By clicking Agree, you agree to the following Terms and Conditions.

BMO Bank N.A. Procedures for Opening a New Account or Requesting a Loan
BMO Bank N.A. Terms for Online Loan Application
BMO Bank N.A. Cellular Phone Contact Policy
BMO Bank N.A. Online and Mobile Privacy Policy
BMO Bank N.A. Privacy Notice
Blend Terms

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To contact us regarding your use of the BMO Bank N.A. Online Loan Application service or about your loan application contact your Mortgage Banker

BMO Bank N.A. Procedures for Opening a New Account or Requesting a Loan

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT OR REQUESTING A LOAN

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account or requests a loan.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

BMO Bank N.A. Cellular Phone Contact Policy

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications, “including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system,” from BMO Bank N.A. us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your mobile services provider.

You can update your contact information and manage your communication preferences at any time by contacting us at a number at the beginning of these Terms. Please see the BMO Bank N.A. Online and Mobile Privacy Policy and the BMO Bank N.A. Privacy Notice below to learn more about how we use and share your information.

When using the BMO Bank Online Loan Application service, you may receive co-branded communications from us and/or one of our service providers (such as Blend Labs, Inc.). You may also receive co-branded communication if action is needed from you or if there is a change to your account.

BMO Bank N.A. Terms for Online Loan Application

These BMO Bank N.A. Terms for Online Loan Application (“Terms”) contain terms and conditions that apply to your use of the BMO Bank Online Loan Application service (the “Platform”) and are in addition to other agreements and disclosures that apply to your loan application. If there is a conflict between these Terms and the terms and conditions of any disclosures or agreements that specifically address your online loan application, these Terms will control in resolving those inconsistencies.

These Terms are a legal agreement between you and BMO. You acknowledge and agree that, by accessing or using the Platform or by uploading or posting any content to the Platform, you are indicating that you have read and understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Platform.

We may, from time to time, modify these Terms. If so, we will post the updated Terms on the Platform. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Platform. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Platform after any such update constitutes your binding acceptance of such changes.

Joint Applicants . If you are using the Platform with another person to apply jointly for a loan, you and your co-applicant may choose to provide information for your application using a single joint or multiple individual Platform account(s). If joint applicants choose to utilize a single Platform account, they will have access to all information supplied by Platform account users to complete that application. Such joint applicants will have the ability to view, print, transmit, save, and/or edit the information. Access may continue for as long as the joint applicants utilize the single Platform account in connection with the application process.

1. Definitions. The following definitions apply in these Terms except to the extent any term is separately defined elsewhere in these Terms.

"We," "our," and "us" mean BMO Bank N.A. (“BMO"), its affiliates, successors, and assigns.
"You" and "your" means the person or person(s) that accesses or uses the Platform.
"Service Providers" means Blend Labs, Inc., and any other third party that we have engaged to provide equipment, or other services in connection the Platform. This includes any agent, independent contractor, or subcontractor of any of the foregoing. You agree that we have the right under these Terms to delegate to Service Providers all of the rights and performance obligations that we have under these Terms, and that the Service Providers will be third party beneficiaries of these Terms and will be entitled to all the rights and protections that these Terms provides to us.

2. Eligibility and Scope

2.1 Eligibility . To use the Platform you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competence. If you’re agreeing to these Terms on behalf of an organization, entity, or co-applicant, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization, entity, or co-applicant and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization, entity, or co-applicant). If BMO has previously prohibited you from accessing the Platform, you do not have permission to access the Platform.

2.2 Use Outside the United States of America . The Platform is controlled and offered by BMO from the United States of America. BMO makes no representations that the Platform is appropriate for use in other locations. Accessing the Platform from territories where any content or use of any Service is illegal is prohibited. Those who access or use the Platform from other locations do so at their own risk and are responsible for compliance with local law.

The products and services described herein are only offered in jurisdictions where they may be legally offered. Not all services are available in all countries and you understand that the described products and services are intended for customers located in the United States. You also understand that BMO is based in the United States, and only accepts U.S. currency.

2.3 Unauthorized Account Use . You are responsible for any activity associated with your Platform account, and for notifying us at the address and phone number listed above if you become aware of any unauthorized access to your Platform account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Platform account. BMO will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your BMO password or account, as a result of your use or misuse, with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. In such case, you will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by BMO or a third party due to someone else’s use of your Platform account.

