Salem Five Amazon Echo™ Online Banking Skill

1. Terms of Use These Terms of Use constitute an agreement (the “Agreement” or “Terms of Use”) between Salem Five (“Bank”, “we”, “us”, or “our”) and you (“you” or “your”). This Agreement sets forth the legally binding terms and conditions for your use of the Amazon Echo™ Online Banking Skill service (the “Skill”). By using the Skill, you agree to be legally bound by this Agreement. The Agreement applies in addition to, and is not intended to replace, any other agreement that may apply in connection with any checking, savings, and/or money market account, consumer loan account, or home mortgage loan you may hold with us (“Account”).
   
   YOU REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO ENTER THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
   
   YOU AGREE THAT CHECKING THE ‘I ACCEPT’ BUTTON REPRESENTS YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT, AND YOU INTEND SUCH ACTION BY YOU TO AUTHENTICATE THIS DOCUMENT AND TO HAVE THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE.
   
   You make this representation and agreement each time you activate or use a service from us. We may revise, amend, or modify this Agreement at any time and in any manner by posting such changes on the Amazon skill page. You should review this Agreement regularly for changes, and can easily identify if changes have been made by checking the “last updated” date at the top of this page. Your continued use of the Skill for a reasonable period of time following the posting of any changes to this Agreement means you accept such changes. This Agreement may not be amended or modified by you.

The Skill uses the public internet, third party networks, and inside wiring in your premises to.

To access the Bank via the Skill, you must (1) have an active Account, (2) be enrolled in online banking

We didn’t design or manufacture Alexa or your Alexa-enabled device. The device also runs other

All intellectual property rights, including patents, copyrights, trademarks, service marks or other

We may, in our sole discretion, terminate your access to all or any part of the Skill at any time, with or

The Service is a “Third Party Service” as that term is used in the Amazon Alexa Terms of Use located

You will defend, indemnify, and hold harmless us, our affiliates and each of our, and their affiliates

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SKILL OR YOUR USE THEREOF. THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SKILL WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SKILL WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA, OR INFORMATION, OR THAT THE SKILL IS ERROR FREE. ANY STATEMENTS AND DESCRIPTIONS CONCERNING THE SKILL BY US OR OUR AGENTS OR REPRESENTATIVES ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

THE BANK, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SKILL, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR THE USE OR INABILITY TO USE THE SKILL. THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES INCLUDING CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BANK, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SKILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $100.

Survival: The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement will survive.

Governing Law: This Agreement and the relationship between you and us are governed by the laws of the state of Massachusetts without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Paragraph 11, such action will only be brought in a court of competent jurisdiction in the county in which your deposit account was opened, and you will submit to the personal and exclusive jurisdiction of the courts located within such state and waive any objection as to venue or inconvenient forum.

Entire Agreement: This Agreement and any referenced materials found on our website constitute the entire Agreement between you and us and governs your use of the Skill by you, members of your household, and guests. Materials on our website which are not specifically referenced herein are not incorporated into this Agreement. This Agreement supersedes any prior agreement between you and us and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

Severability: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

No Waiver of Rights: Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Assignment: We may assign this Agreement and any of its right or obligations hereunder at any time. You may not assign your rights or delegate any of your duties under this Agreement, and any attempted assignment or delegation without such consent will be void. This agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.