Notice: Bank of America, N.A.is a debt collector. Bank of America, N.A. is attempting to collect a debt, and any information obtained will be used for that purpose. However, this notice may not apply to you; for additional details, please see Section III of the Home Loan Modification Status website agreement below.
Electronic Communications Disclosure
Please read this Electronic Communications Disclosure ("eCommunications Disclosure") thoroughly - it contains important information about your legal rights.
This eCommunications Disclosure covers your use of this Home Loan Modification Status Website ("modification status website" or "website") made available to you by Bank of America, N.A. and its affiliates (collectively, "Bank of America", "we", "us", and "our"). The words "I", "you" and "your" mean each website user. You may access the modification status website for the sole purpose of providing us with information related to an application for a loan modification you may have placed with us (each, an "application") or any resulting modification agreement or plan ("modification"), and to obtain the status of any such application or modification. These and other terms defined in the eCommunications Disclosure also apply to the Home Loan Modification Status website agreement set forth below.
Effective Date: December 1, 2011
I. Your Legal Rights
Certain laws require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we present this eCommunications Disclosure and obtain your consent to receive it electronically. Your consent will also apply to any other person named in your application and any resulting modification, subject to applicable law. You must consent to this eCommunications Disclosure in order to use the website. At times, we may still present you with paper disclosures, but as a basic proposition we need to know that you are willing to receive disclosures and other information electronically that otherwise must be provided on paper and that you have the hardware and software needed for access to this information (and note that in Section III below, we explain ways to obtain selected disclosures or other information on paper even after you have consented to this eCommunications Disclosure).
II. Types of Electronic Communications You Will Receive
You understand and agree that Bank of America may provide to you in electronic format only, by posting the information on the website, or through e-mail (if applicable and if you have provided a valid e-mail address) agreements, disclosures, notices, and other information and communications regarding your application and modification ("Communications"). Such Communications may include, but are not limited to:
This eCommunications Disclosure and any updates;
The terms and conditions relating to your access to and use of the modification website ("Website Agreement"), all updates to this agreement and all disclosures, notices and other Communications regarding the website;
Disclosures, agreements, notices and other information that may be required by the Truth in Lending Act, the Equal Credit Opportunity Act, Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act or other applicable federal or state laws and regulations;
Our Privacy Policy and other privacy statements or notices (by posting such notices on the website);
Certain tax statements or notices that we are legally required to provide to you, such as the annual IRS interest statements;
Certain information or forms that we request from you and ask you to submit electronically, such as signature cards, W-9s, or other agreements.
III. Types of Communications You Will Receive in Paper
This eCommunications Disclosure does not apply to:
Any notice of default, acceleration, repossession, foreclosure, or eviction, or the right to cure or reinstate or redeem under a credit agreement secured by your primary residence;
Any notice of the cancellation or termination of life insurance benefits (excluding annuities);
Any transactions subject to Article 9 of the Uniform Commercial Code;
Any other communications that Bank of America determines, in its sole discretion, that you should receive in paper rather than electronic form.
Such notices and disclosures shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.
IV. Hardware and Software Requirements
While you may be able to access and retain the Communications using other hardware and software, your personal computer needs to support the following requirements:
An operating system, such as:
o Windows 98, NT, 2000, ME, XP, Vista, or Win 7;
o Macintosh OS 10.x
Access to the Internet and an Internet browser which supports HTML 4.0 and 128bit SSL encryption and Javascript, such as:
o For PC using Windows 98, NT, 2000, ME, XP, Vista, or Win 7
Microsoft Internet Explorer 7.0 and higher
Firefox 3 and higher
Chrome 3.0 and higher
o For Macintosh using OS 10.x
Safari 3.0 and higher
Firefox 3 and higher
Chrome 4.0 and higher
Most Communications provided via the portal are provided either in HTML and/or PDF format. For Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required - A free copy of Adobe Acrobat Reader may be obtained from the Adobe website at www.adobe.com.