3. Technical Requirements. Use of the Platform may be available through a compatible mobile device with internet access and require certain software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees associated with them, as well as for complying with the terms of your mobile device and telecommunications provider. blend makes no warranties or representations of any kind, express, statutory, or implied as to (a) the availability of a telecommunication platform from your provider or access to a telecommunication platform from your provider at any time or from any location; (b) any loss, damage, or security intrusion of the telecommunication platform from your provider; and (c) any disclosure of information to third parties or failure to transmit any data, communications, or settings in connection with a telecommunication platform from your provider. If using a computer or mobile device, you may need additional software that is capable of opening .pdf format files (such as Adobe" Acrobat") to view, print and/or save your loan documents and legal notices.

4. Providing Personal Information. You agree to provide current and complete information about yourself and you agree not to misrepresent your identity. This includes, but is not limited to, name, address, phone numbers, and email addresses. Changes can be made online or by calling us at a number listed at the beginning of these Terms. Your use of the Platform may be suspended or terminated if we cannot verify your identity.

4.1 Data Retrieval Information . By providing information about yourself, including BMO Account Credentials and third-party account credentials such as usernames, passwords, PINs, other log-in information, and other content ("Data Retrieval Information"), you are licensing such Data Retrieval Information to BMO and our agents for the purpose of providing the Platform functionality. You represent that you are entitled to provide the Data Retrieval Information to BMO to use for the purpose of providing the Platform, without any obligation by BMO to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit BMO to use and store the Data Retrieval Information for the purpose of providing the Platform, including configuring the Platform to be compatible with third-party websites that enable BMO to provide the Platform. BMO will store Data Retrieval information in encrypted form, and will use the Data Retrieval Information in accordance with these Terms and our Privacy Policy.

4.2 Account Information . Where available, for the purpose of completing your application, BMO and our agents may access and retrieve, or enable you to initiate access to and retrieval of, account information and other data and documents ("Account Information") from online accounts at third parties, including financial institutions, investing platforms, payroll providers, and tax preparation platforms, among others, in accordance with theBMO Bank N.A. Online and Mobile Privacy Policy and the BMO Bank N.A. Privacy Notice below. By using the Platform, you expressly authorize BMO and our agents to access, retrieve, and transmit Account Information as part of the Platform, on your behalf, and as your agent. By using the Platform, you also authorize BMO and our agents to access, retrieve, and transmit credit documentation and other information for verifying and/or re-verifying your assets, income, and employment. When available, such information may be prepopulated in the Platform.

As part of these Terms and solely for the purpose of providing the Platform, you grant BMO and our agents a limited power of attorney, and appoint BMO and our agents as your attorney-in-fact and agent, to access third-party websites, use Data Retrieval Information you provide, and retrieve Account Information, with the full power and authority to do and perform each task necessary in connection with such activities as you could do in person. you acknowledge and agree that when blend and our agents are accessing and retrieving account information from third-party websites, blend and our agents are acting as your agent, and not as the agent of or on behalf of the third party that operates the third-party website. BMO cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, BMO does not assume responsibility for the timeliness, accuracy, deletion, or non-delivery of, or failure to store, any data.

4.3 Right to Provide Data Retrieval and Account Information . You represent and warrant to us that you have all rights to the Data Retrieval and Account Information that you provide to us via the Platform. You are responsible for the accuracy and completeness of the Data Retrieval and Account Information you provide. You, and not BMO, are liable in the event that such Data Retrieval and/or Account Information is not accurate or complete. You agree that you will indemnify, defend, and hold harmless BMO for all claims resulting from your unauthorized access to Data Retrieval and/or Account Information, or for any inaccurate or incomplete Data Retrieval and/or Account Information that you provide us. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

4.4 Feedback . Feedback you provide to us about your user experience with the Platform, by email or through other mediums, excluding personally identifiable consumer information, shall be deemed to be non-confidential, and we assume no obligation to protect such information from disclosure or provide compensation to you. The submission of such information to us shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by us for any purpose whatsoever, and we shall be free to reproduce, use, disclose, and distribute the information to others without restriction.

4.5 License You Grant BMO . Anything you upload, share, store, or otherwise provide, including Data Retrieval and Account Information, is content that you provide. In order to display your content on the Platform, you grant us certain rights in that content. As such, you hereby grant BMO a license to translate, modify (for technical purposes, such as making your content viewable on a mobile device as well as a computer), reproduce, and otherwise act with respect to such content, in each case to enable us to enhance the operation of the Platform, or to provide products or services to you through or in connection with the Platform. You also grant BMO a license to aggregate and/or de-identify the information you provide, which BMO may use for improving the Platform and developing business analytics, as discussed in our Privacy Policy. This is a license only; your ownership in the content you provide is not affected. You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide. In addition, please note that the foregoing licenses are subject to the BMO Bank N.A. Online and Mobile Privacy Policy and the BMO Bank N.A. Privacy Notice below.

