U.S. Bank Loan Portal Agreement

Welcome

The U.S. Bank Loan Portal, powered by Blend Labs, Inc., allows you to apply for a mortgage online. This U.S. Bank Loan Portal Agreement (“Agreement”) governs your relationship with U.S. Bank in connection with your online loan application.

This Agreement is revised periodically, and it may include changes from earlier versions. By using the U.S. Bank Loan Portal, you agree to the most recent version of this Agreement.

Privacy & security

Protecting your privacy is important to us. All information gathered from you in connection with the U.S. Bank Loan Portal will be governed by the provisions of the U.S. Bank Consumer Privacy Policy and the Blend Labs, Inc. Consumer Privacy Policy.

Protecting your log-in credentials

Prevent unauthorized access by keeping your Log-in Credentials confidential and ensure that you log out of the U.S. Bank Loan Portal when you are finished.

If you give another person or business access to the U.S. Bank Loan Portal by sharing your Log-in Credentials, you agree that each such third-party will be authorized to act on your behalf and will be bound by this Agreement. We are not responsible for managing the authority of your third-party relationships, or the use of the U.S. Bank Loan Portal by an authorized third-party using your Log-in Credentials. Any activity performed using your Log-in Credentials, even if not specifically intended by you, will be presumed to be authorized by you. If you have shared your Log-in Credentials with a third-party, and wish to revoke such access, you must contact us to block access to the U.S. Bank Loan Portal until new Log-in Credentials are established.

Managing your contact information

Your use of the U.S. Bank Loan Portal may be limited, suspended, or terminated if you do not maintain accurate contact information or if we cannot verify your identity. Changes to your contact information may be made within the U.S. Bank Loan Portal or by contacting us. .

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 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 fees from your mobile services provider.

Monitoring and recording communications

We may monitor and/or record any communications between you and us for quality control and other permitted business purposes. This monitoring or recording may be done without any further notice to you or anyone acting on your behalf.

Additional terms of use

Content you provide

By submitting information, materials, and other content through the U.S. Bank Loan Portal, you are licensing that content to us and Blend Labs, Inc. for use in processing your loan application. You represent that you are entitled to submit this information for use for this purpose, without any obligation by us or Blend Labs, Inc. to pay any fees or be subject to any restrictions or limitations..

Fees

There is no fee to use the U.S. Bank Loan Portal. Any fees that may apply to your loan application (i.e., origination fees) will be described within your Loan Estimate..

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.

Limitations

The functionality of the U.S. Bank Loan Portal may be limited depending on your access method or access device.

We may use a calculated income amount instead of your actual income amount to evaluate your application. The use of a calculated income may result in certain limitations. You are responsible for notifying us if you would like your application evaluated based on your actual income instead of a calculated income by contacting your loan originator.

Other agreements

This Agreement is in addition to other agreements and disclosures that apply to your use of the U.S. Bank Loan Portal (i.e., the Blend Consumer Terms of Use that govern the use of the online platform). If there is a conflict between this Agreement and the terms and conditions of any disclosures or agreements that specifically addresses your online loan application, this Agreement will control in resolving those inconsistencies.

Equipment

You are responsible for and must provide all mobile devices, computers, and/or other equipment, software (other than any software provided by us), and services necessary to access the U.S. Bank Loan Portal. You may need additional software that is capable of opening PDF files (such as Adobe Acrobat) to view, print, and/or save electronic versions of your documents.

No illegal use

The U.S. Bank Loan Portal and the associated loan products are intended for customers that are at least 18 years old or otherwise able to lawfully enter into contracts under applicable law. You agree not to use the U.S. Bank Loan Portal to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound.

Changes in terms of use

We reserve the right to modify this Agreement at any time. You will receive notice in accordance with applicable law when any changes are made that materially affect your rights. By continuing to use the U.S. Bank Loan Portal, you agree to the most recent version of this Agreement.

Intellectual Property

The trademarks, logos, and service marks displayed in connection with the U.S. Bank Loan Portal are the registered and unregistered trademarks of U.S. Bank. Under no circumstances may you use, copy, imitate, alter, modify or change these trademarks. Nothing contained on, in or otherwise connected with the U.S. Bank Loan Portal should be construed as granting (by implication or otherwise) any license or right to use any trademark without the express written permission of U.S. Bank, 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 the U.S. Bank Loan Portal (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..

Limitation of liability; indemnification

In no event will we be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages), whether caused by or resulting from (1) the use or the inability to use the U.S. Bank Loan Portal; (2) any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorized access to your information; (3) errors, inaccuracies, omissions, or other defects in information or content provided by, contained within, or obtained through the U.S. Bank Loan Portal, or (4) any other failure, action, or omission.

You agree to indemnify, defend, and hold us 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 (1) 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 U.S. Bank Loan Portal; (2) any fraud, manipulation or other breach of this Agreement by you; (3) any third-party claim, action or allegations brought against us 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; (4) your violation of any law or rights of a third party; or (5) use of the U.S. Bank Loan Portal by any third party. We reserve the right, at our 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 us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent.

Accessing the U.S. Bank Loan Portal from outside the United States

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 U.S. Bank is based in the United States, and only accepts U.S. currency.

We do not make any representations that any content or use of the U.S. Bank Loan Portal is appropriate or available for use in locations outside of the United States and accessing the U.S. Bank Loan Portal from territories where any content or use of any Service is illegal is prohibited. If you choose to access the U.S. Bank Loan Portal from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws. Additionally, you understand and agree that your access to this portal from outside the United States will not subject U.S. Bank to the laws of any other jurisdiction.

Waiver

We will not be deemed to have waived any of our rights or remedies with regard to this Agreement unless our waiver is in writing and signed by our authorized officer. No delay or omission on our part in exercising any rights or remedies will operate as a waiver. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

Severability and headings

If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or the validity or enforceability of any other provision in that or any other jurisdiction.

The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the Agreement.

Assignment

You may not assign your obligations under this Agreement to any other party and we will not honor any such assignment. We may assign this Agreement and you agree that we have the right to delegate to service providers all of the rights and performance obligations that we have under this Agreement, and that the service providers will be third-party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

Authority

If you are agreeing to the terms of this Agreement on behalf of an organization, entity, co-applicant, or as a third-party agent of the loan applicant, you represent and warrant that you are authorized to agree to terms of this Agreement on behalf of that organization, entity, applicant or co-applicant (as applicable) and bind that organization, entity, applicant or co-applicant (as applicable) to this Agreement.

Definitions

The following definitions apply in this Agreement:

The words “we,” “our,” and “us” mean U.S. Bank National Association (“U.S. Bank”), and respective affiliates, employees, successors, and assigns.

The words “you” and “your” means the person or persons that accesses or uses the U.S. Bank Loan Portal

“Log-in Credentials” means your personal ID, password, and any other unique biometric attribute (such as facial recognition or fingerprint) use to access the U.S. Bank Loan Portal.