In certain circumstances, some Communications may be provided by e-mail. You are responsible for providing us with a valid e-mail address to accept delivery of Communications.
To print or download Communications you must have a printer connected to your computer or sufficient hard-drive space (approximately 1 MB) to store the Communications.
V. How to Withdraw Your Consent to this eCommunications Disclosure
Subject to applicable law, you may withdraw your consent to this eCommunications Disclosure by calling the appropriate toll-free customer service phone numbers. Please access the "Contact Us" link to find the appropriate phone numbers. You will not be charged a fee for withdrawal of your consent.
If you withdraw your consent, we may stop providing you with Communications electronically and we may terminate your access to the modification website. Your withdrawal of consent is effective only after you have communicated your withdrawal to Bank of America by calling the appropriate customer service phone numbers and Bank of America has had a reasonable period of time to act upon your withdrawal. Your consent shall remain in force until withdrawn in the manner provided in this section.
Remember that you can always set your Communications preferences as described in Section III above without withdrawing your consent to this eCommunications Disclosure.
Consent Coverage; Certain Notices From You Are Not Covered. Applicable law or contracts sometimes require you to give us "written" notices. You must still provide these notices to us on paper. Your consent here does not relate to those notices.
VI. Obtaining Copies of Electronic Communications.
You may print or make a copy of Communications by using the "Print" button (or otherwise using your printing functionality) or saving a copy - do this when you first review the Communications because after submission we do not necessarily keep them all in a place that you can access. Upon request, we will provide you with a paper copy of any Communications provided electronically by Bank of America to you pursuant to this eCommunications Disclosure, provided we receive your request within 12 months after the date the Communication was first made available to you electronically. You may request a paper copy of these Communications by calling us at the appropriate toll-free customer service phone number. Please access the "Contact Us" link to find the appropriate phone numbers.
Be sure to specify your application and/or modification, as applicable, the specific Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of the Communications.
VII. Updating Your Contact Information
In the event that your e-mail address or other contact information is changed, you must notify Bank of America of such changes immediately by calling the appropriate customer service phone number and communicate the contact information changes.
If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form via the website or e-mailed to the e-mail address we have for you in our records.
VIII. Retain Copies for Your Records
We recommend that you print or download a copy of this eCommunications Disclosure, the Website Agreement and all other Communications to retain for your permanent records; if you have not already placed a copy of our Privacy Policy in your records, you can obtain another copy.
Note: This eCommunications Disclosure applies to Communications that we are legally required to provide to you, including those set out below (see Section III of the Website Agreement), and other communications that we provide to you in connection with the modification status website.
BY CLICKING THE CHECKBOX BELOW, YOU ACKNOWLEDGE THAT YOU (1) HAVE READ AND UNDERSTAND THIS eCOMMUNICATIONS DISCLOSURE, AND (2) CONSENT TO RECEIVE ALL COMMUNICATIONS BY ELECTRONIC MEANS.
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Website Agreement
Please read these terms and conditions relating to your use of the modification status website ("Website Agreement") thoroughly - they contain important information about your legal rights.
Effective Date: December 1, 2011
I. General Description of Website Agreement
A. What This Website Agreement Covers
This Website Agreement governs your use of the modification website.
B. Accepting the Website Agreement
By clicking on the checkbox below and clicking the "Continue" button, you agree to the terms and conditions of the entire Website Agreement.
C. Relation to Other Agreements
Your use of the website may also be affected by agreements between you and Bank of America for accounts relating to an application and/or modification. This Website Agreement does not change the agreements you already have with us for any such account. Nor does the Website Agreement change any other agreement you may have with us relating to any other products or service you may access from Bank of America by electronic means, such as, for example, the Online Banking Services Agreement. You should review those other agreements for any applicable fees, and for terms associated with your use of any such account product and/or service.
