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Terms of Use Agreement...

Western Capital maintains this Web site as a service to its customers. By using Web sites owned and operated by Western Capital , you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain documents from this site.

Ownership. Western Capital  and its suppliers own all content, materials, forms, agreements, documents and other items on the Site (collectively, "Materials"). You have no ownership interest in Materials, but Western Capital  grants you a limited license to view and use Materials as described in Section 2 ("License"). Materials are protected under applicable copyright, trademark, trade secret and other intellectual property laws in the United States and around the world. You have no other right to view, use, copy, perform, display or modify Materials except as described in Section 2 ("License"). Western Capital  may modify, add to or delete any Materials at any time, without notice to or permission from you or any third party.

License. Subject to your performance of your obligations under this Agreement, Western Capital  hereby grants you a limited, revocable, nonexclusive, nontransferable license (without the right to grant sublicenses) to view and use the Site and the Materials solely for your own internal business purposes. You may not republish, "mirror", "frame", transfer or otherwise make available to third parties the Site or the Materials except with the prior written consent of Western Capital .

Forms. YOU UNDERSTAND AND AGREE THAT THE MATERIALS MAY CONTAIN SAMPLE OR FORM AGREEMENTS, LETTERS OR OTHER DOCUMENTS ("FORMS"). FORMS MAY INCLUDE FINANCIALLY OR LEGALLY SIGNIFICANT DOCUMENTS, SUCH AS CONTRACTS, LEASES, BALANCE SHEETS, ASSIGNMENTS AND OTHER ITEMS, AND ARE PROVIDED TO YOU SOLELY AS EXAMPLES OF TYPICAL DOCUMENTS OF THEIR KIND. THE DELIVERY AND USE OF FORMS DOES NOT CONSTITUTE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE, AND YOU ARE URGED TO CONSULT AN APPROPRIATE PROFESSIONAL LICENSED IN YOUR JURISDICTION BEFORE USING ANY FORMS. YOU THEREFORE ASSUME ALL RISK ASSOCIATED WITH FORMS AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WESTERN CAPITAL , ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR LIABILITIES (INCLUDING ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH THEM, ARISING FROM ANY BREACH OF THIS AGREEMENT BY YOU OR ANY USE BY YOU OF THE SITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, THE FORMS.

Registration and Personal Information. You may have the opportunity to provide certain personal information at the Site directly to Western Capital  or through your use of Third Party Services. The collection or use of personal information by Western Capital  shall be governed by the Western Capital  Privacy Policy, as modified from time to time by Western Capital ; the terms of such Privacy Policy are hereby incorporated into this Agreement by reference. You understand and agree that the collection or use of your personal information by third parties shall be governed by any agreement or privacy policy in effect between you and such third parties, if any, and Western Capital  shall have no liability whatsoever for any such collection or use.

Disclaimer. THE SITE AND THE MATERIALS ARE PROVIDED ON AN AS IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WESTERN CAPITAL  HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE AND THE MATERIALS (INCLUDING WITHOUT LIMITATION THE FORMS) MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, MAY CONTAIN "BUGS," ERRORS AND DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR PRODUCE RESULTS AS EXPECTED.

Damages. IN NO EVENT SHALL WESTERN CAPITAL , ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Western Capital , ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Western Capital  AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Grant of Rights. You represent and warrant that all information provided by you in whatever format shall be non-confidential to you or any third party, and Western Capital  may use or disclose such information without notice to permission from you or any other third party, subject only to the Western Capital  Privacy Policy as described in Section 4 ("Registration and Personal Information"). You hereby grant to Western Capital  a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, transferable license (with a right to grant sublicenses through multiple tiers of sublicensees) to use, execute, display, copy, perform and modify such information as Western Capital  sees with and for any purpose whatsoever.

Indemnity. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SHALL FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS WESTERN CAPITAL , ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR LIABILITIES (INCLUDING ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH THEM, ARISING FROM ANY USE BY YOU OF THIS SITE.

General. This Agreement constitutes the entire and only agreement between Western Capital  and you regarding the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the information provided by or through the Site, and the subject matter of this Agreement, unless you agree to purchase services from Western Capital  and this Agreement is replaced by appropriate services agreement. You agree to review this Agreement prior to reviewing any information or obtaining any documents from the Site. Any action related to this Agreement shall be governed by the substantive laws of the State of Utah, without regard to conflicts of laws principles. The State and Federal courts located in the Judicial District of Utah shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts and to extraterritorial service of process. The United National Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Neither this Agreement nor any rights hereunder may be assigned by operation of law or otherwise, in whole in part, by you without the prior written consent of Western Capital . Any purported assignment without such permission shall be void. Western Capital  may assign this Agreement, in whole or in part, without notice to you. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed, and the remaining terms shall be separately enforced. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. This Agreement may be modified or amended only in writing, signed by both parties. Any purported modification or amendment inconsistent with the foregoing shall be void. In the event of any conflict between this Agreement and the Privacy Policy or any other terms on the Site, this Agreement shall control.

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