This Terms of Service (this “Agreement”) is made by and between BMO Harris Bank N.A., a nationally chartered bank headquartered in Chicago, Illinois (“BMO Private Bank”), and the customer of this web site (“Customer”). This Agreement sets forth the general terms and conditions of Customer’s access to and use of this web site (the “Service”). By clicking “I Accept” on the Customer Site (as defined below), Customer agrees to all of the terms and conditions of this Agreement.
Customer acknowledges that, as the Service changes, Customer may be required to agree to additional terms and conditions as a condition to continued use of the Service. Customer further acknowledges that BMO Private Bank may change the terms and conditions applicable to use of the Service, but BMO Private Bank will obtain Customer’s agreement to such changed terms and conditions by presenting a revised Terms of Service to Customer for acceptance. If Customer refuses to accept the revised Terms of Service, BMO Private Bank has the right to immediately terminate Customer’s access to and use of the Service.
Privilege to Access and Use the Service
During the term of and subject to the terms and conditions of this Agreement, Customer may access and use those aspects of the Service intended for access and use by Customers (the “Customer Site”). Customer shall not (1) access or use any aspect of the Service other than the Customer Site; (2) access or use the Service for any purposes other than personal use; or (3) access or use the Service in any unlawful manner or in violation of this Agreement.
Consumer understands, acknowledges and agrees that:
The financial advisor of BMO Private Bank (the “Advisor”) has authorized Customer to access and use the Customer Site. The Advisor or BMO Private Bank may at any time, in their respective sole discretion, terminate such authorization and Customer’s continued use of the Service.
The Customer Site is provided solely as a convenience to Customer.
Neither the Customer Site nor BMO Private Bank’s technology vendors provide any advice regarding insurance or securities or any other financial planning or other financial advice.
BMO Private Bank’s technology vendors are not responsible for and shall not be held liable for any advice given or recommendations made by the Advisor with respect to any financial, insurance, planning or other matter, regardless of whether Customer relied on such advice or the Service.
BMO Private Bank does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Customer must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer hardware and software.
Customer is responsible for obtaining his or her own hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use the Service and for payment of all fees involved in obtaining such hardware, software and services.
Customer shall be solely responsible for safeguarding his or her login credentials such as User Name and Password. Customer must immediately notify the Advisor if his or her login credentials are compromised. Neither BMO Private Bank nor its technology vendors shall have any liability for any loss, claim, or other damages that result from unreported, unauthorized use of Customer’s log on credentials.
Account Aggregation Service (referred to as "Connections")
The Service currently provides an account aggregation function called “Connections” that allows Customer to view, in a single location on the Customer Site, consolidated financial information from such accounts that Customer maintains at various financial institutions as Customer may designate from time to time (“Outside Accounts”).
To use the account aggregate function, Consumer understands and agrees that:
The function is not available for all types of accounts and/or for all financial institutions.
Financial institutions change their web sites from time to time. As a result an Outside Account that was available may cease to be available to the Service. Neither BMO Private Bank nor its technology vendors have any control over this situation and have no obligation to restore the availability of the Outside Account on the Customer Site.
Customer is responsible for designating the Outside Accounts information which Customer desires to aggregate.
For each available Outside Account that Customer desires to aggregate on the Customer Site, Customer must provide BMO Private Bank’s third party aggregation vendor with the necessary login credentials to access the Outside Account such as username and password. Customer will provide this information through such function and process as BMO Private Bank’s technology vendors may determine from time to time.
The account aggregation function will access the web site maintained by each third-party financial institution for each Outside Account designated for aggregation in order to retrieve and store the account information within the Outside Account.
Customer grants BMO Private Bank and its technology vendors authority, with respect to each Outside Account designated for aggregation, the rights to (1) use the login credentials for such Outside Account in order to access the account information within such Outside Account; (2) retrieve the account information within the Outside Account and (3) store the account information so retrieved and display such information to Customer and the Advisor.
For each Outside Account designated for aggregation, Customer represents and warrants that (1) Customer is the legal owner of the account; (2) Customer has the right to disclose his or her login credentials for such Outside Account; and (3) Customer has the right to grant the foregoing authorization.
Neither BMO Private Bank nor its technology vendors are responsible for any acts, errors, or omissions by the financial institutions at which Customer maintains an Outside Account, or for the accuracy of the information provided by such institutions.
BMO Private Bank and its technology vendors will use [standard of care] with regard to the login credentials provided by Customer and will have no liability for any other person’s unauthorized access to Customer’s Outside Accounts.
