Terms of Use

Fenix Global, LLC requires all persons or entities visiting any Fenix Global Internet sites to agree to the following terms and conditions. By accessing a Fenix Global’s site, you confirm your agreement to and acceptance of these terms and conditions.

Corrections and Modifications
Fenix Global is under no obligation to update, correct, or otherwise modify any information contained, residing, or transmitted to this or any Fenix Global site. While every reasonable effort is made to ensure that the information presented on and contained in these sites is accurate and correct, there may be inadvertent (technical and/or factual) inaccuracies and typographical errors. Information contained in Fenix Global sites may also become out-of-date. While Fenix Global disclaims all responsibility to update or correct any information placed on its sites, Fenix Global reserves the right to make changes and updates to any information contained within a Fenix Global site, including these Terms and Conditions, at Fenix Global’s discretion and without prior notice.

Consent to Monitoring and Disclosure
Fenix Global is under no obligation to monitor the information residing on or transmitted to any Fenix Global site. However, anyone accessing a Fenix Global site agrees that Fenix Global may monitor the site to (1) comply with any necessary laws, regulations, or governmental requests; (2) operate the site in a manner Fenix Global deems proper or to protect against conduct Fenix Global deems inappropriate. Fenix Global shall have the right, but not the obligation, to reject or eliminate any information residing on or transmitted to its sites that it believes is unacceptable or inconsistent with these terms and conditions.

To the extent Fenix Global receives information or materials through its sites, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, or ideas, such information or material shall be deemed to be non-confidential. Fenix Global assumes no obligation to protect such information from disclosure. The submission of information or materials to Fenix Global through a Fenix Global site shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Fenix Global for any purpose whatever. In addition, Fenix Global shall have the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any information or materials submitted by visitors/users through any Fenix Global site.

Endorsements and Linked Sites
Periodically Fenix Global makes reference in its sites to the products, services, processes, hypertext links, or other information of third parties (hereinafter “Third Party Products”). Unless specifically stated otherwise, such references shall not constitute or imply Fenix Global’s endorsement, sponsorship, or recommendation of such Third Party Products. Third Party Products are the sole and exclusive responsibility of the third party owner. Fenix Global is not responsible for the Third Party Products or the content on any third party Internet site linked to any Fenix Global site. Also see Fenix Global’s Linking Policy.

Security
Any user of a Fenix Global server or site agrees to comply with any security processes and procedures (such as passwords) specified by Fenix Global with respect to access to or use of a Fenix Global site. Unless specifically authorized by Fenix Global in writing, users of a Fenix Global server or site further agree not to access or attempt to access any areas of or through the site that are not intended for general public access.

Financial Information/Forward Looking Statements
A Fenix Global site may contain forward-looking statements. These statements are based on current expectations as of the date of the statement. Actual results may differ materially from those projected because of a number of risks and uncertainties. In light of these risks, uncertainties, and assumptions, the forward-looking events discussed might not occur or may not occur in the expected manner. Please review Fenix Global’s latest annual report on Form 10-K, quarterly report on Form 10-Q, and current reports on Form 8-K for other important factors that could cause results to differ materially from those in any such forward-looking statements. To obtain a copy of these reports, please fill out the Information Request form.

Press Releases/Company News
Any press releases, company news, or other materials contained on a Fenix Global site reflect circumstances and conditions that existed as of the respective dates on which they were initially released, presented, or otherwise made.

Warranty Disclaimer and Limitation of Liability
The user of a Fenix Global system and site assumes all responsibility and risk for the use of the server, site, and the Internet generally. Fenix Global, its affiliates, officers, directors, agents, assigns, and shareholders disclaim all warranties, representations, or endorsements, expressed or implied, with regard to the information accessed from, or via, a Fenix Global server, site, or the internet, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, system integration, data accuracy, or noninfringement. Fenix Global does not assume any legal liability or responsibility for the accuracy, completeness, usefulness, or timeliness of any information, apparatus, product, or process disclosed on a Fenix Global server, site, or other material accessible from a Fenix Global server, site, or Internet. In no event shall Fenix Global or its affiliates be liable for any special, indirect, or consequential damages, or any damages whatsoever resulting from access to or use of a Fenix Global site, or the internet generally, under contract, tort, or any other cause of action or legal theory, or from loss of use, data, or profits, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of the information on a Fenix Global server, site, or the internet generally even if Fenix Global has been previously advised of the possibility of such damages. No action, regardless of form, arising out of the use of a Fenix Global server, site, or the internet generally may be brought by a user/visitor more than one (1) year after the user/visitor knew or should have known of the occurrence of the event(s) which gave rise to the cause of action.

