This website (the "Website") is an online information service provided by Bank of Montreal (“BMO”) in respect of its vault-based bullion programs (the "Programs"). The use of the Website by you is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING THE WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS SET OUT BELOW. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THE WEBSITE OR ANY PAGES THEREOF. BMO MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE WEBSITE.
All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclosure, disclaimers or restrictions apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
No Offer or Solicitation
The information available on the Website is not intended to be construed as an offer to sell or a solicitation to buy or sell any products or services of any kind whatsoever including without limitation securities or any other financial instrument in any jurisdiction.
Nothing on the Website constitutes a solicitation or offer by BMO to buy or sell products or services of any kind. The Website has been provided to make available information and details regarding the Programs and otherwise assist you in making an investment decision with respect to the purchase of bullion (“Bullion”) under the Programs.
No securities commission or similar authority has in any way passed upon the merits of any information contained on the Website and any representation to the contrary may be unlawful.
Restrictions on Sales
The information on the Website does not constitute, and may not be used for the purposes of making, an offer to sell Bullion or a solicitation to buy Bullion (a) by anyone in any jurisdiction in which such offer or solicitation is not authorized or (b) to any person to whom it is unlawful to make such offer or solicitation. The use of this information by any person for the purpose of making an offer to sell Bullion or a solicitation to buy Bullion may only be undertaken by persons legally permitted and authorized to sell the Bullion.
The information provided on this web site is intended for informational purposes only and is not intended to constitute investment, financial, regulatory, legal, tax or accounting advice and you should not rely on the information in the Website for such advice. Many factors unknown to BMO may affect the applicability of any statement or comment made on the Website to your particular circumstances. If you are an individual investor, you should consult directly with your investment or financial professional or other advisors before acting on any information on the Website. You should decide whether to participate in the Program only after carefully considering with your investment or financial advisor whether Bullion is a suitable holding in light of the information in the Disclosure Statement and the Terms and Conditions therein (including the risk factors) relating to the Program and available upon request from BMO, having regard to your investment objectives and expectations. BMO makes no recommendation concerning Bullion, or the suitability of holding Bullion as an investment.
Value of Bullion is Not Guaranteed
An investment in Bullion is speculative. Past performance of the price of bullion is not indicative of future performance. Neither BMO nor any of its affiliates provide any guarantee as to the value of Bullion, which may be affected by many international, economic, monetary and political factors, many of which are unpredictable.
No Deposit Insurance
The Bullion under the Programs will not constitute deposits that are insured under the Canada Deposit Insurance Corporation Act or any other deposit insurance regime.
"BMO (M-bar roundel symbol)" and "BMO" are registered trade-marks of Bank of Montreal. "Nesbitt Burns" is a registered trade-mark of BMO Nesbitt Burns Corporation Limited used under license.
Use of Website Contents
Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written consent of BMO is prohibited, unless otherwise specified.
Links to Third Party Websites
Links to other websites or references to products, services or publications other than those of BMO on the Website do not imply the endorsement or approval of such websites, products, services or publications by BMO. It is your responsibility to ensure that you review and agree to the terms and conditions applicable to such website before using it. BMO expressly disclaims any liability regarding links to other websites or any information, products, or services that they contain.
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. BMO cannot ensure the privacy and authenticity of any information or instructions you send to us or that we send to you over the Internet. BMO will not be responsible for any damages you may incur if you communicate confidential information to us over the Internet or if we communicate such information to you at your request. The use of the Website or any e-mail communication to anyone at BMO does not give rise to, or influence or support the creation or continuation of, a client relationship notwithstanding receipt of such communication.
Accuracy and Changes
Facts and information provided on the Website are believed to be accurate at the time they are posted. However, the Website could include inaccuracies, typographical errors, or out-of-date information. Changes may be made at any time to the information on the Website without prior notice.
Warranties and Disclaimers
BMO intends for the contents on the website to be accurate and reliable, however, since the content has been compiled by BMO from a variety of sources, the website and the contents herein are provided to you on an "as is" and "as available" basis. BMO does not warrant that the use of the website will be uninterrupted, error-free, stable or suitable. BMO makes no warranties of any kind, either express or implied about the website, its availability, or its operation, including without limiting the generality of the foregoing, warranties of merchantability, fitness for a particular purpose, non-infringement or those arising bylaw, statute, usage of trade, or course of dealing.
Limitation of Liability
BMO makes no warranty or representation as to the accuracy, quality or completeness of any information on the Website. BMO expressly disclaims all warranties and conditions including merchantability and fitness for a particular purpose, and also disclaims any liability for loss or damages which result directly or indirectly from the use in any form of any of the information on the Website including any personal information provided by you. Users assume all risks concerning the suitability to their needs and the accuracy of information on the Website and any publications therein. BMO expressly disclaims any liability regarding links to other websites or any information, products, or services that they contain.
IN NO EVENT, IN REGARD TO THE WEBSITE OR ANY OTHER THIRD PARTY-LINKED WEBSITE, WILL BMO BE LIABLE TO ANY PARTY FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, LOSS PROFITS, BUSINESS INTERRUPTION AND LOSS OF DATA, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE.
BMO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE WEBSITE (NOR WITH ANY THIRD PARTY-LINKED WEBSITE), INCLUDING, WITHOUT LIMITATION, (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION PROVIDED ON THE WEBSITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF BMO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION FINDS THAT THE ABOVE LIMITATION DOES NOT APPLY TO YOU, BMO'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and protect BMO from any and all liabilities, costs and expenses including reasonable legal fees, related to any violation of this Agreement by you or in connection with the use of the Website or the placement or transmission of any information or contents on the Website by you.
Any products or services mentioned on the Website are made available only in accordance with local law (including applicable securities laws) and only where they may be lawfully offered for sale.
BMO controls the Website (excluding linked websites) from its offices within Ontario. By accessing the Website you and BMO agree that the Website Agreement and all matters relating to your access to, or use of, the Website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You and BMO also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. BMO makes no representation that contents of the Website are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal or prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BMO may assign its rights and duties under this Agreement to any party at any time without notice to you.
If, for any reason whatsoever, any terms and conditions of this Agreement are deemed by a court to be void, voidable or otherwise unenforceable, such determination shall not affect the remaining provisions hereof.
BMO's failure to insist upon or to enforce strict performance of any provision of the Website shall not be construed as a waiver of any provision or right.
BMO reserves the right to change or remove any content from the Website, in whole or in part, at its sole discretion, at any time, without notice.
For the purposes of the Website Agreement, BMO shall include its related or affiliated partnerships, its partners, principals, employees, agents and authorized representatives and includes affiliated corporations and their respective officers, directors, shareholders, employees, agents and authorized representatives.