You represent that you are entitled to submit this information for use for this purpose, without any obligation by us to pay any fees or be subject to any restrictions or limitations. By using the Platform, you expressly authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. We and our Service Providers will submit information including usernames and passwords that you provide to log into the Web site. You hereby authorize and permit us to use and store information submitted by you to accomplish the foregoing and to configure the Platform so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and solely to provide the account information to you as part of the Platform, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BMO OR ITS SERVICE PROVIDERS ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You are responsible for the accuracy and completeness of any account information provided to us and we shall not be liable in the event that such account information is not accurate or complete.

5. Privacy and Confidentiality. We will gather and disclose personal information about you only as allowed by law. All information gathered from you in connection with using the Platform will be governed by the BMO Bank N.A. Online and Mobile Privacy Policy and the BMO Bank N.A. Privacy Notice below.

6. Monitoring and Recording Communications. You understand and agree that we may monitor and/or record any communications between you and us (or our Service Providers) for quality control and other permitted business purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.

7. Online and Mobile Security. Information you provide in connection with the Platform will be stored on secure servers and protected by advanced encryption techniques. These commercially reasonable security measures are intended to keep your important information secure and to prevent unauthorized access. Effective security; however, is dependent on your responsible behavior in protecting your Log-in Credentials and controlling access to the devices that you use to access the Platform. For the purposes of these Terms, "Log-in Credentials" means your personal ID, password, and any other unique biometric attribute (such as voice print or fingerprint) used to access the Platform.

8. Protecting Your Log-in Credentials. You may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You are responsible for keeping your Log-in Credentials confidential and you are responsible for ensuring that you have logged out when your session is complete to prevent unauthorized access.

If you give any other person or entity access to your Log-in Credentials, or any device you use to access the Platform, you agree that each such person or entity will be acting as your "Agent" and will be bound by these Terms (and any separate agreement governing your account). We are not responsible for managing your third party relationships and any arrangements between you and an Agent are strictly between you and the other party. We will rely and act on all instructions received (and information submitted) using your Log-in Credentials and we are not liable to you if your Agent exceeds the scope of authority granted. Any action performed by your Agent using your Log-in Credentials, even if not specifically intended by you, is considered an action authorized by you. Should you decide to revoke any access you have given to an Agent, you must contact us at a number at the beginning of these Terms, in which case we may need to block online and mobile access to your account until we issue new Log-in Credentials.

Contact your Mortgage Banker if:

· You would like to change, disable, or revoke your password; or

· You believe that your password or other means to access the Platform has been lost or stolen; or

· You believe that someone may attempt to use the Platform without your consent or has transferred money without your permission.

9. Account Aggregation Services. Account aggregation services allow you to collect certain information about your accounts held at other financial institutions. These services make it easy for you to complete your loan application by bringing in all your relevant financial information.

Linking Third Party Accounts

By using account aggregation services you authorize us to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited power of attorney, and you hereby appoint us as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when we accesses and retrieve information from third party sites, we are acting as your agent and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that our account aggregation services are not endorsed or sponsored by any third party account providers accessible through the service.

No Warranties

You expressly understand and agree that your use of account aggregation services and all information, products and other content (including that of third parties) included in or accessible from our account aggregation services is at your sole risk. Our account aggregation services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from our account aggregation services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that (I) our account aggregation services will meet your requirements, (II) the account aggregation services will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of our account aggregation services will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through account aggregation services will meet your expectations, or (v) any errors in the technology will be corrected.

Indemnification

You agree to protect and fully compensate us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney"s fees) caused by or arising from your use of any account aggregation service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Limitations

Some third-parties may limit (or block) account aggregation services. You are responsible for understanding whether such limitations exist and how these limitations may impact your ability to link accounts held with these third-parties. We are not liable for errors that may result from limitations imposed by third parties.

The functionality of the Platform may be limited depending on your access method or access device.

10. Tools and Calculators; Personal Financial Management Software. The Platform may contain financial tools and calculators. We provide these tools and calculators as a service to you, for educational purposes only. We do not guarantee the accuracy of the tools or calculators or the results. We are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of the use of the tools and calculators.

11. Links to Other Internet Sites and Third Party Services. Our websites and the Platform may contain links to other websites, merchandise, and services provided, owned or operated by third parties; these links do not imply our endorsement or approval of material on any third party website. The linked websites are not under our control and we are not responsible for the availability, content, products, services, advertising, or other materials available on the third party websites. The privacy policies of third party websites may provide less security than our web sites so we strongly encourage you to read the third party's privacy policy before sharing any information with that third party.

