PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT USE THIS WEB SITE.

Overview

Welcome to the Banker Exchange Web Site. Banker Exchange, LLC ("Banker Exchange") maintains this Web Site to provide users information about its tax deferred exchange related services. Your use of this Web Site is subject to these Terms of Use (the "Terms").

These Terms constitute your agreement with Banker Exchange with respect to your use of this Web Site. By accessing, browsing, or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by the Terms. You must abide by the Terms in order to become and remain an authorized user of this Web Site.

Banker Exchange reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. The modifications will be effective immediately upon posting. By using this Web Site after we have posted notice of modifications, alterations or updates, you agree to be bound by those revised Terms.

If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Banker Exchange retains the right to deny access to anyone at its discretion for any reason, including for violating these Terms.

Certain Definitions

"Content" means any and all content included in or available through this Web Site, including, without limitation, information, text, data, articles, ideas, drawings, configurations, designs, projects, programs, routines, concepts, instructions, graphics, logos, HTML, button icons, metatags, pictures, photographs, clip art, images, illustrations, promotional materials, downloads, software, audio, video and any other items or expressions included in or available through this Web Site.

"Marks" means all trademarks, service marks, logos, graphics, designs, page headers, button icons, scripts, domain names, metatags, trade dress, and trade names applicable to the business, operations, facilities, and services of Banker Exchange.

Proprietary Rights

The Marks are owned exclusively by Banker Exchange or its affiliates and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Banker Exchange. The Marks may not be used in connection with any product or service that is not owned or provided by or affiliated with Banker Exchange, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Banker Exchange. Other trademarks, service marks, logos, graphics, product names and company names not owned by Banker Exchange that may appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Banker Exchange.

All Content on this Web Site is protected by copyrights, trademarks, service marks, and/or other intellectual property rights, and is owned and controlled by Banker Exchange or its affiliates, or by third party content providers, merchants, sponsors, and licensors (collectively "Providers") that have licensed their content to Banker Exchange. Content on this Web Site is solely for your personal, non-commercial use. You may print a copy of the Content for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Banker Exchange or the Providers, as applicable.

Without the prior written consent of Banker Exchange or the Providers, as applicable, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the www.bankers1031.com and/or the Provider copyrights, trademarks or service marks, and other proprietary rights, and is prohibited. You may not use on any other web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content on this Web Site without prior written consent of Banker Exchange.

Use of Web Site

In using this Web Site, you agree that you will comply with all applicable national, state or local laws, statutes, regulations and ordinances; and that you will not use any device, software, routine or other means to interfere with or attempt to interfere with the proper working of this Web Site or otherwise restrict or inhibit another user from using and enjoying this Web Site. As a condition of your use of this Web Site, you warrant to Banker Exchange that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that violates intellectual property rights of other parties. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Banker Exchange, or its affiliates or Providers.

Links to Other Web Sites

This Web Site may contain links to other web sites ("Linked Sites"). The content of any Linked Sites is not under the control of Banker Exchange, and Banker Exchange is not responsible for, and does not endorse, that content, whether or not Banker Exchange is affiliated with the owners of the Linked Sites. The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk.

Information Provided by Third Parties

Certain information on this Web Site may be provided by third parties, and Banker Exchange assumes no responsibility or liability for such information.

Disclaimer of Warranties

THIS WEB SITE AND ITS CONTENT ARE PROVIDED ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. BANKER EXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE; AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE; THAT THIS WEB SITE OR ITS CONTENT WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; THAT THIS WEB SITE OR ITS CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEB SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BANKER EXCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

ANY SITE CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT BANKER EXCHANGE AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE NOR IN ANY WAY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS. YOU EXPRESSLY AGREE THAT NEITHER BANKER EXCHANGE NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION OR OPERATION OF THIS WEB SITE IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE, WHETHER BASED ON BREACH OF WARRANTY (EXPRESS OR IMPLIED), BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT LIABILITY, OR OTHERWISE, EVEN IF BANKER EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD THEREOF.

BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BANKER EXCHANGE AND RELATED PERSONS AND ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BANKER EXCHANGE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE JURISDICTIONS, BANKER EXCHANGE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Banker Exchange, the Providers, and their respective officers, directors, employees, affiliates, agents, licensors, and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms, or from the infringement by you (or any other user of this Web Site through the use of your computer or other device) of any rights (including, without limitation, copyright, patent, trademark, service mark, trade dress, trade secret, privacy, and publicity rights) of others.

General Provisions

Benefited Parties: These Terms are for the benefit of Banker Exchange, its Providers and their respective officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities will have the right to assert and enforce these Terms directly against you on its or their own behalf.

Severability: If any provision of these Terms is held invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

Waiver: Any waiver of any of the terms and conditions set forth herein will be effective only if in writing and signed by Banker Exchange, and the failure of Banker Exchange to exercise or enforce any of such terms and conditions will not constitute a waiver of such right or provision.

Web Site Changes: Banker Exchange retains title and ownership of this Web Site. Banker Exchange may, at any time and from time to time, change, suspend or discontinue any aspect of this Web Site, including the availability of any feature, database, or Content. Banker Exchange may, at any time and from time to time, impose limits on certain features and services or restrict user access to all or any parts of this Web Site.

Governing Law: The Terms will be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its conflicts of law rules. You hereby submit to the exclusive jurisdiction of the federal and state courts located in Greenville County, South Carolina with respect to any claim or suit arising out of or connected in any way with this Web Site or these Terms, and you hereby waive any right to assert jurisdiction or venue in any other court.

Entire Agreement: These Terms, and any applicable written agreement between you and Banker Exchange constitute the entire agreement and understanding between you and Banker Exchange with respect to the subject matter hereof and supersede all prior oral or written agreements or understandings between you and Banker Exchange relating thereto.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BANKER EXCHANGE, LLC.