The information provided on a Fenix Global server and/or site is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title, noninfringement, or implied warranties of merchantability, fitness for a particular purpose, system integration, or data accuracy. No advice or information given by Fenix Global, its affiliates, or their respective officers, employees, or agents shall create any warranty. Neither Fenix Global nor its affiliates warrant that the information or materials on a Fenix Global server, site, or on the internet generally will be uninterrupted or error free or that any information, software, or other materials accessible from this server, website, or the internet generally is free of viruses or other harmful components.

No Advice
The information and materials contained on a Fenix Global site are intended for informational purposes and are not intended to offer advice, legal, financial, or otherwise, about specific situations or problems. Fenix Global encourages all visitors and users to obtain competent and professional assistance in all matters requiring such advice or guidance.

Failure to Comply
Fenix Global reserves the right to terminate or restrict the access of any user or visitor to this or any Fenix Global sites without notice should Fenix Global determine that a user has violated (or is threatening to violate) any of these Terms and Conditions. Fenix Global also reserves any and all remedies at law or equity in connection with violation of these Terms and Conditions.

Governing Law
Any disputes resulting from a visitor’s use of this or any Fenix Global server or site shall be construed and enforced under the laws of the Commonwealth of Virginia. Visitors hereby submit to the jurisdiction of the courts of Chesterfield County, Virginia, and waive any objection to venue with respect to actions brought in such courts. In any dispute, the prevailing party shall be entitled to recover its reasonable attorney’s fees and cost from the non-prevailing party. If any provision of these Terms and Conditions is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Copyright
The contents of this web site, including text, graphics, images, and other site material (collectively the "Downloadable Materials"), are protected by copyright owned or controlled by Fenix Global Technology, LLC. or its licensors, under both United States and foreign laws. To the extent Fenix Global has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, Fenix Global hereby grants a personal, non-exclusive, non-assignable, and non-transferable license to use and display the Downloadable Materials, for home, noncommercial, and personal use only, subject to the following conditions:

Any copies of Downloadable Materials, or portions thereof, must include the above copyright notice.
There shall be no sublicense, assignment, or other transfer of this license or the Downloadable Materials and no title to the Downloadable Materials has been or will be transferred from Fenix Global or anyone else. Alterations, disassembly, recompilations, reverse engineering, or other modifications of the Downloadable Materials are strictly prohibited. The sale or modification of the Downloadable Materials or the reproduction, display, public performance, distribution, or other use of the Downloadable Materials in any way for any public or commercial purpose is strictly prohibited. The use of any portion of the Downloadable Materials on any other web site or in a networked computer environment for any purpose is prohibited. The violation of any of these terms will result in the automatic termination of any license to use the site materials granted herein and will require the immediate destruction of any and all copies of the site materials made pursuant to the license granted herein. Each document published by Fenix Global on this site may contain other proprietary notices or describe products, services, processes, or technologies owned by or licensed to Fenix Global. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent, or other intellectual property right of Fenix Global or any of its licensors.

Fenix Global and its licensors reserve and retain all copyright and all other proprietary rights in and to the materials contained on this web site, including without limitation, all rights in any public information as a compilation. U.S. copyright laws, international treaties, and/or other laws protect all materials contained on this web site and any unauthorized use of any materials contained on this web site is a violation of such laws.

Trademarks
The names, marks, and logos appearing in this web site are, unless otherwise noted, trademarks owned by or licensed to Fenix Global, Inc. The use of these marks, except as expressly provided herein, is strictly prohibited. Periodically Fenix Global makes fair use in this web site of trademarks/service marks owned and/or used by third parties. Any such marks are clearly noted, and Fenix Global makes no claim to ownership of those marks.

Fenix Global and its licensors reserve and retain all trademark/service mark and all other proprietary rights in and to the marks contained on this web site. U.S. trademark/service mark laws, international treaties, and/or other laws protect all marks contained on this web site and any unauthorized use of any marks contained on this web site is a violation of such laws.
The "Fenix Global” name and logo and other trademarks/service marks owned by Fenix Global or its affiliates may not be used without the express prior written consent of Fenix Global Financial Group, Inc.

Infringement Allegations
In compliance with the Digital Millennium Copyright Act, please direct any claims of third party copyright infringement residing on Fenix Global’s system or network to:

Questions

If you have any questions about the notice or write to:

Fenix Global
Privacy Policy
2000 Randolph Road SE
Suite 105
Albuquerque, NM 87106

Last revised 12/08