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Terms of Use

You should carefully read the following Terms of Use before using the Macquarie Allegiance Capital web site ("Our Site"). By accessing Our Site you agree to be bound by the terms and conditions of this Terms of Use, including Our Site's Privacy Policy. This is a legally binding agreement. If you do not agree with these Terms of Use you should not use Our Site.

1. License. We hereby grant you the right to view and use Our Site, subject to the terms and conditions set forth in this Terms of Use. You may download and/or print a copy of information provided on Our Site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at:

   Macquarie Allegiance Capital
   300 Pacific Coast Highway
   Suite 305
   Huntington Beach CA, 92648

2. Modifications. We may modify this Terms of Use at any time, and such modification shall be effective thirty (30) days after we post the modified Terms of Use on Our Site. You agree to review this Terms of Use periodically to ensure that you are aware of any modifications. Your continued access or use of Our Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

3. Privacy. We respect your personal privacy. Please see our Privacy Policy, which is incorporated by reference into this Terms of Use, for the details of our commitment.

4. Usage Rules. As a condition of your use of Our Site, you warrant to us that you will not use Our Site for any purpose that is unlawful or prohibited by this Terms of Use. We reserve the right to deny you access to any part of Our Site at our sole discretion. Video images on Our Site are not guaranteed to be monitored for unacceptable use, nor will any video image appearing on Our Site be authenticated or endorsed by us. In addition you may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access Our Site using your account for any purpose.

5. Review of Postings & Uploads. We reserve the right to block or remove any images or materials on Our Site that we determine, in our sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another, or (d) offensive or otherwise unacceptable to us.

6. Links. Our Site may contain links to, or advertisements for, sites operated by other parties. The links or advertisements are provided for your convenience only. Neither we nor our suppliers control such sites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to, or advertisements for, such sites does not imply any endorsement of the material on such sites or any association with their operators. We do not in any way operate, control or endorse any information, products or services provided by third parties through the Internet. See our Privacy Policy regarding information which may be transferred to third parties by using these links or advertisements.

7. Warranty Disclaimer. THE INFORMATION AND SERVICES ON OUR SITE ARE PROVIDED "AS IS." We and our suppliers make no representations or endorsement about the suitability for any purpose of products and services available through Our Site. We and our suppliers do not guarantee the timeliness, validity, completeness or accuracy of information made available to you for any particular purpose. We and our suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the products, services and information contained on or made available through Our Site, including, but not limited to, the availability of Our Site, lack of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties, or any failure to provide the services provided on Our Site. Although we or our suppliers may update the content on Our Site from time to time, some of the information may be out of date and/or may contain inaccuracies or typographical errors.

8. Indemnification. You agree to indemnify, defend and hold us (including our officers, directors, employees, partners, managers, agents, information providers, partners, advertisers and suppliers) harmless from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this Terms of Use or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing Our Site using your service account.

9. Waiver, Release and Limitation of Liability. You agree that neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of Our Site. You hereby release and forever waive any and all claims you may have against us, our officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon our negligence, or the negligence of our officers, directors, employees, partners, managers, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of Our Site.

   Notwithstanding the foregoing paragraph, our (including our officers, directors, employees, agents, information providers, partners, advertisers and suppliers) total liability, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. In no event shall we, or our officers, directors, employees, agents, information providers, partners, advertisers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of Our Site are hereby excluded, even if we or our officers, directors, employees, agents, information providers, partners, advertisers or suppliers have been advised of the possibility of such damages

   Neither us, nor any of our affiliates, directors, officers, employees, partners or managers, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of Our Site, or resulting from the act or omission of any other party involved in making Our Site or the data contained therein available to you, or from any other cause relating to your access, or your inability, to access Our Site or these materials, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support.

10. Third Party Rights. The provisions of paragraphs 8 (Indemnification) and 9 (Waiver, Release and Limitation of Liability) are for our benefit and the benefit of our officers, directors, employees, managers, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

11. User Representations. You represent and warrant that you possess the legal right and ability to enter into this Terms of Use and to use Our Site in accordance with this Terms of Use. You agree to be financially responsible for your use of Our Site (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Terms of Use.

12. Miscellaneous. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between us and you for any purpose arising out of, or relating to, this Terms of Use or your use of Our Site shall be brought exclusively in a court of competent jurisdiction sitting in Orange County, California. Any cause of action or claim you may have with respect to Our Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms of Use. We may assign our rights and duties under this Terms of Use to any party at any time without notice to you.

13. Notice. We may deliver notice to you under this Terms of Use by means of electronic mail or a general notice on Our Site. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

    Macquarie Allegiance Capital
    300 Pacific Coast Highway
    Suite 305
    Huntington Beach CA, 92648

14. Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not, in any way, affect the validity or enforceability of the remaining provisions.