Disclaimer

You understand that MOBIZEE cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. MOBIZEE does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to- date and should not be used to replace any written reports, statements, or notices provided by MOBIZEE. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided "as is" and without warranties of any kind, either expressed or implied. MOBIZEE disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON- INFRINGEMENT. MOBIZEE does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. MOBIZEE does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and MOBIZEE may make changes or improvements at any time. You, and not MOBIZEE, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MOBIZEE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and MOBIZEE does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

MOBIZEE, ITS SUBSIDIARIES, AFFILIATES, LICENSEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MOBIZEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MOBIZEE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MOBIZEE FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold MOBIZEE, its subsidiaries, affiliates, licensees, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of MOBIZEE, or the party that provided the trademarks, service marks, and logos to Mobizee. MOBIZEE and any party that provided trademarks, service marks, and logos to MOBIZEE retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

  • You may not post, send, submit, publish, or transmit in connection with this site any material that:
  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist,
  • abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally
  • identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's
  • copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise
  • manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise
  • engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship
  • banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code,
  • files or programs designed to interrupt, destroy or limit the functionality of any computer software
  • or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to
  • type, or otherwise act in a way which affects the ability of other people to engage in real time
  • activities via this site;
  • includes MP3 format files;
  • amounts to a 'pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any
  • networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth
  • above.

Although under no obligation to do so, MOBIZEE reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither MOBIZEE nor any third party that provides content to MOBIZEE will assume or have any liability for any action or inaction by MOBIZEE or such third party with respect to any submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). MOBIZEE will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MOBIZEE considers insecure, MOBIZEE will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MOBIZEE reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. MOBIZEE reserves the right to investigate suspected violations of these Terms of Use. MOBIZEE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MOBIZEE to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MOBIZEE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MOBIZEE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [MOBIZEE] OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the country you are accessing the portal from, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in connection with any dispute between you and MOBIZEE arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Utah. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. MOBIZEE may revise these Terms of Use at any time by updating this posting.