II.Registration and Upload of Information
You will be required to register in order to access and use the website. In accessing the website, you may also upload information relating to your application that we may use in arriving at a modification decision. For registration and uploads, you represent and warrant that all such information is accurate, true, current, and complete as of the date it is provided to us by means of the website.
III.Collection and Creditor's Rights Notice
We are required by law to inform you that this Communication, including information made available on this website, is from a debt collector attempting to collect a debt, and any information obtained will be used for that purpose. Notwithstanding the foregoing, if you are currently in a bankruptcy proceeding or have received a discharge of the home loan debt that is the subject of your online inquiry, this statement is being furnished for informational purposes only. In that instance, it should not be construed as an attempt to collect against you personally, and we will take no steps to collect from you personally or against the property securing this loan while the bankruptcy's automatic stay remains in effect. In the future, you may receive a discharge in bankruptcy. Under those circumstances, by operation of law, we may retain the ability to enforce our rights against the property securing this loan should there be a Default under the terms of your loan documents, though we will not seek to collect the obligation from you personally unless our right to do so has been approved by the bankruptcy court.
If you have paid the debt before accessing this modification status website, or paid an amount agreed to be due by both you and us, we are not seeking to collect all or any part of the previously claimed or agreed upon amount. If you have made a partial payment, we are not seeking to collect any portion of the amount of the partial payment. Also, if you have properly disputed the debt and requested verification of the debt and we have not yet provided that to you, nothing contained in this modification website is an attempt to collect any disputed portion of the debt. Rather, the information contained within this modification status website is for the sole and limited purpose of informing you of the status of your modification and/or application.
IV. Other Terms and Conditions
A. Charges
Except as otherwise provided in this Website Agreement or any applicable account agreements and schedule of fees, there is no monthly service charge for accessing the website. However, you might incur charges for Internet service provider fees.
B. Modifications
We may change this Website Agreement at any time. For example, we may add, delete or amend terms. We will notify you of such changes by mail or electronic message.
C. Cancellation
You will be able to access the website until such access is terminated by you or Bank of America. You may cancel your access - and this Website Agreement -- at any time by notifying us of your intent to cancel in writing, or by contacting customer service. This cancellation applies only to your access to the modification status website and this Website Agreement, and does not terminate any other online access, or agreement, relating to your Bank of America accounts.
We may terminate your access to the modification status website and this Website Agreement for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.
D. Contact by Bank of America or Affiliated Parties
No Bank of America employee will contact you via email or phone requesting your Online ID or online passcode. If you are contacted by anyone requesting this information, please contact us immediately.
E. Disclosure of Account Information
We may disclose information to third parties about you or your application and/or modification in the following instances:
o To verify the existence and condition of your application/modification for a third party, such as a credit bureau or merchant
o To comply with a government agency or court orders, or in connection with fraud prevention or an investigation
o If you give us your permission
o With our affiliates as permitted under Federal and applicable state laws
o On a closed account, if we reasonably believe you have mishandled it
For more information about our privacy and security practices and a link to our Privacy Policy for Consumers go to our Web site at https://www.bankofamerica.com/privacy.
F. Disclaimer and Limitation on Our Liability
The modification status website is provided on an "as is" basis. We disclaim all representations and warranties including those pertaining to fitness for a particular purpose, or that the modification status website will operate free from error or in an uninterrupted fashion.
Under no circumstance shall Bank of America be liable to you or any third party for any direct, indirect, incidental, special or consequential damages, however caused and of any kind (including physical or emotional damages), related to the website, whether arising under this Website Agreement or otherwise, even if we were advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue use of the modification status website. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply and you may have additional rights.
BY CLICKING THE "I AGREE" BUTTON BELOW AND BY ACCESSING AND USING THE HOME LOAN MODIFICATION STATUS WEBSITE, YOU ACKNOWLEDGE THAT YOU (1) HAVE READ AND UNDERSTAND THIS WEBSITE AGREEMENT, AND (2) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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