If User fails to provide Bank with all the information required by law, regulation or the Rules, User agrees that Bank is not obligated to complete any transaction and is not liable for any losses or damages resulting from Bank’s failure to execute such transaction. To aid Bank in complying with Bank Secrecy Act and related laws and regulations, Bank may ask User for specific information regarding the nature of the anticipated activity, the relationship with person to whom User (s) send funds, the anticipated frequency of such transactions, the ultimate beneficiaries of the funds, and any other questions that may help clarify the nature and purpose of the transactions.

  1. 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.

4.11 Indemnification. User, at its sole cost and expense, will indemnify, defend and hold harmless Bank and its directors, officers, employees and agents from and against any and all Losses arising out of:

  1. The Service(s) provided by Bank to User;
  2. Any failure by User to comply with any provision of this Agreement, the Rules or any Applicable Law;
  3. Any breach of any representation or warranty made by User under this Agreement;
  4. An act or omission of one or more third parties; or
  5. User providing Bank with a phone number, email address, or other electronic delivery location that does not belong to User or providing a phone number, email address or other electronic delivery location in violation of Applicable Law.

4.12 Address and Banking Changes. It is User’s sole responsibility to ensure that User’s contact information is current and accurate.  This includes, but is not limited to, name, address, phone numbers and email addresses.  Changes can be made either using the Online Banking Service or by contacting customer service. 

4.13 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.  User consents and submits 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. User waives all objections it may have to venue in such courts or the issuance of service of process in any such proceedings.

4.14 Non-assignability. User is not allowed to assign rights or delegate obligations under this Agreement without the written consent of Bank.

4.15 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.

4.16 Amendments to this Agreement. Bank may amend this Agreement from time to time by notice to User.  If User uses any services provided for by this Agreement after such notice of amendment, such use shall be deemed to constitute agreement to the terms of the amendment.  User may not amend this Agreement without Bank’s written consent.  In the event performance of the services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation, or government policy to which Bank is subject and which governs or affects the services contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation, or policy, and Bank shall incur no liability to the User as a result of such violation or amendment.

4.17 Entire Agreement. This Agreement, including any written fee schedule, together with the Terms and Conditions and Product Disclosures for the Account(s), as such documents may be amended from time to time, constitute the complete and exclusive statement of the agreement between Bank and the User with respect to the subject matter hereof and supersedes any prior agreement(s) between Bank and the User with respect to such subject matter. In the event of any inconsistency between the terms of this Agreement and the Terms and Conditions or Product Disclosures for any Account, the terms of this Agreement shall govern.

4.18 DISCLAIMER OF WARRANTIES. USER AGREES ITS USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT USER’S RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BANK DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BANK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET USER REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SERVICE OR TECHNOLOGY WILL BE CORRECTED.

4.19 Jury Waiver.  User and Bank acknowledge that the right to trial by jury is a constitutional one, but that it may be waived.  Bank and User each knowingly and voluntarily waives the right to trial by jury in the event of litigation regarding the performance of this Agreement or the Online Banking Service, enforcement of this Agreement, or any matter related to the Online Banking Service or this Agreement.