Covered BondsBEFORE ENTERING THIS SITE, PLEASE READ CAREFULLY THE FOLLOWING IMPORTANT TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO, AND USE OF, THIS SITE, AND ACKNOWLEDGE YOUR AGREEMENT OF THEM. IF YOU AGREE TO THE TERMS, CLICK "I AGREE" AT THE END OF THIS DOCUMENT TO ENTER THIS SITE. IF YOU CLICK "I DO NOT AGREE" YOU WILL NOT BE ABLE TO ACCESS THIS SITE.
You (the User) acknowledge and agree to the terms and conditions and agree not to undertake any act or omission that would constitute a breach of these Terms and Conditions.
Access and use of this site (the Site) is conditional upon agreement to and compliance with these Terms and Conditions of Access to the Site (the Terms and Conditions).
1. Access to and use of the Site
1.1 The materials on the Site are directed, in the UK and in other EEA countries, to persons regarded as market counterparties and intermediate customers and not to private customers, as defined by the rules of the Financial Services Authority, who should not rely on the Site. Moreover, any investment or services to which the Site may relate will not be made available to such private customers. The materials on the Site are intended for use by authorised users only and may not be published, copied or distributed to any other person.
1.2 Nothing in the Site is, or is to be construed as an offer of or invitation to subscribe for, underwrite or purchase securities in any jurisdictions in which such offer is or may be prohibited, restricted or subject to any requirement for filing, authorisation, license or consent.
1.3 The User agrees that it has not made and will not make any offer of securities referred to on the Site (Securities) other than in accordance with applicable law and regulation.
1.4 Nothing in the Site constitutes an offer of securities for sale in the United States. The Securities may not be offered or sold in the United States absent registration or an exemption from registration under the Securities Act of 1933, as amended (the Securities Act). It is not intended that the Securities will be registered under the Securities Act or any U.S. state securities laws.
1.5 The User will use the Site solely for its own internal use in accordance with the terms and conditions of these Terms and Conditions.
1.6 The User will not engage in any activities related to the Site that are contrary to applicable law or regulation or the terms of any agreements between the User and Bank of Montreal (BMO).
1.7 The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
2. Acknowledgements and disclaimers
The User acknowledges and agrees to the following:
(a) No duty to update or correct materials. Neither BMO nor any other party has any duty to maintain or update any such materials. Historic performance information with regard to any security is no indication of its future performance.
(b) Changes to materials. BMO may remove or make changes to the materials available on the Site at any time.
(c) BMO Positions. BMO may have its own interests in relation to the issuers or any affiliates of the issuers of Securities or transactions mentioned on the Site.
(d) Disclaimer of Advice. Except as otherwise expressly stated, the Site does not purport to provide any financial, investment, tax, accounting or legal advice or recommendation.
(e) Click Through. Any acknowledgment, agreement or other type of click through button on the Site that is selected to evidence agreement or an acknowledgement shall have the same force and validity as a paper copy of an agreement that has been manually signed and delivered.
(f) Discontinuance and disruption of service. BMO or its suppliers may discontinue the Site at any time.
(g) Regulation S and Rule 144A. The User is either (a) not a "U.S. person" as that term is defined in Regulation S under the Securities Act and is not in the United States or (b) a "qualified institutional buyer" as that term is defined in Rule 144A under the Securities Act.
3. Unauthorised Use.
Unauthorised use of the Site including but not limited to unauthorised entry into such entities' systems, or misuse of any information posted to the Site, is strictly prohibited.
4. Limitation of Liability
4.1 BMO and third party data providers are not responsible for any errors in or omissions from the information contained in or accessed through the Site (including all information, tools and materials contained on the Site).
4.2 The Site may contain forward-looking statements. All such statements are made pursuant to the “safe harbor” provisions of, and are intended to be forward-looking statements under, the United States Private Securities Litigation Reform Act of 1995 and any applicable Canadian securities legislation. By their nature, forward-looking statements require BMO to make assumptions and are subject to inherent risks and uncertainties. There is significant risk that predictions, forecasts, conclusions or projections will not prove to be accurate, that BMO’s assumptions may not be correct and that actual results may differ materially from such predictions, forecasts, conclusions or projections. BMO cautions Users not to place undue reliance on its forward-looking statements as a number of factors could cause actual future results, conditions, actions or events to differ materially from the targets, expectations, estimates or intentions expressed in the forward-looking statements. The future outcomes that relate to forward-looking statements may be influenced by many factors, including but not limited to: general economic and market conditions in the countries in which BMO operates; currency value fluctuations; changes in monetary policy; the degree of competition in the geographic and business and market areas in which BMO operates; changes in laws; judicial or regulatory proceedings; the accuracy and completeness of the information BMO obtains with respect to its customers and counterparties; BMO’s ability to execute its strategic plans and to complete and integrate acquisitions; critical accounting estimates; operational and infrastructure risks; general political conditions; global capital markets activity; the possible effects on BMO’s business of war or terrorist activities; disease or illness that affects local, national or international economies; disruptions to public infrastructure, such as transportation, communications, power or water supply; and technological changes. BMO cautions Users that the foregoing list is not exhaustive of all possible factors. Other factors could adversely affect BMO’s results. For more information, Users should review the discussion contained in BMO’s most recent annual report concerning the effect certain key factors could have on BMO’s actual results. When relying on forward-looking statements to make decisions with respect to BMO, investors and others should carefully consider these factors, as well as other uncertainties and potential events, and the inherent uncertainty of forward-looking statements.
4.3 Except as may be otherwise expressly provided by written agreement between BMO and the User, BMO will have no tort, contract or any other liability to the User or any third party arising in connection with the use of the Site, or reliance on any information or services provided at this Site.
4.4 BMO will under no circumstances be liable to the User or any third party, regardless of the form of action, for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, even if BMO has been advised of the possibility of such damages.
5. Governing Law.
5.1 These Terms and Conditions will be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein.
5.2 The courts of the Province of Ontario will have jurisdiction to settle any disputes which may arise in connection with these Terms and Conditions.