1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the AGILITY BANK VPA, AGILITY BANK’s Alexa Virtual Personal Assistant Skill (Skill), any of the features, functions and content (Functions) of this Skill you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and AGILITY BANK.
Amazon Access to Information. The use of the Skill allows you to use an Alexa-enabled device, such as an Amazon Echo or Amazon Fire TV, to interact with AGILITY BANK via voice. Alexa is a service of Amazon, and is enabled by Amazon’s systems. Your interactions with AGILITY BANK through Alexa could be recorded in part or whole by your Alexa-enabled device or by Amazon. Please review your Amazon Alexa agreements regarding how Amazon and your Alexa-enabled device treat those interactions.
Once connected to the Skill, AGILITY BANK treats all communications coming from Alexa through the Skill as originating from you or an authorized representative. Additionally, you should be aware of your surroundings as verbal commands can be overheard by those nearby.
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon publishing the Skill. It is your responsibility to review these Terms of Service prior to each use of the Skill and by continuing to use this Skill, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR VPA ACCOUNT BY SENDING E-MAIL TO: SUPPORT@AGILITY BANK.COM (SEE SECTION 9.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SKILL NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 We may change, suspend or discontinue any Function of the Skill at any time. We may also impose limits on certain Functions or restrict your access to Functions or all of the Skill without notice or liability.
2. SKILL FUNCTIONS
2.1 The Functions of the Skill are intended for your personal, noncommercial use. All Functions are protected by copyright, and owned or controlled by AGILITY BANK or the party credited as the provider of the Functions. You shall abide by all additional copyright notices, information, or restrictions contained in any Function accessed through the Skill.
2.2 The Skill is protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the part of the Skill in whole or in part.
3. USE OF THE SKILL
3.1 You may not access or use, or attempt to access or use, the Skill to take any action that could harm us or a third party. You may not access parts of the Skill to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning of the Skill.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant that your usage of the Skill is for legal purposes only. You hereby indemnify, defend and hold harmless AGILITY BANK and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. AGILITY BANK reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 THE SKILL IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SKILL IS AT YOUR SOLE RISK.
5. REGISTRATION AND SECURITY
5.1 As part of the registration or account creation process, you will create a AGILITY BANK VPA account. You will be required to give us certain registration information, all of which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration account credentials with anyone else. We may cancel or suspend your access to the AGILITY BANK Skill if you share your account credentials. You are responsible for maintaining the confidentiality of your credentials, which you will not have to reveal to any representative or agent of AGILITY BANK. You may not (i) select or use the account credentials of another person with the intent to impersonate that person or; (ii) use account credentials in which another person has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
5.2 Please notify SUPPORT@AGILITY BANK.COM of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your account credentials.
5.3 You must be 13 years or older to use the Skill.
5.4 You are responsible for all usage or activity on your AGILITY BANK VPA account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
6. FEES AND PAYMENTS
6.1. We reserve the right at any time to charge fees for access to the Skill. However, in no event will you be charged for access to the Skill unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Skill that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be communicated clearly by US Mail and e-mail. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Skill.
7. COMMUNICATIONS BETWEEN AGILITY BANK AND USERS
7.1 AGILITY BANK reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Skill.
7.3 AGILITY BANK may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Skill or prospective products. This information will be used to improve the Skill and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Skill. You may not sublicense, assign or transfer any licenses granted by AGILITY BANK VPA, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
9.1 You may terminate your account at any time by calling Customer Care at 888-888-8888 or sending an e-mail to SUPPORT@AGILITY BANK.COM.. Upon termination, you will receive a confirmation via e-mail that the cancellation was processed, and your access will be suspended within 24 hours.
9.2 AGILITY BANK may, in its sole discretion, terminate or suspend your access to all or part of the Skill for any reason, including, without limitation, breach or assignment of these Terms of Service.
10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Alabama law.
10.3 Correspondence should be sent to SUPPORT@AGILITY BANK.COM.