Welcome to Williston Financial Group, LLC’s (“WFG”) WfgAgent.com website (the “Site”). We maintain the Site as a service to our title agents. BY USING OUR
CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO REVIEW INFORMATION ON OR USE THE SITE.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this
Agreement. We reserve the right in our sole discretion to add, modify or delete any documents, information or other content appearing on the Site at any
time and for any reason without specific notice to you. The latest Agreement or a link thereto will always be posted on the Site, and you are responsible
for regularly reviewing such Agreement prior to using the Site. If you object to any additions, modifications or deletions we make to the Site, your sole
recourse will be to cease using the Site. Your continued use of the Site following any such additions, modifications and/or deletions will constitute your
acknowledgment thereof and agreement to be bound thereby.
2. User Name and Password.
You must be a registered WfgAgent.com user in order to use the Site, and you are responsible, at your cost, for obtaining and maintaining all equipment and
services needed to access and use the Site and for paying all charges related thereto. Your right to use the Site, including any password or right given to
you to obtain information or documents, is personal to you and not transferable to any other person or entity without our prior written consent, which may
be withheld in our sole and absolute discretion. Access to some content accessible from the Site may be password-controlled. By registering for an account,
you certify that you are an authorized representative of your company with the authority to bind your company to this Agreement. You are solely responsible
for maintaining the confidentiality of your user name and password, and will be liable for any and all losses incurred by WFG as a result of the misuse of
your username, password or account.
4. Database Usage.
There are inherent dangers (such as potential infection of your system by computer viruses) in the use of any software, databases or other content
available for download through the Internet, and we caution you to make sure you completely understand the potential risks before you access or download
any databases or other content from the Site. If you access or download databases from the Site (“Databases”) or subscribe to any services offered through
the Site, the use of such Databases or subscription to such services is subject to the terms set forth herein. You are solely responsible for the adequate
protection and backup of your software, data and equipment, and you assume all risks associated with any Databases you may access or download.
5. Use Right.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, revocable and nonexclusive license
(and not a transfer of title) for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. 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 or enjoyment of the Site. No part of any content, form or document may be copied or reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We
reserve the right to revoke your authorization to view, download, and print any content available on this Site at any time, and any such use shall be
discontinued by you immediately upon notice from us. You may discontinue your access to the Site at any time.
You also agree not to use the Site (including, without limitation, any information or data you obtain through your use of the Site) (a) in a manner that
violates any law, rule or regulation, (b) to transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, (c) to transmit any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, (d) to transmit any material that
contains any computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment, (e) to stalk, harass or harm another individual, or (f) to impersonate any person or entity, or otherwise misrepresent your
affiliation with any person or entity.
When using the Site, you are solely responsible for providing accurate and complete information during registration and updating such information to keep
it current. Other than personally identifiable information and any other information that by applicable law is required to be kept confidential, any
material, information or other communications that you transmit or post to the Site (“User Communications”) will be considered non-confidential and
non-proprietary. We will have no obligations with respect to such User Communications. We and our designees will be free to copy, disclose, display,
distribute, modify, incorporate and otherwise use User Communications and all data, images, sounds, texts, and other things embodied therein, without any
obligation to any party whatsoever.
When you visit the Site, you are communicating with us electronically. As part of this Agreement, you (i) consent to receive communications from us
electronically by notices posted on the Site, and (ii) agree that all agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
Links to Third-Party Sites.
We may allow access to third-party sites (“Third Party Sites”) to you as a convenience only, from which you may obtain information or services. While Third
Party Sites are believed to be reliable, we are not responsible for the content, accuracy or opinions expressed in such Third Party Sites, and such Third
Party Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply
approval or endorsement of the linked Third Party Site by us. In addition, you understand that we do not operate or control the information or services
offered by Third Party Sites. We are not a party to the transactions entered into between you and any Third Party Sites. You agree that use of such third
party sites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise, including warranties of title, fitness for
purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and third
party sites or for any information appearing on Third Party Sites.
9. Intellectual Property.
The materials and services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of such materials or services constitutes a breach of this Agreement. Except as expressly provided
herein, WFG and its suppliers do not grant any implied rights to use the materials and services on the Site. You agree not to copy, republish, frame,
download, transmit, modify, reproduce, rent, lease, loan, sell, assign, distribute, display, license, sublicense, reverse engineer, or create derivative
works based on the Site, its materials or services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to
use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
The content, organization, graphics, design, audio, animation, video, compilation, magnetic translation, digital conversion and other matters related to
the Site are protected by United States law and international treaties and the copyright is held by WFG or the original creator of such items. WFG also
claims copyright in the trade dress of the Site, including the look and feel attributes as well as the selection, coordination and arrangement of the
content of the Site. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as expressly permitted in
this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of WFG or other third parties. You are not permitted to use the
Marks without the prior written consent of WFG or such third party that may own the Marks.
By accessing or using the Site, you agree to indemnify, defend and hold us and our affiliated companies, employees, officers, directors and agents
(collectively, “Affiliated Parties”) harmless from any and all liability, loss, claim and expense, including reasonable attorney’s fees, related to your
violation of this Agreement or use of the Site. We reserve the right, in our sole and absolute discretion and at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with our defense of such claim.
11. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND DATABASES IS AT YOUR SOLE RISK. ANY INFORMATION YOU OBTAIN FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY US (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE
INFORMATION AND SERVICES AVAILABLE ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS AND OTHER LIMITATIONS AND MAY NOT OPERATE UNINTERRUPTED.
12. Limitation of Liability.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE AVAILABLE ON OR THROUGH THE SITE. IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE DATABASES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US ON OR
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of certain warranties and/or the limitation or exclusion of certain damages, as set forth above in Section 11
and this section. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that we may not, as a matter of applicable
law, disclaim any warranty or limit our liability as set forth herein, the scope and duration of such warranty and the extent of our liability shall
automatically be deemed to be the minimum permitted under applicable law.
This Agreement shall be treated as though it were executed and performed in Portland, Oregon, and shall be governed by and construed in accordance with the
laws of the State of Oregon (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall
be brought solely in Portland, Oregon. You expressly submit to the exclusive jurisdiction of such courts and consent to extra-territorial service of
process. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 11 and 12.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such
provision. If a suit or an action is instituted in connection with any controversy arising out of this Agreement or to enforce any rights hereunder, the
prevailing party shall be entitled to recover such amount as the court may adjudge reasonable as attorneys’ or paralegals’ fees and costs of litigation at
trial or on any appeal or review, in addition to all other amounts provided by law. All rights not expressly granted herein are hereby reserved by us.