Landmark Credit Union has partnered with Blend Labs, Inc. for application management services. The following agreement, and other agreements mentioned below, govern your usage of the Blend platform and are between you and Blend Labs, Inc.

Landmark Credit Union Terms for Online Account Opening and Loan Applications:

These Landmark Credit Union (“Landmark”) Terms for Online Account Opening and Loan Applications (“Terms”) contain terms and conditions that apply to your use of Landmark’s Online Account Opening and Loan Application service (the “Platform”) and are in addition to other agreements and disclosures that apply to your loan application or use of the Platform. 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 Landmark. 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 an account or 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. Except as otherwise defined herein, as the following terms shall have the meanings given to them in this section:

"We," "our" and "us" mean Landmark, 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 with 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 for the purpose of applying for a loan you must be, and represent and warrant that you are, eligible for membership with Landmark, competent to assent to the formation of a contract and are of legal age (18 years of age or older or otherwise of legal age in your jurisdiction), competent to assent to the formation of a contract and are eligible for membership with Landmark. If Landmark has previously prohibited you from accessing the Platform, you do not have permission to access or use the Platform.

To use the Platform for the purpose of opening a deposit account you must be, and represent and warrant that you are eligible for membership with Landmark and are either: a) 18 years of age or older or otherwise of legal age in your jurisdiction) competent to assent to the formation of a contract; or b) 14 years of age or older and have a parent or legal guardian who is competent to assent to the formation of a contract to act as a co-owner on your account. If Landmark has previously prohibited you from accessing the Platform, you do not have permission to access or use the Platform.

2.2 Use Outside the United States of America. The Platform is controlled and offered by Landmark from the United States of America. Landmark 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 locations other than the United States do so at their own risk and are responsible for compliance with local laws and regulations.

The products and services described herein are only offered to persons who are eligible for membership with Landmark and in jurisdictions where such products or services may be legally offered. Not all services are available in all locations, and you understand that the described products and services are intended for persons eligible for Landmark membership who are located in the United States. You also understand that Landmark 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 by telephone at 262-796-4500 or by mail at P.O. Box 510870, New Berlin, WI 53151-0870, 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. Landmark will not be liable for any loss, damage, liability, expense or attorneys’ fees that you may incur as a result of someone else using your Landmark 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 any loss, damage, liability, expense and attorneys’ fees incurred by Landmark 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. Landmark 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 accurate, current and complete information about yourself, and you agree not to misrepresent your identity. This includes, but is not limited to, name, social security number or tax identification number, address, phone numbers and email addresses. Changes can be made online or by calling us at 262-796-4500. Your use of the Platform may be suspended or terminated if we cannot verify your identity or determine that you have misrepresented your identity in any way.

4.1 Account Information. Where available, for the purpose of completing your application, Landmark 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 the Landmark Privacy Policy. By using the Platform, you expressly authorize Landmark 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 Landmark 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 Landmark and our agents a limited power of attorney, and appoint Landmark and our agents as your attorney-in-fact and agent, to use Data Retrieval Information you provide, to access third-party websites 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. Landmark cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or in loss of data. Further, Landmark does not assume responsibility for the timeliness, accuracy, deletion or non-delivery of, or failure to store, any data.

4.2 Data Retrieval Information. By providing information about yourself, including account credentials for accessing your Landmark account(s) and/or loan applications 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 Landmark and our agents for the purpose of providing the Platform functionality. You represent that you are entitled to provide the Data Retrieval Information to Landmark to use for the purpose of providing the Platform, without any obligation by Landmark to pay any fees or be subject to any restrictions or limitations. You hereby authorize and permit Landmark 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 Landmark to provide the Platform. Landmark will store Data Retrieval Information in encrypted form, and will use the Data Retrieval Information in accordance with these Terms and our Privacy Policy.

4.3 Right to Provide Account Information. You represent and warrant to us that you have all rights to the Account Information that you provide to us via the Platform. You are responsible for the accuracy and completeness of the Account Information you provide. You, and not Landmark, are liable in the event that such Account Information is not accurate or complete. You agree that you will indemnify, defend and hold harmless Landmark for all claims resulting from your unauthorized access to Account Information, or for any inaccurate or incomplete 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 Landmark. Anything you upload, share, store or otherwise provide, including 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 Landmark 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 Landmark a license to aggregate and/or de-identify the information you provide, which Landmark 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 Landmark Privacy Policy.

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 website. 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 LANDMARK 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.

4.6 Contact by Cellular Telephone. By providing a telephone number for a mobile or cellular device, including a number that you later convert to a mobile or cellular device number, you expressly consent 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 Landmark and our affiliates and agents at that number. This express consent applies to each mobile or cellular 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 262-796-4500 or P.O. Box 510870, New Berlin, WI 53171-0870. Please see Landmark’s Online and Mobile Information Practices and Privacy Notice to learn more about how Landmark uses and shares your information.

When using services offered through the Platform, 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.

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 Landmark Privacy Policy.

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 Login Credentials and controlling access to the devices that you use to access the Platform. For the purposes of these Terms, "Login 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 Login 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 Login 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 Login 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 Login 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 Login 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 262-796-4500, in which case we may need to block online and mobile access to your account until we issue new Log-in Credentials.

Contact Landmark 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 has or may attempt to use the Platform without your consent.

9. Tools and Calculators. 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.

10. Links to Other Internet Sites. The Platform or Landmark’s website may contain links to other websites 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 Landmark’s control, and we are not responsible for the availability, content, products, services, advertising or other materials available on any third-party website. The privacy policies of third-party websites may provide less security than Landmark’s web site. Accordingly, you should read the third-party's privacy policy before sharing any information with that third party.

All matters concerning third party websites or 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.

11. 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.

12. Intellectual Property Rights

All content connected with the Platform (i.e. our websites and mobile applications) are the exclusive property of Landmark, 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 Landmark, 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 Landmark, 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 Landmark 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 Landmark 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 Landmark, at all times be and remain the sole and exclusive property of Landmark.

You may not use any of Landmark’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 Landmark’s consent, and you acknowledge that you have no ownership rights in or to any such items.

13. 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 Landmark;

· 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 Landmark 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 Landmark;

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

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

Landmark 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.

14. 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.

15. 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 or intellectual property, 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.

16. Legal Compliance. You acknowledge, consent and agree that Landmark 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 Landmark, our agents and affiliates, our users and the public; or (5) to address your requests.

In addition, please note that Landmark 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.

17. Termination

17.1 Modification of Platform. Landmark 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 Landmark shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Platform.

17.2 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 Landmark, our agents and affiliates, or our users and the public, or (g) if you provide any information, including Landmark 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 Landmark’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 262-796-4500. If you terminate your access and/or withdraw your consent to these Terms, you will no longer have access to the Platform.

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

(a) your use of the Platform is solely at your own risk. Landmark 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 Landmark 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 Landmark or through or from the Platform shall create any warranty.

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

19. 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 Landmark 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 Landmark 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 Landmark is under no obligation to become involved on your behalf. You release Landmark, 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.

20. Indemnification. You agree to indemnify, defend and hold Landmark, 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. Landmark 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 Landmark 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 Landmark.

21. 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 Landmark, 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.

22. 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 17 and 18. 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 17 and 18 specifically do apply to you.

23. 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 Wisconsin, 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 Waukesha County, Wisconsin. 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.

24. Force Majeure. Under no circumstances shall Landmark 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.

25. 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 Landmark to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.

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

27. 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.

28. 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.