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Website Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.  THE TERM “BANK” OR “WE” OR “US” OR “OUR” IN THE TERMS OF USE REFERS TO KENNEBUNK SAVINGS BANK AND ITS AFFILIATES OR SUBSIDIARIES.

SCOPE.  These Terms of Use govern your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement.  Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website (“Service Agreement(s)”).  Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

INFORMATIONAL.  The information on this Website is for information purposes only. It is believed to be reliable, but the Bank does not warrant its completeness, timeliness or accuracy.  All products, coverages, features, and services are subject to terms, conditions, availability and qualifications which may vary.  For advice concerning your individual circumstances, please contact us directly or consult a professional attorney, tax advisor or accountant.

PRIVACY.  We are committed to safeguarding your information and records from unauthorized use and disclosure.

Personal Information We Collect Online. 
Personal Information means personally identifiable information such as information you provide via forms, surveys, applications or other online fields including name, postal or email addresses, telephone, fax or mobile numbers, or account numbers.

How We Use Personal Information.
We may use Personal Information:
• to respond to your inquiries and fulfill your requests;
• to inform you about important information regarding the Website, products or services for which you apply or may be interested in applying for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information;
• to deliver marketing communications that we believe may be of interest to you, including, ads or offers tailored to you;
• to allow you to apply for products or services (e.g., to prequalify for a mortgage, open a deposit account and evaluate your eligibility for such products or services;
• to verify your identity and/or location (or the identity or location of your representative or agent) in order to allow access to your accounts, conduct online transactions and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information;
• to allow you to participate in surveys and other forms of market research, sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which may contain additional information about how Personal Information is used and shared;
• to allow you to use some Website financial planning tools. Information that you enter into one of these planning tools may be stored for future access and use. You have the option not to save the information;
• for business purposes, including data analysis, audits, developing and improving products and services, enhancing the Website, identifying usage trends and determining the effectiveness of promotional campaigns;
• for risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements.

How Personal Information is Shared.  Please see our Privacy Notice for information on how Personal Information may be shared and how you may be able to limit certain types of sharing.  To protect Personal Information from unauthorized access and use, we use security measures that comply with applicable federal and state laws.

Other Information We Collect Online.  Other Information is any information other than Personal Information that does not reveal your specific identity or does not directly relate to an individual, such as browser information, information collected through cookies, other information provided by you such as your date of birth or household income, and aggregated and de-identified data. 

Mobile Applications.  The Bank’s Mobile App allows you to access your account balances and holdings, make deposits, transfers and pay bills on your mobile device.  These Terms of Use apply to any Personal Information or Other Information that we may collect through the App.

Protecting Children’s Privacy Online.  The Website is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Website. We do not knowingly collect information from children under 13 without parental consent.  Visit the Federal Trade Commission website for more information about the Children's Online Privacy Protection Act (COPPA). 

LICENSE AND OWNERSHIP.  Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents, including pictures, graphics, icons, calculators, applications, source code and works of authorship (the “Content”) are the sole property of the Bank, its affiliates or third parties, and are protected by copyright, trademark and other laws in the United States. Except as otherwise authorized by these Terms of Use: (1) you may not copy, reproduce, reverse-engineer, republish, sell, transmit, or distribute the Intellectual Property of the Website in any way without the Bank’s or the appropriate third party’s prior written permission; and (2) the Bank does not grant to you any express or implied rights to the Bank’s or any third party’s Intellectual Property. The Bank grants you a limited, personal, nontransferable, revocable license to access and use only the Website, Content and Services only in the manner presented by the Bank. 

RESTRICTIONS.  In addition to other restrictions set forth in these Terms of Use, you agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by the Bank.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or content or that infringes the Intellectual Property rights of another.
(e) Certain areas of the Website are restricted to customers of the Bank.
(f) You may not use or access the Website or Services in any way that, in the Bank’s judgment, adversely affects the performance or function of the Website or Services or interferes with the ability of authorized parties to access the Services or the Website.

LINKS.  The Website may contain links to third-party websites and resources not affiliated with or controlled by the Bank (the “Linked Sites”).  You should review the privacy and security policies and other terms and conditions of the Linked Sites, as they may be different from ours. These Linked Sites are provided solely as a convenience to you and not as an endorsement by the Bank of the content on such Linked Sites. The Bank makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. 

MODIFICATIONS.  The Bank may revise and update these Terms of Use at any time.  Your continued use of the Website after any changes to these Terms of Use will mean you accept those changes.  Subject to applicable law, any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of the Bank.

TERMINATION.  You agree that the Bank, in its sole discretion, may terminate or suspend your use of the Website or the Services at any time and for any or no reason, even if access and use continues to be allowed to others.  Upon such suspension or termination, you must immediately discontinue use of the Website.  Further, you agree that the Bank shall not be liable to you or any third party for any termination or suspension of your access to the Website and/or the Services.


DISCLAIMER OF WARRANTIES.  THE BANK MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE SERVICES, OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.  THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS.  THE BANK, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  THE BANK AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY THE BANK IN THESE TERMS OF USE

LIMITATION OF LIABILITY.  TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT THE BANK IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, THE BANK IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BANK, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UPS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

GENERAL.  You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  These Terms of Use express the complete and final understanding between us with respect to the subject matter hereof, and supersedes all prior communications, whether written or oral with respect to the subject matter hereof.  These Terms of Use will be deemed to have been made in the State of Maine and will be governed by and interpreted in accordance with the substantive laws of the State of Maine, without regard to conflicts of law provisions.