TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE
AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
FURTHERMORE, BY USING THIS SITE, YOU REPRESENT (i) YOU HAVE THE CAPACITY TO BE
BOUND BY THESE TERMS AND CONDITIONS AND (ii) IF YOU ARE ACTING ON BEHALF OF A
COMPANY OR OTHER ENTITY, YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY.
IF YOU DO NOT AGREE, YOU SHOULD NOT USE OR ACCESS THIS SITE OR ANY PORTION
RESTRICTIONS ON USE
This Site and its entire contents including, but not limited to, the text,
information, material, software, layout, graphics, and logos (collectively, the
"Materials") are owned by Capmark Bank ("Bank"). The Materials are protected by
copyright, trademark and other intellectual property laws and treaties. The
Materials may not be copied, reproduced, displayed, distributed, published,
licensed, modified, uploaded, downloaded, posted, reused, sold, transmitted,
used to create a derivative work, or otherwise used for public or commercial
purposes, without the prior written consent of Bank. You may not delete or
change any copyright, trademark, or other proprietary notices from the
Materials. Modification or use of the Materials for any other purposes violates
Bank's intellectual property rights. If you download software from the Site,
the software and its content is deemed to be licensed to you by Bank. Neither
title nor intellectual property rights are transferred to you, but remain with
Bank, who owns full and complete title. You are not authorized to distribute,
sell, modify, decompile, reverse engineer, disassemble, or otherwise convert
the software in any way.
Prior written consent must be obtained for any commercial use of data provided
on this Site. Please forward any requests in writing to Capmark Bank, 6955
Union Park Center, #330, Salt Lake City, UT 84047, Attention: Steven J.
Nielsen. Bank reserves the right to revoke such authorization at any time, and
any such use shall be discontinued immediately upon notice from Bank.
The Material in this Site is provided for lawful purposes only. Possible
evidence of use of this site for illegal purposes will be provided to law
RESTRICTION ON LIABILITY
Bank will not be liable for any damages or injury caused by, including but not
limited to, any failure of performance, error, omission, interruption, defect,
delay in operation of transmission, computer virus, or line failure. Bank will
not be liable for any damages or injury, including but not limited to,
incidental, special or consequential damages that result from the use of, or
the inability to use, the Materials in this Site or a Web site which is linked
to this Site, even if there is negligence or Bank or an authorized Bank
representative has been advised of the possibility of such damages, or both.
The above limitation or exclusion may not apply to you to the extent that
applicable law may not allow the limitation or exclusion of liability for
incidental, special or consequential damages.
Bank maintains this Site to provide you with information about Bank, its
products and services, and to provide an avenue of communication between you
and Bank. This Site provides information. While Bank believes such information
to be reliable, we make no claims or representations about the accuracy,
reliability, timeliness, usefulness or completeness of such information.
The Material in this Site could include technical inaccuracies or typographical
errors. By using this Site, you assume all responsibility and risk for the use
of this Site and the Internet generally. THE MATERIALS IN THIS SITE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR
IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BANK
DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BANK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL
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. BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABLITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES.
All remarks, suggestions, ideas, graphics, or other information communicated to
Bank through this Site (together, the "Submission") will forever be the
property of Bank. Bank will not be required to treat any Submission as
confidential, except as agreed by Bank having the direct customer relationship
or as otherwise specifically agreed or provided by law. Bank will not be liable
for any ideas for its business (including without limitation, product or
advertising ideas) and will not incur any liability as a result of any
similarities to the Submissions that may appear in future Bank operations.
Without limitation, Bank will have exclusive ownership of all present and
future existing rights to the Submission of every kind and nature everywhere.
Bank will be entitled to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other person sending the
Submission. You acknowledge that you are responsible for whatever material you
submit, and you, not Bank, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
Bank or you may terminate this agreement at any time. You may terminate this
agreement by destroying: (a) all Materials obtained from the Site, and (b) all
related documentation and all copies, printouts, and installations. Bank may
terminate this agreement immediately without notice if, in its sole judgment,
you breach any term or condition of this agreement. Upon termination, you must
destroy all Materials.
These Terms and Conditions will be governed and will be interpreted pursuant to
the laws of the State of Utah, United States of America, notwithstanding any
principles of conflicts of law. If any part of these Terms and Conditions is
unlawful, void, or unenforceable, that part will be deemed severable and will
not affect the validity and enforceability of any remaining provisions.
Bank may change, update, discontinue, or restrict or prevent access to this
Site or the Materials at any time without notice. Bank may discontinue or make
changes in the products or services described on the Site at any time. Bank
reserves the right to terminate any and all Site offerings without prior
notice. All users may not be eligible for all the products or services offered
by Bank, and the right to determine the eligibility of users for products and
services remains with Bank. In offering information, products or services via
this Site, Bank is making no solicitation to any person to use such
information, products or services in jurisdictions where their provision is
prohibited by law.
The Bank's marks are federally protected marks of Bank.
All other trademarks displayed on this Site or through links to other Web sites
are the property of the respective trademark owners.
Should you have any questions regarding our Site, please call us at phone number 801-304-2900 or fax number 801-352-8463.
Capmark Bank. All rights reserved