All matters concerning third party websites, merchandise, and services provided or operated by third parties are solely between you and the third party. We make no warranties or representations whatsoever with regard to any third party website, merchandise, or service and we are not responsible or liable to you for any damages, loses, or injuries of any kind arising out of your use of any third party website.

12. Fees and Charges. There may be additional fees and charges that apply with your loan application; these fees are described within the user interface (online or within the mobile application), on our website, and in the Loan Estimate. Fees and charges may be changed in our sole discretion and you will receive notice of these changes in accordance with applicable law. You agree to pay all such fees and charges associated with the Service.

You are responsible for any and all other fees and charges that may be assessed by your telephone company, wireless carrier, internet service provider, or any other third party provider you may engage.

13. Intellectual Property Rights

All content connected with the Platform (i.e. our websites and mobile applications) are the exclusive property of BMO, its licensors, and/or Service Providers, and it is protected by copyrights and other intellectual property rights. You are permitted to use content delivered to you through the Platform only for your personal use. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any technology, including, but not limited to, any software or other content associated with the Platform.

The trademarks, logos, and service marks displayed in connection with the Platform are the registered and unregistered trademarks of BMO, and/or its Service Providers. Under no circumstances may you use, copy, imitate, alter, modify or change these trademarks. Nothing contained on, in or otherwise connected with any Service should be construed as granting (by implication or otherwise) any license or right to use any trademark without the express written permission of BMO, or the third party, which has rights to such trademark, as appropriate.

All messages, suggestions, ideas, notes, concepts, know-how, techniques, data, applications, mail, and other information you may send to us through or regarding any Service (including but not limited to our web sites) shall be considered an uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Platform. You agree to comply with all reasonable written requests made by BMO or our suppliers and licensors of content or otherwise ("Suppliers") to protect their and others’ contractual, statutory, and common law rights in the Platform. You agree to notify BMO immediately upon becoming aware of any unauthorized access or use of the Platform by any individual or entity or of any claim that the Platform infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Platform shall, as between you and BMO, at all times be and remain the sole and exclusive property of BMO.

You may not use any of BMO’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with BMO’s consent, and you acknowledge that you have no ownership rights in or to any such items.

14. Prohibited Uses . Use of the Platform for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

· Use the Platform for any unlawful purpose;

· Use the Platform to harass, abuse, or threaten any other person;

· Provide information that is unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy;

· Use the Platform commercially, for benchmarking, or to compile information for a product or service;

· Copy, download (other than for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Platform by any means except as provided for in these Terms or with the prior written consent of BMO;

· Scrape, access, monitor, index, frame, link, or copy any content or information on the Platform by accessing the Platform in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Platform through a browser or accessing the Platform through any approved API;

· Violate the restrictions in any robot exclusion headers of the Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the Platform;

· Post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by BMO in our sole discretion);

· Upload or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," or "metering" device, or any malicious code);

· Attempt to disable, overburden, or impair the proper working of the Platform;

· Use the Platform to distribute any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Platform;

· Make available trade secrets or other confidential or proprietary information, or provide any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to insider information, or confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements;

· Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity;

· Frame, inline link, or similarly display the Platform or any portion thereof;

· Violate these Terms or any guidelines or policies posted by BMO;

· Facilitate violations of these Terms or the Privacy Policy; and/or

· Interfere with any other party’s use and enjoyment of the Platform.

BMO reserves the right, but not the obligation, in our sole and absolute discretion, to remove any information provided by you, block access to the Platform, and/or deactivate your Platform account for violation of these Terms.

15. Export Control. You acknowledge that your use of the Platform is subject to the United States government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Platform and any associated software. You agree that you will not directly or indirectly use, export, re-export, or transfer the Platform except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use the Platform in any embargoed or sanctioned country such as Iran, North Korea, Sudan, and Syria.

16. Delay or Suspension of Service. Without limiting any other provision of these Terms, if we or any other Service Provider reasonably believes that your conduct in using Platform constitutes a "Threatening Condition" (including but not limited to, violation of these Terms, violation of any applicable laws, rules, regulations or industry standards, or otherwise poses a threat to any system, equipment, process, intellectual property, or the reputation of us or any Service Provider, we or any such Service Provider may provide you with a notice to cease the Threatening Condition. If, in the reasonable and good faith determination of us or any Service Provider, the Threatening Condition poses an imminent or actual threat (including regulatory investigation, inquiry or penalty) to us or any Service Provider or its systems, equipment, processes, or intellectual property, you agree that we or any other Service Provider may suspend any and all use of the Platform without notice.