BMO Private Bank may terminate the account aggregation function at any time without notice to Customer.
The Service currently provides a service known as the Vault which allows Customer to store and retrieve documents on the Customer Site. To add a document to the Vault, Customer must provide a copy of the document to the Advisor if that document is to be added to a folder contained in the Vault other than a private folder to which the Customer may have access. The Advisor is responsible for uploading the document to the Vault and organizing Customer’s documents in the Vault into separate electronic “folders.” Customer understands and agrees that Customer will have “view only” access to materials in the Vault that the Advisor has added and that any addition, deletion, modification or organization of Customer’s documents in the Vault must be processed through the Advisor.
Consumer understands and agrees that:
For each document stored in the Vault, Customer represents and warrants that Customer lawfully possesses such document and has the authority to have the document uploaded, stored and made retrievable to and from the Vault.
Customer is solely responsible for the content of any document that Customer provides for inclusion in the Vault. Customer agrees not to use the Vault to store any document or information that is unlawful, offensive, indecent, or otherwise actionable by any third party.
Neither BMO Private Bank nor its technology vendors are responsible for any use or dissemination of Customer’s documents by any third parties to whom Customer or the Advisor grants authorization to view his or her documents.
The document storage function is provided to Customer as a convenience and may be terminated at any time.
The documents retained in the document storage service should not be Customer’s sole copy of such documents.
Customer is responsible for retaining originals of the documents he or she chooses to store in the Vault.
BMO Private Bank has no liability to Customer or to Customer’s agents, trustees, guardians, conservators, heirs or assigns for the loss, destruction of or damage to the documents retained in the document storage function.
In addition to the user roles of Advisor and Customer, the Service also provides a user role that allows other service providers to Customer, such as Customer’s banker, accountant or attorney (known as "Alliance Partners"), to access and view all of the information stored by the Service in relation to Customer. For example, the Alliance Partner role allows Customer to direct the Advisor to permit Customer’s family lawyer access to Customer’s information in the Service to assist with estate planning and other needs.
Consumer understands and agrees that:
Alliance Partner usage is arranged solely through the Advisor including the creation and assignment of the Alliance Partner’s login credentials. Therefore, it is the responsibility of Customer and the Advisor to determine whether and for how long to allow any Alliance Partner to access Customer’s information.
Unless and until the Advisor revokes the access privileges of an Alliance Partner, Customer hereby consents to allowing such Alliance Partner to access and view any and all of Customer’s information stored in the Service.
Neither BMO Private Bank nor any of its technology vendors shall be liable for any act or omission on the part of the Advisor in relation to Alliance Partners or any act or omission of the Alliance Partner.
The Alliance Partner function is provided to Customer as a convenience and may be terminated at any time.
Other Terms and Conditions
Customer may terminate use of the Service at any time by contacting the Advisor. Once Customer has terminated use of the Service, Customer will have no further access to the Services and all documents retained in the document storage service will be deleted.
BMO Private Bank may modify or discontinue offering the Services at any time, with or without notice, for any reason or no reason.
The Service may provide links to web sites and include embedded videos that are not operated or hosted by BMO Private Bank or any of its technology vendors. BMO Private Bank provides these links and/or videos for Customer’s convenience and may be removed at any time. BMO Private Bank does not investigate the quality, accuracy or completeness of any content on third party web sites. Customer acknowledges and agrees that BMO Private Bank is not responsible or liable for any content, advertising, products or other materials on or available from third party web sites or embedded videos. Customer is responsible for familiarizing his or herself with the content of such third party websites and /or embedded videos, including the applicable privacy policies related thereto. For more information on BMO Private Bank’s privacy policies, please see the BMO Harris Bank N.A. Privacy Notice.
THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
BMO PRIVATE BANK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, CUSTOMER AGREES THAT BMO PRIVATE BANK’S LIABILITY TO CUSTOMER, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
If any clause or provision set forth in this Agreement is determined to be illegal, invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
BMO Wealth Management is a brand name that refers to BMO Harris Bank N.A. and certain of its affiliates that provide certain investment, investment advisory, trust, banking, securities, insurance and brokerage products and services. BMO Private Bank is a brand name used in the United States by BMO Harris Bank N.A. Member FDIC. Not all products and services are available in every state and/or location. BMO Harris refers to BMO Harris Bank N.A. Investment products are: NOT FDIC INSURED - NOT BANK GUARANTEED - NOT A DEPOSIT - MAY LOSE VALUE.