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 THEREOF. 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 enforcement authorities. 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. DISCLAIMER 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. SUBMISSIONS 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. TERMINATION 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. MISCELLANEOUS 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. TRADEMARK INFORMATION 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. CONTACT US 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