17. Legal Compliance. Y ou acknowledge, consent, and agree that BMO may access, preserve, and disclose content you provide us if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by our Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process (e.g., a subpoena, court order, or warrant); (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of BMO, our agents and affiliates, our users, and the public; or (5) to address your requests.

In addition, please note that BMO is not in the business of providing professional services or legal, tax, or other advice through or relating to this Platform. Please consult your Lender and/or your professional advisors with questions relating to your use of the Platform.

18. Termination

18.1 Modification of Platform . BMO reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof), with or without notice. You agree that BMO shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

18.2 Termination . These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Platform at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Platform (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) activities related to protecting the rights, property, or safety of BMO, our agents and affiliates, or our users and the public, or (g) if you provide any information, including BMO Account Credentials or Data Retrieval Information, that is false, inaccurate, out-of-date, or incomplete. If we terminate your right to access the Platform, these Terms will terminate and all rights you have to access the Platform will immediately terminate; however, certain provisions of these Terms will still apply post-termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions. Termination of your Platform account may also include, at BMO’s sole discretion, the deletion of your Platform account and/or content.

You may voluntarily terminate your use of the Platform and withdraw your consent to these Terms by calling us at a number listed at the beginning of these Terms. If you terminate your access and/or withdraw your consent to these Terms, you will no longer have access to the Platform.

19. Warranties And Disclaimers. You expressly understand and agree that:

(a) your use of the Platform is solely at your own risk. BMO does not make any representations or warranties concerning any content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform. We make no representations or warranties regarding suggestions or recommendations of products or services offered or purchased through the Platform. products and services offered or purchased (whether or not following such recommendations and suggestions) through the Platform are provided "as is" and without any warranty of any kind from BMO or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product or service). the Platform is provided on an "as-is" basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Platform will be uninterrupted or error-free.

(b) any content downloaded or otherwise obtained through the Platform is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system, mobile device, software, technology or loss of data that results from the download or use of any such content.

(c) no advice or information, whether oral or written, obtained by you from BMO or through or from the Platform shall create any warranty.

(d) BMO makes no representation, warranty, guarantee, or promise that the products, services, or Platform will meet your requirements or achieve any particular results.

20. Limitation Of Liability. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall BMO be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to BMO in connection with the Platform in the twelve (12) month period preceding this applicable claim.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

In the event that you have a dispute with any third party, you agree that BMO is under no obligation to become involved on your behalf. You release BMO, and our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way relating to such disputes and/or the Platform.

In the event of a system failure or interruption, your data may be lost or destroyed. Any transactions or document submissions that you initiated or were in the process of completing or completed before a system failure or interruption should be verified by you through means other than through the Platform to ensure the accuracy and completeness of those transactions. You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.

21. Indemnification. You agree to indemnify, defend, and hold BMO, and its affiliates, officers, directors, employees, consultants, agents, other Service Providers and licensors ("Covered Parties") harmless from any and all third party claims, actions, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to or through the Platform; (b) any fraud, manipulation or other breach of these Terms by you; (c) any third party claim, action or allegations brought against a Covered Party arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (d) your violation of any law or rights of a third party; or (e) use of the Platform or use of your account by any third party. BMO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BMO in asserting any available defenses. You will not settle any action or claims on any Covered Party’s behalf without the prior written consent of BMO.

22. Waiver. We may waive any term or provision of these Terms at any time or from time to time. We will not be deemed to have waived any of our rights or remedies with regard to these Terms, unless our waiver is in writing and signed by an authorized officer of BMO, or its affiliates. No delay or omission on our part in exercising any rights or remedies will operate as a waiver of those rights or remedies or any other rights or remedies. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

23. Limitations on Indemnities and Waivers. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Sections 21 and 22. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Sections 21 and 22 specifically do apply to you.

24. Controlling Law; Severability; Headings. These Terms will be interpreted in accordance with federal law applicable to us and. to the extent not preempted by federal law, the laws of the State of Illinois, without regard to its conflict-of-law provisions. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Cook County, Illinois, or the Northern District of Illinois. If any part of these Terms is considered invalid, it shall be enforced as effectively as possible while all other provisions remain in full effect. The headings in these Terms are for convenience or reference only and do not govern the interpretation of provisions of the Terms.

25. Force Majeure . Under no circumstances shall BMO or our licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.

26. No Waiver . No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of BMO to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.

27. Third-Party Beneficiaries . You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

28. Statute of Limitations . Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

29. Assignment. You may not assign these Terms to any other party. We may assign these Terms or delegate or transfer any or all of our rights and responsibilities under the Terms to any Service Provider.

30. Survival. All applicable provisions of these Terms shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, limitations of liability, and indemnification.

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