Disclaimer

USE OF FINSYTE.COM LLC’S (FINSYTE’S) SERVICES BY YOU, IF ANY, WILL BE GOVENERED BY SEPARATE WRITTEN AGREEMENTS BETWEEN FINSYTE AND YOU. ALL CONTENT ON THIS WEB SITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FINSYTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE SERVICES OR PRODUCTS OFFERED BY FINSYTE ON THE SITE FOR YOUR INTENDED USE. FINSYTE DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE SERVICES OR PRODUCTS IT OFFERS MEET YOUR REQUIREMENTS. FINSYTE TO THE FULLEST EXTENT OF APPLICABLE LAW, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, FINSYTE AND ITS MEMBERS, MANAGERS, EMPLOYEES, ATTORNEYS, AFFILLIATES AND AGENTS (‘INDEMNITIEES’) AGAINST ALL CLAIMS, EXPENSES, LIABILITIES, LOSSES, COSTS, AND DAMAGES, INCLUDING REASONABLE ATTORNEY’S FEES, THAT THE INDEMNITIEES MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY HYPER LINKED WEB SITE.

Welcome to www.finsyte.com. The www.finsyte.com website (the “Site”) is comprised of various web pages operated by Finsyte.com LLC (“FINSYTE”). www.finsyte.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.finsyte.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Privacy

Your use of www.finsyte.com is subject to FINSYTE’S Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.finsyte.com or sending emails to FINSYTE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites/Third Party Services

www.finsyte.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FINSYTE and FINSYTE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FINSYTE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FINSYTE of the site or any association with its operators. Certain services made available via www.finsyte.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the www.finsyte.com domain, you hereby acknowledge and consent that FINSYTE may share such information and data with any third party with whom FINSYTE has a contractual relationship to provide the requested product, service or functionality on behalf of www.finsyte.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted non-exclusive, non-transferable, revocable permission to access and use www.finsyte.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FINSYTE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FINSYTE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FINSYTE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of FINSYTE and the copyright owner. You agree that you

do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FINSYTE or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any

code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

FINSYTE has no obligation to monitor the Communication Services. However, FINSYTE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FINSYTE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FINSYTE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FINSYTE’S sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FINSYTE does not control or endorse the content, messages or information found in any Communication Service and, therefore, FINSYTE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FINSYTE spokespersons, and their views do not necessarily reflect those of FINSYTE.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

International Users

The Service is controlled, operated, and administered by FINSYTE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FINSYTE Content accessed through www.finsyte.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless FINSYTE, its members, managers, officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FINSYTE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FINSYTE in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration conducted by a single neutral arbitrator and administered by the Judicial Arbiter Group or JAMS , or a similar arbitration service selected by the parties, in the City and County of Denver, Colorado, USA. The arbitrator’s award

shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the domestic laws of the State of Colorado, USA govern the interpretation and enforcement of this provision and also apply to any claims related to this Site or your use thereof. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FINSYTE agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

FINSYTE.COM LLCAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FINSYTE.COM LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FINSYTE.COM LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINSYTE.COM LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FINSYTE.COM LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF

THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

FINSYTE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FINSYTE as a result of this agreement or use of the Site. FINSYTE’S performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FINSYTE’S right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FINSYTE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FINSYTE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and FINSYTE with respect to the Site. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

FINSYTE reserves the right, at any time, in its sole discretion, to change the Terms under which www.finsyte.com is offered. The most current version of the Terms will supersede all previous versions. FINSYTE encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

FINSYTE welcomes your questions or comments regarding the Terms: info@finsyte.com