Terms of Use

This website is owned and operated by ChoiceOne Bank and its affiliates (collectively, “ChoiceOne” “we” or “us). These Terms of Use apply to our website and any related sites, including ChoiceOne customer accounts and portals (collectively, the “Site”). You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and us. In addition, when using a particular product or service or accessing certain materials on or through this Site, you are subject to any posted terms, conditions, agreements, disclosures, and rules, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR WEBSITE PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE.

General Disclaimer

The information and materials contained within this Site are provided for informational purposes only. The information on this Site is not intended as an offer or solicitation for the purchase of ChoiceOne stock, any other security, or any financial instrument. Except as expressly provided within the Site, the information does not constitute a contract with you or amend or alter any contract we have with you. Products and services that appear on this Site are subject to change without notice. If any information on the Site conflicts with ChoiceOne’s terms or agreements that govern its products and services, such terms and agreements control. From time to time ChoiceOne may place links to other websites on this Site, including websites about investment or insurance products. Investment services are not bank deposits or insured by the FDIC or any other entity, and are subject to investment risks, including possible loss of principal amount invested. ChoiceOne has no control over any other website and is not responsible for the content on any site other than this one. If you decide to leave the Site and access the third party website or to use or install any third party content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site. Users assume all responsibility when they go to other sites via the links on this page.

Eligibility

All Site content is subject to applicable statutes and regulations. This Site is published in the United States for residents of the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

User Registration

You may browse the Site and view certain materials without registering, but as a condition to using certain aspects of the Site, you must create a username and password to set up an account (“Account”). Your access to and use of such Account is governed by these Terms of Use and any additional terms and disclosures posted in your Account or otherwise made available to you. You agree to keep your password confidential and will be responsible for all use of your Account and password.

Intellectual Property Rights

Unless otherwise indicated, the Site is the proprietary property of ChoiceOne, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein are owned or controlled by ChoiceOne or licensed to ChoiceOne, and are protected by copyright and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Site.

Privacy

Your use of our Site is subject to our Online Privacy Policy. Please read it so that you understand the parameters of privacy when using our Site. You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Site. We shall be deemed the owner of this information, as long as it is in a form that does not personally identify you, and may use that information as we determine in our sole discretion, including to improve our Site and provide certain services to you. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.

User Representations and Prohibited Activities

By using the Site, you represent and warrant that: (1) all information you submit is true, accurate, current, and complete and you will promptly update any inaccurate information as necessary; (2) you have the legal capacity and you agree to comply with these Terms of Use; and (3) you will not use the Site for any illegal or unauthorized purpose and your use of the Site will not violate any applicable law or regulation. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You shall not use this Site for any purpose that is unlawful or prohibited by these Terms of Use.

Site Management, Interruptions, and Termination

We reserve the right, but not the obligation, in our sole discretion and without limitation, notice, or liability, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (3) remove from the Site all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. We reserve the right, in our sole discretion and without notice, to deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including, without limitation, for breach of these Terms of Use or violation of any applicable law or regulation. We may terminate your use of or participation in the Site or delete your Account and any content or information that it contains at any time, without warning, in our sole discretion. Nothing in these Terms of Use shall be construed as obligating us to maintain or support the Site or to supply any corrections or updates.

Disclaimer of Warranties

we are not responsible for any errors or omissions, or for the results obtained from the use of THIS SITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE SITE, and all information provided herein, IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitations of Liability

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT WILL CHOICEONE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THIS SITE, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and our respective liability is limited to the greatest extent allowable under applicable law in those states.

Indemnification

You agree to defend, indemnify, and hold harmless ChoiceOne and all of its officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site or our product and service offerings; (2) your breach of these Terms of Use; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act toward any other user of the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles. If you decide to take legal action related to these Terms of Use or the contents of this Site, you agree to file such action only in State courts in Kent County, Michigan, or the United States District Court for the Western District of Michigan, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action and further agree that they are a convenient forum for you.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Amendments

We reserve the right to change our product and service offerings, the terms and conditions of these Terms of Use and any of its other terms, conditions and rules relating to the Site and our products and services at any time in our sole discretion. We will notify you of such changes by posting the changes on the Site or otherwise communicating such changes to you. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

These Terms of Use were last updated: November 28, 2023